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Collective Bargaining
Agreements for
Police and Firefighters
U.S. Department of Labor
Bureau of Labor Statistics
Bulletin

1885




U n ited S t a t e s . Bureau o f Labor S t a t i s t i c s .
C o lle c tiv e b a rg a in in g agreem ents f o r p o lic e and
fire fig h te rs .
( B u lle tin - Bureau o f Labor S t a t i s t i c s ; 1885)
’’P re p a re d . . . by R ic h ard R. N elso n , w ith th e
a s s is ta n c e o f John H. Chase and Haney R. P e a rso n , J r . ,
u n d er th e d i r e c tio n o f Leon E . Lunden, p r o je c t
d ire c to r.”
S u p t. o f Docs, n o .: L 2.3:1885
1 . C o lle c tiv e la b o r agreem ents—P o lic e —U n ited
S t a t e s . 2. C o lle c tiv e la b o r agreem ents—Firem en—
U n ited S t a t e s . 3» C o lle c tiv e la b o r agreem ents—
P o lic e —U nited S t a t e s —S t a t i s t i c s . 4* C o lle c tiv e
la b o r agreem ents—Firem en—U n ited S t a t e s —S t a t i s t i c s .
I . N elso n , R ic h ard Rex. I I . C hase, John H.
I I I . P e a rso n , Haney R. IV . T i t l e . V. S e r ie s :
U n ited S t a t e s . Bureau o f Labor S t a t i s t i c s .
B u lle tin ; IB 85.
KF3409.P77AS42
3 3 1 .S 9 , 0 4 1 , 3632
75-619345




Collective Bargaining
Agreements for
Police and Firefighters
U.S. Department of Labor
W. J. Usery, Jr., Secretary
Bureau of Labor Statistics
Julius Shiskin, Commissioner
1976
Bulletin

1885

For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, GPO Bookstores, or




BLS Regional Offices listed on inside back cover. Price $2.20
Make checks payable to Superintendent of Documents
Stock Number 029-001-01854-1
Catalog Number L2.3:1885




Preface

This bulletin is one o f a series of studies by the Bureau of Labor Statistics dealing
with collective bargaining and labor-management relations in the public sector. This
study provides information on the characteristics o f agreements covering police and fire
protection employees in State, county, and municipal jurisdictions.
This bulletin was prepared in the Division o f Industrial Relations by Richard R. Nelson,
with the assistance o f John H. Chase and Haney R. Pearson, Jr., under the direction of
Leon E. Lunden, Project Director. Funds for the study were made available by the
Labor Management Services Administration o f the Department of Labor.







Contents
Page
Chapters:
1. Introduction ................................................................................................................................................................
2. Identifying characteristics o f agreem ents................................................................................................................
3. Administrative provisions ...........................................................................................................
4. Wage provisions and allow ances................................................................................................................................
5. Hours, overtime, and outside em ploym ent..............................................................................................................
6. Paid and unpaid leave ................................................................................................................................................
7. Pension and insurance benefits..................................................................................................................................
8. Personnel policies .......................................................................................................................................................
9. Grievance, arbitration, and discipline.......................................................................................................................
10. Negotiations and negotiation impasse procedures ..............................................................................................
Tables:
1. Police and fire agreements by level o f government and city size, 1972-73 .......................................................
2. Police and fire agreements by region and employee organization, 1972-73 .....................................................
3. Police and fire agreements by occupational group and employee organization, 1972-73 ...............
4. Police and fire agreements by size o f bargaining unit and employee organization, 1972-73 .........................
5. Contract duration o f police and fire agreements by government activity, 1972-73 .......................................
6. Union security arrangements in police and fire agreements by employee organization and
region, 1972-73 .........................................................................................................................................................
7. Dues checkoff, management rights, antidiscrimination, and residency requirement provisions in
police and fire agreements, 1972-73 .....................................................................................................................
8. Official time for union business in police and fire agreements, 1972-73 .........................................................
9. Miscellaneous union activity provisions in police and fire agreements, 1972-73 ..............................................
10. Leaves of absence for union business in police and fire agreements, 1972-73 ...................................................
11. Wage adjustment provisions in police and fire agreements, 1972-73 ...................................................................
12. Parity and longevity pay provisions in police and fire agreements, 1972-73 .....................................................
13. Pay for shifts and holidays worked in police and fire agreements, 1972-73 ......................................................
14. Uniform and automobile allowances in police and fire agreements, 1972-73 ...................................................
15. Scheduled weekly hours o f work in police and fire agreements, 1972-73 ..........................................................
16. Scheduled days in the workweek in police and fire agreements, 1972-73 ..........................................................
17. Overtime and related provisions in police and fire agreements, 1972-73 ..........................................................
18. Outside employment provisions in police and fire agreements, 1972-73 ..........................................................
19. Allowances for voting, police court time, and jury duty in police and fireagreements, 1972-73 ..................
20. Paid holiday provisions in police and fire agreements by government activity, 1972-73 .................................
21. Maximum vacation allowances in police and fire agreements, 1972-73 ............................................................
22. Selected payments for time not worked inpolice and fire agreements, 1972-73 .............................................
23. Personal and maternity leave provisions in police and fire agreements, 1972-73 ............................................
24. Life insurance, health benefit plans, and pension provisions in police and fire agreements,1972-73 ...........
25. Line-of-duty benefit provisions and liability protection in police and fire agreements, 1972-73..................
26. Probationary periods, work assignment provisions, and manning in police and fire agreements,
1972-73 .......................................................................................................................................................................




2
4
10
28
37
48
58
67
80
91

7
7
7
8
8
25
25
25
26
26
35
35
35
35
46
46
46
46
55
55
56
56
56
65
65
77

Contents—Continued
Page
Tables— Continued
27.
28.
29.
30.
31.
32.

Reduction-in-force provisions in police and fire agreements, 1972-73 ..............................................................
Training and education provisions in police and fire agreements, 1972-73 .......................................................
Temporary service out o f rank and promotion procedures in police andfire agreements, 1972-73...............
Promotion criteria in police and fire agreements, 1972-73 ..................................................................................
Negotiated grievance provisions in police and fire agreements, 1972-73 ........................................................
Status of mediation and arbitration in grievance procedures in police and fire agreements by
government activity, 1972-73 ................................................................................................................................
33. Disciplinary procedures in police and fire agreements, 1972-73 .......................................................................
34. Negotiation impasse resolution procedures in police and fire agreements, 1972-73 .......................................

89
89
93

Appendix: Identification o f cla u se s..................................................................................................................................

94




77
77
78
78
89




Chapter 1. Introduction

Scope o f study

Chapter 1. Introduction

Police and fire protection, o f vital importance to the
safety and well-being o f a community, are essential
services at State, county, and municipal levels of
government. In recent years, however, the occurrence
of civil disturbances, coupled with increasing crime
rates, has provided a challenge for public safety officials.
As has been true for other workers in the public
sector, police and firefighters have increasingly turned
to collective bargaining to achieve economic and non­
economic benefits. Because the outcome o f negotiations
between public safety personnel and their employers
is so critical to public order, it is essential that
settlements be reached as quickly and peacefully as
possible. To achieve these objectives, negotiators need
information which will promote rational bargaining.
This study marks the Bureau’s first attempt to present
information on the frequency and composition of
collective bargaining provisions in protective service
agreements. Special attention has been given to two
factors that distinguish protective service agreements
from those customarily negotiated by workers in other
occupations— the modification of standard clauses to
meet specific conditions o f police and fire operations,
and the inclusion of provisions covering subjects unique
to public safety employment.
The reader should be cautioned that the data reflect
the Bureau’s understanding of the written provisions and
do not necessarily represent that of the parties involved.
Agreement language can be vague or complicated and
may not always be indicative o f actual practice. Under
such circumstances, the Bureau can only analyze the
specific language appearing in contracts and hope
that it closely represents the rules under which the
parties operate.
Scope of study

and support personnel. The areas of jurisdiction included
238 State, county, and municipal governments contained
within 32 States and the District o f Columbia. A small
number of city or countywide agreements which ex­
tended their coverage to fire and police departments
were also included.
It should be emphasized that the study is based on
agreements which the Bureau had in its files.1 These
may not be a representative sample of all agreements
covering protective service employees. The discussion
in the following chapters refers only to the agreements
studied and is not necessarily applicable to all police
and fire agreements.
All agreements were in effect during 1972-73. To
provide the most current information possible, over
90 percent of the clause illustrations were drawn from
contracts expiring during 1974-77. The agreements
from which the clauses are taken are identified in
the appendix.
In addition to collective bargaining agreements as
usually defined in private industry, this study includes
related documents such as memoranda of understanding,
letters of agreement, ordinances, and other unilateral
promulgations if they are clearly the result of bilateral
negotiations. This approach understates the effect of
unions and associations on police and fire labor relations
policies. In many cases, seemingly unilateral city ordi­
nances and executive orders are in fact the consequence
of discussions involving employee organizations. How­
ever, if no record of this involvement has been set
forth in the documents, they have not been considered
within the scope of the study. This approach, therefore,
understates the effect of unions and associations on
police and fire labor relations policies.
For convenience of exposition, all documents used in
this study will be referred to as agreements or contracts.

For this study, the Bureau examined 504 collective
bargaining agreements covering 84,979 fire, police,
and sheriffs’ department employees, including clerical

1 The Bureau maintains a file of private and public sector
collective bargaining agreements, all voluntarily submitted,
which are available for public use.




Chapter 2. Identifying Characteristics of Agreements




Bargaining unit designation
Level o f government
Employee organization and affiliation
Region
Occupational group
Size of bargaining unit
Contract duration

Chapter 2. Identifying Characteristics of Agreements
Bargaining unit designation

Police agreements outnumber fire protection con­
tracts in the study, but the number o f fire protection
employees who are covered is greater than the number
of police protection employees, as shown in the fol­
lowing tabulation:

Activity

Agreements Employees

T o t a l...........................

504

84,979

Firefighters............................
Police .....................................
Police and firefighters.........
Sheriffs’ deputies ................
City wide1................................

195
254
11
38
6

41,176
33,488
777
9,221
317

For the purposes o f this study, “citywide” agreements
cover most or all municipal activities and specifically include
police and fire protection. Employee coverage refers only to
those in the protective services.

Few agreements involve employees o f sheriffs’ depart­
ments. In many jurisdictions, these employees frequently
obtain their jobs by political appointment and their
number is small; consequently they are less likely to
choose representation by an employee organization.
Still fewer contracts combine police and firefighters
or include them with all other municipal employees in a
citywide agreement. Such multicoverage contracts are a
phenomenon of small cities and involve few employees
in the study.
Level of government

The great majority o f the agreements studied (89
percent) covered municipal police or fire protection
employees, as might be expected considering the localized
nature of such services. (See table 1.) Ten percent o f the
agreements were reached at the county level, covering 15
percent o f all employees included in the study. The
data reflect situations where county governments have
assumed police and/or fire protection responsibilities
that otherwise would have been divided among a
number o f small, unincorporated jurisdictions. The
centralization which emerges provides greater efficiency




and control than might be obtainable from small local
jurisdictions. Duplicated effort is eliminated when several
operations are merged into one operation. In addition, a
centralized government possesses purchasing economies
which might not be available to individual jurisdictions.
Three-quarters of the cities represented in the study
have populations of no less than 10,000 and up to
100,000. These, however, encompass only slightly more
than one-quarter of municipal police and fire protection
workers. The remaining workers were in cities with
populations o f 250,000 or more.
Data on the number of agreements will serve as an
indicator of the dispersion of contract provisions studied
while data on the number of employees covered will
furnish a measure of the impact of contract provisions
on police and fire employees.2
Employee organization and affiliation

Over three-fifths of the agreements, covering more
than one-half of the employees, were negotiated by
traditional unions, the bulk of which are affiliated with
the AFL-CIO. (See table 2.) The remainder of the
agreements were negotiated by associations, primarily
local police and fire associations.
Agreements involving AFL-CIO affiliates were con­
centrated primarily in two unions, the International
Association of Fire Fighters (IAFF) and, to a lesser
extent, the American Federation of State, County, and
Municipal Employees (AFSCME), which had contracts
largely covering police jurisdictions:

Employee organization

Agreements Employees

T o t a l............................

504

84,979

All AFL-CIO affiliated
unions ............................

266

45,158

179

39,846

84

4,942

Firefighters............................
State, County and Municipal
Employees (AFSCME). . . .

2 The analysis in this and subsequent chapters pertains
only to the 504 agreements studied. As noted earlier, these are
not necessarily a representative sample of all police and fire
agreements.

Formed in 1918, the IAFF achieved a high degree
of acceptance from local governments, mainly because
the organization’s essentially conservative policy did not
clash with elected officials’ assertions that strike action
among government employees was illegal. The IAFF
retained in its constitution a clause prohibiting strikes,
and finally retracted this clause in 1968 in an environ­
ment of growing union militancy. Already firmly estab­
lished as a representative o f fire protection employees,
it easily moved into an active collective bargaining role
when such methods become legal.
The S tate, C ounty and M unicipal E m p lo y ees
(AFSCME) is the only other AFL-CIO affiliate with a
relatively large number o f agreements, mostly in police
protection. The AFSCME, which had more success
organizing nonpolice than police employees, accounts
for more police agreements in the study than the
Fraternal Order of Police. However, employee coverage
is not as extensive compared to contracts involving
nonaffiliated police associations.
An additional 40 agreements were negotiated with
independent unions. All of these were locals of the
International Brotherhood of Teamsters, which wields
influence among employees o f sheriffs’ departments.
Of the six contracts signed by AFLCIO affiliates and
independent organizations, four involved independent
unions, and two, employee associations.
Among the 192 associations signing agreements, the
bulk were local police or fire associations, comprising
employees from one protective service, usually in one
jurisdiction. There were also a variety of organizations
which were structured along single protective service
lines, but cover more than one jurisdiction, such as the
Fraternal Order of Police and several police benevolent
associations. Other associations in the study, such as
civil service employee associations or associations of city
employees, covered a variety of government employees,
including some from the protective services:

Employee association

Agreements

Employees

T o t a l............................

192

37,236

Police associations................
Fire associations..................
Fraternal Order of Police . .
Police benevolent
associations.........................
Civil service employee
associations.........................
Independent city employee
associations.........................

128
16
30

27.056
848
2,845

12

5,992

2

187

4

lack of interest in organizing police since the 1919
Boston police strike. No separate AFL-CIO charter
has yet been issued, although a group seeking such
a charter, the National Union of Police Officers,
eventually affiliated with the Service Employees Inter­
national Union (AFLCIO).
Typically, contracts failed to specify affiliations of
employee organizations. Among the exceptions were
Wisconsin and California contracts, which occasionally
referred to affiliations with statewide organizations
such as the Wisconsin Police Protective Association or
the Peace Officers Research Association of California.
Only one agreement specified the organization’s affili­
ation with the International Conference o f Police
Associations.
Names of the organizations sometimes revealed their
fraternal beginnings: Examples are the Des Moines
Police Burial and Protective Association, the Stockton
Police Widow’s and Orphans Association, the Firemen’s
Protective League of Anaheim, the Andover Police
Betterment Association, and the Rochester Police Locust
Club, Inc. Other names implied that the particular
associations were established solely for negotiating
purposes: Examples are the Scituate Police Salary
Committee, the Boston Police Collective Bargaining
Federation, or the Police Officers of the Borough of
Monroeville, Wage Policy Committee.
Region

Protective service collective bargaining agreements
were found everywhere except in the East South
Central and West South Central States. (See table 2.)
Neither region is an area where collective bargaining is
widespread, accounting for the absence of police and
fire agreements. Only two of eight States in the two
regions had passed any enabling legislation referring to
police and firefighters. Alabama permitted firefighters
to present proposals; Oklahoma permitted collective
bargaining for both police and firefighters.
Agreements were most numerous in New England
and the East North Central States where collective
bargaining has a long tradition, and where a significant
number o f small bargaining units are contained within
smaller population centers. The largest number of
police and firefighters were concentrated in the Middle
Atlantic States, followed by the Pacific States, where
a number of agreements covered large urban communities.

308
Occupational group

Among police, the dominance o f associations over
AFL-CIO unions may be attributable to the Federation’s




As a rule, protective service agreements covered nearly
all employees in police and fire departments— both

rank-and-file employees and superior officers. (See
table 3.) In both the number of agreements and workers
coverage, AFL-CIO affiliates had a numerical edge
over associations. On the other hand, where officers
and nonofficers bargained separately, association agree­
ments were more prevalent, more so for nonofficer
contracts than for those o f officers. About one-half
of the association agreements exclusively involving
officers were negotiated by separate organizations, such
as the Portage Police Command Officers Association or
the Detroit Police lieutenants and Sergeants Association.
The remainder were negotiated by associations including
both officers and nonofficers, as was the case for
traditional unions representing supervisory police or
fire personnel, which were evenly dispersed among
the IAFF, AFSCME, and Teamsters.
Few agreements involved civilian personnel alone,
but a significant proportion included civilians with
command and nonsupervisory police and fire employees.
Size of bargaining unit

The present study indicates that collective bargaining
in the protective services has filtered down to small units,
This is evident first in the prevalence o f small cities in
the study (table 1), and again by the large number of
small bargaining units. Nearly three-quarters of the
agreements studied covered under 100 employees each.
(See table 4.) These small unit contracts, however,
accounted for only 17 percent of the police and




firefighters studied. The rest of the employees were
divided between contracts covering 100 to 999 em­
ployees each (121), and those each involving 1,000
or more (16). The largest unit involved 9,400 New
York City firefighters. Other sizable units were the Los
Angeles police, New York State troopers, Philadelphia
firefighters, and Milwaukee police.
Contract duration

Police and fire agreements, like contracts for munici­
pal employees, are of shorter duration than agreements
in private industry. (See table 5.)3 Only 14 percent of
the agreements, covering 12 percent of the police and
fire employees studied, were negotiated for 3 years or
more. Over 83 percent of the agreements, covering 71
percent of the employees in the study, were drawn
for terms of 2 years or less. In fact, 1-year agreements
constituted 36 percent of the contracts studied and 24
percent of the protective service employees covered.
Contracts of this brief duration may be linked to the
complex nature of the union-management relationship
in government where budgetary matters are controlled
by a third party— the legislative branch— and can
affect the settlement. Because of this uncertain element,
it is possible that the parties tend to negotiate short-term
agreements.
3 See Municipal Collective Bargaining Agreem ents in Large
Cities, Bull. 1759 (Bureau of Labor Statistics), pp. 4,6.

E m p lo y e e s

A g re e m e n ts

L e v e l o f g o v e r n m e n t a n d c ity s iz e
T o t a l --------------------------------------------------------------

504

S t a t e --------------------------------------------------------------------------

6

5 , 31 7

C o u n ty ----------------------------------------------------------------------

51

1 2 ,8 0 6

C i t y --------------------------------------------------------------------------P o p u l a t i o n o f:
1 ,0 0 0 , 0 0 0 a n d o v e r ------------------------------------5 0 0 , 0 0 0 t h r o u g h 9 9 9 , 9 9 9 ---------------------- —
2 5 0 , 0 0 0 t h r o u g h 4 9 9 , 9 9 9 -------------------------1 0 0 , 0 0 0 t h r o u g h 2 4 9 , 9 9 9 -------------------------5 0, 0 0 0 t h r o u g h 9 9 , 9 9 9 - ------------------ —
2 5 , 0 0 0 t h r o u g h 4 9 , 9 9 9 ----------------------------10, 0 0 0 t h r o u g h 2 4 , 9 9 9 ----------------------------L e s s t h a n 1 0 ,0 0 0 ----------------------------------------

447

6 6 , 856

3
14
20
34
95
111
118
52

13, 175
1 2 ,0 0 4
1 2 ,2 2 5
8, 9 2 4
1 0 ,2 8 1
5 , 951
3, 028
1, 2 6 8

8 4 ,9 7 9

Table 2. Police and fire agreements by region and employee organization, 1972-73
E m p lo y e e o r g a n iz a tio n
A ll a g r e e m e n ts
A F L -C IO

R e g io n
A g ree­
m e n ts
T o t a l ----------------------------------------

504

N e w E n g l a n d ------------------------------------M i d d le A t l a n t i c --------------------------------E a s t N o r t h C e n t r a l -------------------------W e s t N o r t h C e n t r a l ------------------------S o u th A t l a n t i c ----------------------------------E a s t S o u th C e n t r a l --------------------------W e s t S o u th C e n t r a l ------------------------M o u n t a i n -------------------------------------------P a c i f i c ------------------------------------------------

85
72
187
22
14

E m p lo y ­
ees

A g ree­
m e n ts

In d ep en d en t

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ees

A F L -C IO an d in d e p e n d ­
e n t o rg a n iz a tio n s 1
A g ree­
E m p lo y ­
m e n ts
ees

A s s o c ia tio n s
A g ree­
m e n ts

E m p lo y ­
ees

8 4, 97 9

266

4 5 , 158

40

1, 6 6 6

6

919

19 2

37, 236

8,
26,
15,
2,
7,

664
021
815
315
410

65
25
104
10
8

6,
14,
7,
1,
5,

73 3
94 7
359
33 6
508

2
2
21
6

118
610
688
52

.

_

-

-

-

-

-

-

-

_
23
101

_
2, 4 7 3
2 2 , 281

15
39

1, 6 1 4
7, 661

-

-

-

-

-

9

198

4

668

18
45
61
6
5
8
49

1, 813
10, 464
7, 7 4 4
927
1, 67 5
85 9
13, 7 5 4

1 I n c lu d e s 2 a g r e e m e n ts c o v e r in g 307 e m p lo y e e s in v o lv in g a n A F L C IO u n i o n a n d a n e m p l o y e e a s s o c i a t i o n , a n d 4 a g r e e m e n t s c o v e r i n g 612

-

e m p lo y e e s

-

-

1

24
-

-

1
-

227
-

i n v o l v in g A F L - C I O u n i o n s a n d i n d e p e n d e n t u n i o n s .

Table 3. Police and Tire agreements by occupational group and employee organization, 1972-73
E m p l o y e e co r g a n i z a t i o n
A ll a g r e e m e n ts
O c c u p a tio n a l g ro u p

A F L -C I O
A g ree­
m e n ts

T o ta l

___ ___ _______

___

O f f i c e r s --------------------------------------------N o n o ffic e rs ( r a n k - a n d - f ile
p o l i c e a n d f i r e f i g h t e r s ) ----------------C i v i l i a n s --------------------------------------------O f f i c e r s a n d n o n o f f i c e r s ----------------N o n o f f i c e r s a n d c i v i l i a n s ----------------A l l o c c u p a t i o n a l g r o u p s --------------------




E m p lo y ­
ees

A g ree­
m e n ts

In d ep en d en t

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ees

504

84. 979

266

4 5 . 158

40

1. 6 6 6

19

3, 315

5

32 0

3

165

48
13
209
8
20 7

5 , 166
648
4 5 , 869
1, 5 8 2
2 8, 39 9

18
8
116
3
116

1, 7 7 4
353
26, 972
50
1 5, 6 8 9

5

46
_
1 ,0 7 1
79
305

A F L -C IO a n d in d e p e n d ­
e n t o r g a n iz a tio n s
A g ree­
E m p lo y ­
m e n ts
ees

-

13
2
17

6

919

A s s o c ia tio n s
A g ree­
m e n ts

E m p lo y ­
ees

-

_
_
_

_
6

919

_

3 7 .2 3 6

11
_

192

2, 83 0

25
5
80
3
68

3, 34 6
295
17, 826
1 ,4 5 3
1 1 ,4 8 6

E m p lo y e e o r g a n iz a tio n
A ll a g r
S iz e o f b a r g a i n i n g u n i t

A F L -C IO
A g ree­
m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

In d e p e n d e n t

E m p lo y ­
ees

T o t a l ----------------------------------------

504

8 4 ,9 7 9

266

4 5 , 158

U n d e r 10 e m p l o y e e s -----------------------1 0 - 2 4 ----- ----------------------------------------2 5 - 4 9 ----------------- - ------------------------5 0 - 9 9 --------------------------------------------------1 0 0 - 2 4 9 --------- --------------- -------------2 5 0 - 4 9 9 - - - ----------------- --------5 0 0 - 9 9 9 ----- - — - ------- -..........
1 , 0 0 0 - 1 , 9 9 9 --------------- -------------------2 ,0 0 0 - 2 ,9 9 9
----------------------3 , 0 0 0 - 3 , 9 9 9 — -----------------------------4 , 0 0 0 - 4 , 9 9 9 ----- ------------------ --------5 , 0 0 0 e m p l o y e e s a n d o v e r -------------

24
107
126
110
68
35
18
11
2
1
1
1

144
1, 820
4 , 366
7, 896
9 , 971
1 2 ,5 8 8
1 2 ,0 8 7
1 4 ,9 0 1
4 , 60 0
3, 2 0 0
4, 006
9, 4 0 0

11
61
59
64
34
21
9
5
1

65
1, 046
1 ,9 4 8
4 ,6 1 9
4 , 860
7 , 888
6, 072
6, 7 6 0
2, 500

1

A g ree m e n ts

E m p lo y ­
ees

9, 4 0 0

_
_

40

1 ,6 6 6

6

55
239
315
247
210

9'
16
9
3
2
_
1

192

_

190
439
26 6

_
_
_
_
_

_

-

E m p lo y ­
ees
3 7 ,2 3 6

4
29
58
41
30
13
8
6
1
1
1

24

2
2
1

“

A s s o c ia tio n s
A g ree­
m e n ts

919

1
_

_
600
_
_
_
_
_

_
_
_
_

_
_

A F L -C IO and in d e p e n d ­
e n t o rg a n iz a tio n s
A g ree­
E m p lo y ­
m e n ts
ees

2,
2,
4,
4,
5,
8,
2,
3,
4,

24
51 1
103
84 0
462
434
415
141
100
200
00 6

"

Table 5. Contract duration of police and fire agreements by government activity, 1972-73
A ll a g r e e m e n ts
C o n tr a c t d u r a tio n

T o t a l -----------------------------L e s s t h a n 12 m o n t h s ------------12 m o n t h s -------------------------------1 3 - 1 7 m o n t h s -------------------------1 8 m o n t h s -------------------------------1 9 - 2 3 m o n t h s -------------------------2 4 m o n t h s -------------------------------2 5 - 3 5 m o n t h s -------------------------36 m o n t h s -------------------------------M o r e t h a n 36 m o n t h s ------------D u r a t i o n u n d e t e r m i n e d ---------




A g ree­
m e n ts

E m p lo y ­
ees

F ir e fig h te r s
A g ree­
m e n ts

E m p lo y ­
ees

E m p lo y ­
ees

504

8 4, 9 7 9

195

4 1 , 176

254

33, 4 8 8

14
180
15
5
20
182
14
63
5
6

7, 511
2 0 , 23 3
4, 856
206
6, 471
2 0 , 739
13, 501
8, 814
1, 015
1, 6 3 3

7
67
5
1
6
74
9
21
1
4

2, 825
9, 773
1, 317
108
282
11, 3 2 4
1 1, 4 7 6
3, 111
96
864

6
87
7
4
12
96
5
33
2
2

680
604
23 3
98
914
612
025
916
63 7
769

7,
3,
5,
8,
2,
3,

C it y w i d e

S h e riffs ' d e p u tie s

P o lic e an d f ir e

P o lic e
A g ree­
m e n ts

A g ree­
m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

11

77 7

38

9 . 221

_

1
20
3

4, 006
2, 4 2 0
306

4

325

-

-

E m p lo y ­
ees

A g ree­
m e n ts
6

_

_
111

-

-

-

-

63

2
7

-

-

-

2
2

107
2 82

2
2

"

"

5
"

275
603
1, 611
'

"

-

317

2

3

-

E m p lo y ­
ees

-

-

137
-

69
-




Chapter 3. Administrative Provisions

Recognition of employee organization
Agreement approval
Union security
Dues checkoff
Management rights
Antidiscrimination clauses
Residency requirement
Political activities
Union activity provisions

Chapter 3. Administrative Provisions

Recognition of employee organization

Fire and police agreements usually opened with a
statement recognizing the employee organization as
the official representative o f the bargaining unit. This
statement was often linked to an occupational description
of those in the unit and commonly cited the specific
State law or the government agency which had the
authority to certify the organization’s majority status:
(1)

Pursuant to the provisions of the Employee Relations
Ordinance of the County of Los Angeles and applicable
State law, [the] Professional Peace Officers Association
was certified on January 29, 1970, by [the] County’s Em­
ployee Relations Commission (Employee Relations Com­
mission File No. R-22-69) as the majority representative of
County employees in the Supervisory Peace Officers Em­
ployee Representation Unit (hereinafter [called] the
“Unit”) previsouly found to be appropriate by said Em­
ployee Relations Commission. Management hereby recog­
nizes PPOA as the certified majority representative of the
employees in said Unit. The term “employees” as used
herein shall refer only to employees employed by the
County in said Unit in the employee classifications
comprising said Unit as listed in Appendix “A” attached
hereto and incorporated herein, as well as such classes
as may be added hereafter by the Employee Relations
Commission.

If the parties were unable to agree on the composition
o f the bargaining unit— an infrequent occurrence, usually
concerned with the inclusion o f supervisory with nonsupervisory employees— the matter could be submitted
to arbitration for resolution.
Agreement approval

In the public sector, the customary topics o f collective
bargaining (wages, economic benefits, personnel policies,
work rules, and working conditions) are often determined
by legislative or administrative action, as they were
before the advent of collective bargaining. Consequently,
situations can arise where the negotiated agreement
will be in conflict with laws or rules. Negotiators have
addressed themselves to this problem in several ways.
In a few instances, the parties consider the agreement
paramount should a conflict arise between administrative
rules and the contract:




(2)

The paid firefighters agree to be bound by the
Civil Service Rules and the City of Lebanon Personnel
Rules and Regulations, in that order; provided, however,
that where there is a conflict between this contract
and the above rules and regulations, this contract shall
supersede.

If contract terms conflicted with existing law, the
agreement could obligate the government employer to
seek any amendments that would be necessary to bring
the two into accord. The language could be broadly
written to cover any possible conflicts or could be
narrowly drawn to focus on a specific issue:
(3)

The City will adopt or amend such resolutions and
ordinances that may be necessary to implement the
terms of this agreement.

(4)

The Salary Procedure Ordinance shall be amended
so as to provide that all overtime performed by a sworn
police officer, sergeant, police wo men-clerk or detective
shall be compensated for at the rate of one and one-half
times the regular hourly rate of pay. . . .

Often amendment of law was complicated by the
need for a subordinate government body to seek
legislative action from the State. Provisions requiring
legislative action ordinarily would not become effective
until changes had been made:
(5)

It is agreed by and between the parties that any
provision of this agreement requiring legislative action
to permit its implementation by amendment of law
or by providing the additional funds therefor, shall not
become effective until the appropriate legislative body
has given approval.

Since legislative action or a referendum vote is outside
the control of the government’s administrative officers
at best, management could either agree to cooperate in
seeking changes in the law or remain neutral:
(6)

. . . The arbitrator’s decision shall be final and binding.
The employer shall support the currently proposed
legislation necessary, to effectuate this provision. . . .

(7)

As the City thinks the Vi widow’s continuance
provision of the Public Employee Retirement System
is a reasonable addition to the retirement program
for sworn police and fire personnel and since the
provision is beyond the City’s ability to support within
the present tax structure, the City therefore agrees to

place the Vz continuance provision on the ballot for
the next regular municipal election . . . . Representatives
of the Police Association, Federated Firefighters and the
management staff shall cooperate in composing the
ballot measure, which among other things shall contain
a reasonable explanation of the cost of the provision
and its effect upon the municipal property tax rate.
To determine the actual cost of the Vz continuance
provision, the City agrees to pay the full cost for an
actuarial survey.
The City Administrative Staff shall not take any
position either for or against a ballot measure on the Vz
continuance provision.

The Economic Stabilization Act o f 1970 and Presiden­
tial Executive Order 11615, which established controls
over wage and benefit settlements in public service as
well as private industry, acted as additional hurdles to
approval o f final agreements. Both of these terminated
in the spring o f 1974. Thirty-six agreements negotiated
during the controls period, covering 19,334 police and
fire employees (7 percent o f the agreements and 21
percent of the employees studied), contained provisions
referring to Federal approval of the settlement:
(8)

There is hereby established— contingent upon the
same being legally possible under Federal rules and
regulations relating to the current wage freeze— the
following pay plan for the Chief of Police and all
other employees of the Police Department classified under
Civil Service, and for the Fire Chief and all other
employees of the Fire Department classified under
Civil Service. The schedule outlined in Table 1 becomes
effective July 1, 1971, contingent upon the same being
legally possible under Federal rules and regulations
relating to the current wage freeze. . . .

(9)

Clothing allowance. The increase in clothing allowance
for the two juvenile officer positions and the two
detective positions will be paid into the uniform allowance
fund after Phase 1 of the current wage and price freeze
expires.

Among these were provisions which listed specific
exceptions to Federal controls for noneconomic matters
or for pay settlements antedating the imposition of
controls:
(10)

The Association agrees that authority is required
from the Cost of Living Council, either by specific
order or blanket order, except for:
[Par.] (2) (a) The salary increase up to August 15, 1971;
[Par.] (9) Residence;
[Par.] (10) Grievances;
[Par.] (11) Retroactivity-Proficiency Program.

If Federal authorities denied part of the increase,
some agreements permitted the parties to defer payment
to a time when controls were relaxed:
(11)

The wage and monetary fringe increases provided
for in this agreement shall go into effect on the date
specified only to the extent permitted by applicable




federal and state laws. If at any time during the three
hundred and sixty-five day period following the date
the increases were scheduled to go into effect, the
employer is legally permitted to grant the balance
of such increases that were to go into effect but
withheld, such increases shall be put into effect as
of that date.

In some agreements, references to Federal pay approval
were put in the form of “savings” clauses to protect
the remainder of the contract, should parts of it be
disapproved:
(12)

It is understood by the Association that this agreement
shall be subject to any condition or provision of the
price and wage controls imposed by the Federal govern­
ment. Should any provision of this agreement be declared
null and void under the terms of these controls the
validity of this agreement shall not be affected and
all other provisions shall remain in full force and effect
for the period here indicated.

Union security

In contrast to private sector collective bargaining
agreements, where union security provisions are fre­
quently found, such arrangements are not yet prevalent
in police and fire agreements. Only 33 percent o f the
agreements, covering 26 percent of the employees in the
study, contained some type of union security provision.
(See table 6.) AFL-CIO unions accounted for 67 percent
of all union security arrangements, and 18 percent
were negotiated by associations. Most of the AFL-CIO
union security clauses were in agreements of the
American Federation of State, County and Municipal
Employees (AFSCME) and the International Association
of Fire Fighters (IAFF). On a percentage basis, police
employees under AFSCME agreements were more likely
to be working under a union security arrangement than
firefighters in the IAFF.
Union security provisions were clustered heavily in
East North Central States, where 50 percent of the
agreements contained such arrangements; these covered
52 percent of the police and fire employees in the area
who were in the study. (See table 6.) A smaller cluster
was found in the New England States. Of the few
agreements in the South Atlantic States, six contained
union security provisions. All six were located in
Delaware, Maryland, or the District of Columbia.
Union security agreements appeared more frequently
in police than fire department contracts, although
those negotiated for firefighters covered more employees.
(See table 6.) This pattern has already been noted in
IAFF and AFSCME contracts.
Agency shop arrangements were the most common
both in number o f agreements and employees covered,
representing 47 percent of the union security arrange­

is the later, and must maintain membership in good
standing, as uniformly required by the Association, for
the life of this agreement and any renewal thereof.
Refusal to join the Association or to maintain member­
ship in good standing shall be grounds for dismissal. If
the Association fails to admit such an employee into the
Association membership, this shall not be cause for
his dismissal.

ments and 43 percent o f the police and fire employees
under such provisions. Union shop and maintenance of
membership arrangements followed with an equal prev­
alence:

Type o f union security

Agreements Employees

Total with union
security
arrangements . . . .

167

21,973

Union s h o p ............................
Modified union s h o p ...........
Agency s h o p .........................
Maintenance of membership.

32
25
78
32

1,490
4,446
9,375
6,662

(16)

However, union shop arrangements covered fewer em­
ployees than either maintenance of membership or
modified union shop arrangements.

Union shop. Under a union shop provision, all police and
fire employees are obligated to join the union or
association. The union shop is a strong form of union
security since all employees must join and thereafter
maintain membership or lose employment. Over 19
percent o f the union security provisions reviewed
provided for the union shop, but these covered less
than 7 percent of the employees covered by union
security provisions:
(13)

All present employees covered by this agreement shall,
as a condition of employment, become and remain
members of the union, in good standing, thirty (30)
days after the signing of this agreement.
All future employees shall be required to become
and remain members of the union six (6) months
after their appointment to the Enfield Police Department.
The employer agrees to inform all applicants to
the Enfield Police Department of this condition of
employment.

(14)

All present employees covered by this agreement
shall, as a condition of employment, become and remain
members of the union in good standing within 10 days
after the signing of this agreement. All future employees
shall be required to become and remain members within
30 days after employment. Employees who fail to
comply shall be discharged.

Union shop provisions in State and local agreements
rarely contained variations in contract language. When
they did, it was to ensure that a nonmember who
applied to the employee organization and was rejected
would not be discharged, or to guarantee that the
government employer would not be held liable as a
result o f carrying out the requirements of the provision:
(15)

All employees covered under the terms of this
agreement shall make application to join the Association
within thirty-one (31) calendar days following the date
of employee’s hire or signing of this agreement, whichever




All employees in the bargaining unit shall become
and remain members of the union for the duration of
this agreement to the extent of paying an initiation fee
and the monthly dues and assessments uniformly required
of all members as a condition of continued employment.
Present employees shall have 60 days from the effective
date of the agreement to comply with this section. New
employees shall comply with this section on or before
the termination of their probationary period.
The union agrees to indemnify and hold harmless the
City for any loss or damages arising from the operation
of this Section.

Modified union shop. Under the modified union shop,
current employees who are not union members do not
have to join the union as a condition o f employment.
However, all new employees must join within a specified
time period. The modified union shop distinguishes
between future employees, who will know in advance
that union membership will be required immediately
subsequent to employment, and current employees,
who were hired before the union achieved recognition.
Consequently, current employees are guaranteed that
they will not be released should they reject union
membership.
The modified union shop, by attrition, eventually
ensures the same result as the union shop— complete
bargaining unit membership in the employee organization.
Approximately 15 percent o f the union security agree­
ments, covering more than 20 percent of the police and
fire employees, contained provisions for a modified
union shop.
Clauses typically stipulated that current union mem­
bers must retain union membership, that new employees
must join the union, and that noncompliance would
result in separation:
(17)

All present union members shall be covered by this
agreement and shall as a condition of employment
remain members of Local 1828 in good standing thirty
(30) days after becoming regular employees. . . .
All new employees of the department shall become
and remain members of the Rumford Unit and Local
1828 thirty (30) days after becoming regular employees.
Probationary appointees shall be considered to be
regular employees of the department.
Any member of the Unit who fails to comply with
this agreement, shall be subject to discharge from the
Rumford Police Department, by the Commission within
fifteen (15) days after receipt of a written notice to the

Commission from the Chairman of the Unit, of said
members failure to comply with this agreement.

shall be required to join the union, but membership in
the union shall be made available to all employees who
apply consistent with the union constitution and by-laws.
No employee shall be denied union membership because
of race, creed, color or sex.

Agency shop. Under the agency shop, police and fire
employees are not required to join the employee
organization, but must pay a fixed monthly amount
equivalent to union dues as a condition o f employment.
The agency shop, therefore, permits nonmembership
for those opposed to joining and submitting to disci­
pline by a union. Nonetheless, all who benefit from
representation (including nonmembers) must necessarily
assume a share o f the financial burden o f collective
bargaining and contract administration. This provision
represents the most prevalent form of union security
found in police and fire agreements; a surprisingly
large number o f agency shops appeared in Michigan
agreements and thus contributed significantly to this
high prevalence. These arrangements antedated a 1973
Michigan law specifically making the agency shop a
negotiable issue.
Typical agency shop provisions required nonmembers
to pay a fee or a service charge to the union. Failure to
do so would result in severance from the job:
(18)

Any officer who does not maintain membership in
the Association during the term of this agreement,
shall, as a condition of continued employment, pay
to the Association an amount equal to the Association’s
regular fee and a monthly service charge in an amount
equal to the monthly dues and assessments uniformly
applied to the members as a contribution toward the
administration of this agreement.
Probationary officers who fail to comply with this
requirement within thirty (30) days after completion
of three (3) months of service shall be discharged by
the Commission of Public Safety. . . .

(19)

Any employee who is not a member of the associa­
tion and who does not make application for membership,
shall, as a condition of employment, pay to the associa­
tion an amount equal to the association’s regular initiation
fee and a monthly service charge in an amount equal
to the monthly dues and assessment uniformly applied
to the members as a contribution toward the administrar
tion of this agreement. Employees who fail to comply
with this requirement within 30 days from the first date
of their employment shall be discharged by the employer.

(21)

In some instances, the provision contained a justifi­
cation for the agency shop. Such provisions emphasized
the requirement that the union had to represent all
employees and that all employees must therefore assume
their “fair share” o f the cost:
(20)

The union, as the exclusive representative of all the
employees in the bargaining unit, will represent all such
employees, union and non-union, fairly and equally,
and all employees in the unit will be required to pay,
as provided in this article, their proportionate share of
the costs of representation by the union. No employee




Membership in the union is not compulsory. Regular
employees have the right to join, not join, maintain, or
drop their membership in the union, as they see fit.
Neither party shall exert any pressure on or discriminate
against an employee as regards such matters.
Membership in the union is separate, apart and
distinct from the assumption by one of his equal
obligation to the extent that he received equal benefits.
The union is required under this agreement to represent
all of the employees in the bargaining unit fairly and
equally without regard to [union membership]. The
terms of this agreement have been made for all employees
in the bargaining unit and not only for members in the
union, and this agreement has been executed by the
employer after it has satisfied itself that the union is
the choice of a majority of the employees. . . .
Accordingly, it is fair that each employee in the
bargaining unit pay his own way and assume his fair
share of the obligation along with the grant of equal
benefit contained in this agreement.
In accordance with the policy set forth [above],
all employees in the bargaining unit shall, as a condition
of continued employment, pay to the union, the em­
ployee’s exclusive collective bargaining representative,
an amount of money equal to that paid by other
employees in the bargaining unit who are members
of the union, which shall be limited to an amount of
money equal to the union’s regular and usual initiation
fees, and its regular and usual dues.. . .
If any provision of this article is invalid under
Federal law or the laws of the State of Michigan, such
provision shall be modified to comply with the require­
ments of Federal or State law or shall be renegotiated for
the purpose of adequate replacement.

The parties could also negotiate a modified agency
shop, relieving current employees from the obligation
to pay a service charge:
(22)

All permanent members of the . . . police department
shall have the right to join or refrain from joining the
association. Any employee who chooses not to join
the association (except those employees who are not
members of the association on the date of the signing
of this agreement), and who is covered by the terms of
this collective bargaining agreement shall, however, be
required to pay to the association, an amount of money
equal to the initiation fee uniformly required for member­
ship in the association, and a monthly service fee
equal to the monthly dues charged members of the
association, to defray the costs in connection with the
association’s legal obligations and responsibilities as the
exclusive bargaining agent of the employees covered
by this agreement.
In addition, any employee who chooses not to join
the association, (except those employees who are not
members of the association on the date of the signing
of this agreement), shall be required to pay any assessment

All present and future members of the Association
shall, as a condition of employment, be required to
remain members of the Association in good standing at
least to a period of thirty (30) days prior to the expira­
tion of renewal date of this agreement, at which time
employees may notify the Association and the City
management in writing that they no longer desire to
continue membership in the Association and, as to
these employees, membership in the Association shall not
be a condition of employment during the term of any
extension of the present agreement or renewal thereof.
An employee who does not elect to withdraw from
the Association during the aforementioned thirty (30)
day period shall be required, as a condition of continued
employment, to remain a member of the Association for
the term of any extension of the present agreement or
renewal thereof.

uniformly levied upon all members of the association,
in connection with costs relating to collective bargaining
and/or arbitration concerning the terms and conditions
of any proposed collective bargaining agreement. . . .

In addition to the general requirement that non­
members pay a service fee, nearly one-quarter of the
agency shop agreements obligate those joining the
organization to retain their membership— usually for
the life o f the agreement. In the following illustration,
the agency shop fee is paid to a scholarship fund
rather than to the employee organization:
(23)

All employees covered by this agreement who volun­
tarily are or who voluntarily become members of the
union in good standing following the date of signing
of this agreement or at the beginning of their employment,
shall, as a condition of their employment, remain
members of the union in good standing during the
term of this agreement. This provision shall not apply
to any employee, who, within 30 days preceding the
next ending of this agreement, shall withdraw from the
union by sending a signed withdrawal letter to the
office of the local union with copy to management.
An employee who is not or does not become a
union member shall be required as a condition of
employment to have an amount equal to the union
initiation fee and monthly dues deducted from his
wages in the same manner as checkoff of union dues.
Amounts so deducted from the wages of such employees
shall be paid to the Dr. Schnoor Scholarship Fund, to be
used for the purposes for which it is established. Such
sums shall be transmitted annually by management to
the Fund. . . .

Maintenance o f membership. Maintenance o f member­
ship constitutes the weakest form o f union security
found in the protective services since it requires only
that union members retain their membership as a
condition o f employment. Neither current nonmember
employees nor new police and fire employees are
obligated to join. Should they join voluntarily, however,
employees must remain members— usually for the
life o f the agreement:
(24)

Each employee in the bargaining unit who is a
member of the union on June 30, 1970, or who
thereafter becomes a member, shall, as a condition of
employment, remain a member of the union in good
standing during the life of this agreement.

(25)

Employees who are members of the Association
at the time this agreement becomes effective shall
remain members for the duration of this agreement,
and the City shall not honor revocation from any
member included in this provision.
Employees not members of the Association at the time
this agreement becomes effective, and all employees hired
during the term of this agreement, may at their desire
after thirty (30) days of service become members of the
Association by signing their Association application form.




Maintenance o f membership provisions could also define
“membership in good standing” so as to protect an
employee against discharge:
(26)

. . . Employees shall be deemed to be members of the
union within the meaning of this section if they are
not more than sixty (60) days in arrears in payment
of membership dues.

Dues checkoff

Checkoff provisions set forth the conditions under
which employers regularly may withhold, with the
employee’s authorization, dues owed to his bargaining
representative. These dues are transmitted monthly by
the employer to the employee organization. Checkoff
does not depend upon the existence o f a union
security provision; it is negotiated independently. In
police and fire agreements, for example, the proportions
of all agreements and all employees under checkoff
provisions far exceeded those for union security. Almost
66 percent o f the protective services agreements, covering
almost 62 percent of the employees, contained checkoff
provisions. (See table 7.) In comparison, union security
was found in 33 percent o f the agreements, covering 26
percent o f the employees.
Checkoff provisions in police and fire agreements are
most often brief statements o f the employer’s obligation
to withhold money from the employee’s pay and to
transmit accumulated funds to the union or association.
Reference is commonly made to the need for the
employee to authorize deductions, but illustrations of
the authorization form, commonly found in non­
government contracts, are rarely included in police
and fire agreements:
(27)

The County agrees to deduct the association dues
from each employee’s wages upon written authorization
by the employee. The deductions shall be made once
each month and the total of such deductions made
payable to the Association. . . .

(28)

The employer agrees to deduct the union membership
dues, each month from the pay of those employees who
individually request, in writing, that such deductions
be made. The amounts to be deducted shall be certified
to the employer by the treasurer of the union, and the
aggregate deductions of all employees shall be remitted
together with an itemized statement, to the treasurer
by the 15th of the current/succeeding month, after
such deductions are made. This authorization shall be
irrevocable during the term of this agreement:
Authorization for Payroll Deduction
B y .........................................................................................
Last Name
First Name
Middle Name
To ........................................................................................
Employer
Effective Date

........................................... ........................

I hereby request and authorize you to deduct from
my earnings, once each month, an amount established
by the union as monthly dues. The amount deducted
shall be paid to the treasurer of the union. This
authorization shall be irrevocable during the term of
this agreement.

When dues are not remitted during an extended leave
of absence, the provision may specify that the govern­
ment employer has the duty to reinstate deductions
upon the return o f the employee to duty status:
(29)

The Town agrees to deduct union membership dues
once each month from the pay of those employees who
individually and in writing authorize such deductions,
lire amounts to be deducted shall be certified to the
Town by the treasurer of the union, and the aggregate
deductions of all employees shall be remitted together
with an itemized statement, to the treasurer of the
union after such deductions are made. The union agrees
to hold the Town harmless from damages arising from
the making of authorized deductions.
These deductions will be made on the same pay
day of each month as specified by the Town and agreed
to by the union.
In the event an employee receives no pay on the pay
day on which union dues are deducted, no deduction
shall be made for that month.
When a member’s dues are not deducted by reason of
the conditions described in Section 3 of the Article or
by reason of an extended absence from the Department,
during which time he is not paid, and such member
returns to active duty, it shall be the responsibility of
the Town to reactivate the deduction of his dues.

The provision may relieve the employer o f his contractual
obligation to deduct dues if the agreement is broken
by the employee organization, for instance, by striking
in defiance of a contractual prohibition:
(30)

County agrees, upon written consent of the employees
involved, to deduct dues, as established by association,
from the salaries of its members. The sums so withheld
shall be remitted by County, without delay, along with




a list of employees who have had said dues deducted.
Should any employees within the unit with the support
of the association engage in any strike, slowdown, or
other work stoppage during the term of this agreement,
County may cease said dues deductions immediately.

Management rights

A management rights provision sets forth those
managerial functions which are reserved in whole or
in part to the employer. It represents an understanding
between the parties of matters which are completely in
management’s control and those which are shared. The
clause does not, however, stand alone. The entire
contract involves agreements between the employer and
the union on their respective rights and consequently, the
contract delineates the extent of management’s rights.
Fifty-four percent of police and fire agreements,
covering 55 percent o f the employees, included manage­
ment rights provisions. (See table 8.) Police agreements
accounted for 53 percent of the agreements, but only
45 percent of the employees covered by management
rights provisions.
Provisions took two general forms. First, there were
general statements of management’s rights, which were
broadly written to encompass all rights accruing to the
employer. Residual rights clauses, for example, reserved
to government employers those rights not specifically
modified by the contract:
(31)

In the interpretation of this agreement the City
shall not be deemed to have been limited in any way
in the exercise of the regular and customary function
of municipal management and shall be deemed to have
retained and reserved, unto itself all the powers, authority
and prerogatives of municipal management as such
rights existed prior to the execution of this agreement
with the Association except to the extent expressly
abridged by a specific provision of this agreement.

(32)

The City retains all rights it had prior to the signing
of this agreement except as such rights have been
specifically relinquished or abridged in this agreement.
The signing of this agreement shall not abridge any
employee rights or privileges to which he is entitled by
ordinance, Charter, Board Ruling, or historical practice
unless such right or privilege is specifically covered
by one or more terms of this agreement

Management’s specific rights were enumerated under the
second form. Typically, enumerated clauses contained a
list of prerogatives falling within management’s sphere
which were subject to modification by the terms of
the contract:
(33)

The City has the right and is entitled, without
negotiation or reference to any agreement resulting
from negotiating, to:
(a) Direct its employees;
(b) Hire, promote, classify, transfer, assign, retain,

maintenance of the efficiency of governmental operations;
determination of the methods, means and personnel by
which the City’s operations are to be conducted, in­
cluding the right to sub-contract; establishment and
revision or discontinuance of policies, programs, and
procedures to meet changing conditions to better serve
the needs of the public; determination of the content
of job classifications; exercise of complete control and
discretion over its organization and the technology of
performing its work; and to fulfill all of its legal
responsibilities.
The rights, responsibilities and prerogatives set forth
above are inherent in the City Council and City Manager
by virtue of law and cannot be subject to any grievance
or arbitration proceeding except as specifically provided
for in this agreement.

suspend, demote, discharge, or take disciplinary
action against any employee;
(c) Relieve any employee from duty because of lack
of work or for any other legitimate reason;
(d) Maintain the efficiency of its governmental opera­
tions;
(e) Determine the methods, means and personnel by
which its operations are to be conducted;
(D Take whatever actions may be necessary to carry out
its responsibilities in situations of emergency; and
(g) To contract or subcontract matters relating to
municipal operations, provided that such con­
tracting or subcontracting shall not be entered into
for the purpose of circumventing this agreement
(34)

(35)

It is recognized that the management of the Depart­
ment, the control of its properties and the maintenance
of order and efficiency, is solely a responsibility of the
City. Other rights and responsibilities belonging solely
to the City are hereby recognized, prominent among
which, but by no means wholly inclusive are: the
rights to decide the number and location of its facilities,
stations, etc., work functions to be performed, mainte­
nance and repair, amount of supervision necessary,
machinery and tool equipment, methods, schedules of
work, together with the selection, procurement, designing,
engineering, and the control of equipment and materials,
and the right to purchase services of others, contract or
otherwise, to enter mutual aid pacts with other communi­
ties, and expressly reserves the right to establish and
maintain rules, regulations, and procedures governing
the operation of the Public Safety Department and the
employees therein, except when limited by the express
provisions appearing elsewhere in this agreement.
It is further recognized that the responsibility for
the management of the Department, the selection and
direction of the working forces, including the right to
hire; suspend or discharge for just cause; assign; promote,
demote or transfer within the Department; and/or to
lay off employees because of lack of work or for
other legitimate reasons is vested exclusively in the City.
Provided however and unless otherwise mutually agreed
upon, all promotions shall be made in accordance
with departmental policies entitled “Promotional Proce­
dure” for a Public Safety Corporal, Sergeant and Lieu­
tenant, all of which are adopted on 11-21-66, copy of
which is attached as Exhibit I. Employees shall have the
right to process grievances with Section 8 following, if
the Association believes the City has violated this agree­
ment or its rules and regulations relating to employment.
The union recognizes the prerogative of the City to
operate and manage its affairs in all respects in accordance
with its responsibilities. The powers and authority which
the City has not officially abridged, delegated or modified
by this agreement are retained by the City. The union
recognizes that the City’s rights, powers and authority
include and are not limited to the following: Deter­
mination of the standards of services to be offered by
the Fire Department; determination of the standards
of selection for employment; direction of its employees;
the taking of disciplinary action; relieving its employees
from duty because of lack of work or for other
legitimate reasons; issuance of rules and regulations;




Antidiscrimination clauses

Antidiscrimination provisions are generally designed
to protect employees and job applicants from bias
for reasons of race, creed, color, national origin, sex,
age, marital status or union membership. Forty-nine
percent of the agreements examined included some
form of antidiscrimination clause, covering 44 percent
of employees studied. (See table 8.) Most were general
policy statements applying to both the union and
the employer:
(36)

Neither the City nor the union shall discriminate
against any firefighters on the basis of race, creed,
color, politics, ancestry, religion, national origin or
membership or non-membership in a labor organization.

Discrimination by the employee organization could
result in cancellation of the agency shop provision:
(37)

. . . No employee will be denied membership
because of race, color, creed, or sex. This agency shop
article is subject to the duty of the Wisconsin Employ­
ment Relations Commission to suspend the application
of this article whenever the Commission finds that
the union has denied an employee membership because
of race, color, creed or sex. . . .

In addition to pledges of nondiscrimination because of
union membership, clauses could specify that there
would be no discrimination in hiring and that, in fact,
employment of minorities would be encouraged. Pro­
motions might also be set forth as an area where bias
would not be permitted:
(38)

No persons employed by the City nor applicants
for City employment shall be discriminated against
because of race, creed, color, or national origin. Active
efforts shall be made to encourage applicants for City
employment in all departments from all racial, religious
and nationality groups. The City shall take steps to
assure that employment assignments and promotions
are given on an equal non-discriminatory basis. Member­
ship in the union shall be open to every employee
covered by this contract on a non-discriminatory basis.

Residency requirement

(42)

If a vacancy is to be filled from a promotional
register, the secretary shall certify to the appointing
authority the names of the five available eligibles or
25% of the total available eligibles, whichever is greater,
who stand highest on the appropriate register, subject to:
(1 )Residence preference, if there be such. . . .

A number of communities have limited government
employment to persons residing within their jurisdiction.
The practice generally dates from the 1930’s,when the
depression reduced sharply the number o f available
jobs. The policy was adopted by communities which
felt that it did not seem appropriate to hire someone
from outside the area when many local citizens were
out of work. From the end o f the second World War
until recently, government employment was expanding
in most jurisdictions; government salaries have been
somewhat low relative to private industry, and conse­
quently qualified employees have been harder to find.
The general move to suburbia has forced many com­
munities to ignore or abandon such regulations in
order to recruit and hold qualified personnel. Only 29
o f the agreements studied dealt with residency require­
ments. (See table 7.) In some instances, employees
were required to live within the employing jurisdiction:

Most residency clauses, however, had a practical and
job-related justification; that is, they required employees
to live within a convenient distance from their work
stations so that they would be available in an emergency.
These clauses applied particularly to fire fighters, who
were more likely to be called back to work than police.
In general, there are three types o f residency require­
ments involving callback. The first designated the area
in which the employee had to live, using existing
jurisdictional boundaries or highways to define residency
limit.s. The second simply required residence within a
given radius or distance from the station. The third,
and most common, defined the limits of residence in
terms of commuting time:

(39)

(43)

The employee shall be permitted to live anywhere
within the boundaries of Kilgore Road to the North,
29th Street to the East, “W” Avenue to the South,
and 6th Street to the West.

(44)

Members of the fire department can live in distance
of up to five (5) miles from the city limits, as long as
they are within the limits of the Nampa telephone
exchange.

(45)

Employees shall reside within 20 minutes of the fire
station, by way of the best possible route, under the
best possible circumstances.

Nothing contained in this article shall be construed
to alter or waive the rule that all employees of the
Bridgeport Fire Department are required to reside within
the limits of the City of Bridgeport.

Most residency rules were embodied in laws and
regulations established long before collective bargaining
came to public employees, and appeared in agreements
only when employees negotiated their removal or
prevented their initiation:
(40)

The Town agrees that for the duration of this
contract, no personnel rule shall be instituted requiring
employees of the Police Department to live within
the Town of Groton.

A broader residential base might facilitate the hiring
o f qualified personnel; nevertheless there are still attempts
to check the flight o f government personnel to the
suburbs. The agrument has been advanced that personal
involvement o f police officers in the life of the city
might enhance their dedication and thereby improve
performance. Compromise solutions designed to en­
courage but not require employees to live within the
community were found in a small number of agreements.
These limited new hiring to local citizens, although,
once employed, they were free to relocate in neighboring
communities. Other agreements granted preference in
promotion to residents:
(41)

Each new appointee to the.Fire Department must
be a resident of the Town of Stratford at the time
of such appointment. Each employee may reside in
the Towns of Trumbull or Shelton, or in the cities
of Bridgeport or Milford, provided he notifies the
Chief of the Fire Department in writing that he intends
to change his residence and where he intends to reside.




In some cases, employees were not expected to
meet the residency requirement until the termination
o f their probationary periods:
(46)

A probationary employee shall not be required to
meet the residency requirements until after six (6)
months following completion of his probationary period.
An employee’s permanent residence must be within the
area bounded by the following perimeter streets: Nine
Mile Road, John C. Lodge Expressway, Inkster Road,
West Bloomfield Road, Auburn, Opdyke, Featherstone,
Hamlin, and Dequindre Road.

Exceptions to the residency requirement could be
made, with approval, for a limited number of employees:
(47)

It is agreed that five (5) of the present members of the
Police Department may live within ten (10) miles of
the city limits. It is further provided that two (2)
additional such authorizations will be reserved for new
candidates who are added to the Force and choose
not to live within the city limits.

Several sherrifs’ department agreements contained
provisions concerning
“resident officers,” so called
because they were expected to live in a specific part
of the county:

(30)

Any employee of the Sheriffs’ Department required
by the department head to reside in a particular geo­
graphic area of the County so as to serve as a resident
officer shall receive additional compensation therefor
in the amount of $50.00 pet month. The total number
of officers so compensated shall not exceed seven (7).

Political activities

Laws and regulations restricting the political activity
of government employees have long been a part of
many merit systems. These restrictions were intended
to insulate public employees from political influence
or pressure, and thus attempt to prevent political
considerations from permeating the work environment.
While these limitations on political activity have come
under attack from some unions and from others, the
rapid growth o f the public sector has brought everincreasing numbers o f workers under them. Public
safety agreements contain a variety of provisions govern­
ing political activity. Although no tabulations were
made, presented below are illustrations o f the range of
policies adopted in collective bargaining agreements.
In some instances, all political activity was forbidden,
while in others prohibited activities were specified:
(48)

It is to the benefit of the Town to build a competent
staff of employees which will give efficient service to the
Town at all times, regardless of changes in administration.
In the interest of achieving this objective, no employee
covered by this agreement may participate actively in
any political party in any capacity whatsoever.

(49)

Improper political activities: An employee in the
service of the City shall not:
1. Continue in his position after becoming a candidate
for nomination or election of any City of Boulder
office;
2. Be a member of a political club or organization
or solicit any monetary contribution to the cam­
paign funds of any political organization seeking
to elect any candidate for City of Boulder office;
3. Act as a worker at the polls or to distribute
badges, pamphlets, nomination petitions, brochures,
or hand bills of any kind favoring or opposing
any candidate for election to a City of Boulder
office; or
4. Use one’s position, title or uniform or to allow
oneself to be used, because such employee is a
municipal employee, on behalf of any candidate
for City of Boulder office.

Additional provisions permitted employees to engage
in almost any kind of political activity so long as they
were on their own time and out o f uniform. A few
agreements even arranged for employees seeking office
to take leave, and for those elected to part-time positions
to continue on the payroll:
(50)

No Association member shall be deemed to be in
violation of any City ruling or department order by




reason of his engaging in or offering political assistance
during off-duty hours to any political candidate on the
federal, state or local level, providing such political
activity be otherwise lawful, and further providing that
while so engaged in same the member shall not be
dressed in any official uniform of the department nor
display any official department identification.
(26)

An employee may be granted up to thirty (30)
days leave without pay in order to run for an elective
governmental office.

(51)

Any member of the Fire Department who is elected
or appointed to a public office, Governmental Commis­
sion or Governmental Committee, which shall not be a
full-time position, shall be granted leave from duty
without loss of seniority or other benefits and the City
will pay, in salary, the difference between any payment
received for said salaries, if any, and the employee’s
regular salary.

Union activity provisions
Official time

Provisions concerning the conduct of union business
on official time were found in 15 percent of the
agreements. (See table 8.) Specifically, these clauses
referred to the internal affairs o f the employee organi­
zation and should not be confused either with official
time for preparation and processing of grievances, or
for negotiations, although the same clause may cover
these as well as internal activities. Three-quarters of
the provisions referring to union business permitted
the use of official time, usually with the condition
that union business not interfere with anyone’s regular
duties. Twenty-nine of the provisions permitting union
business on official time placed time limits on such
activities. The language of most of these was rather
vague referring to “proper” or “reasonable” time limits.
Other provisions were more precise:
(38)

Members shall be permitted to discuss union business
with other members during their duty hours, provided
such discussions shall not interfere with the performance
of the member’s duties.

(52)

Officers and other representatives of the union shall
be afforded reasonable time during regular working
hours without loss of pay to fulfill their union respon­
sibilities, processing of grievances, and administration
and enforcement of this agreement for contract nego­
tiating purposes, no more than four (4) persons shall
be excused from duty without loss of pay.

(53)

. . . The employer agrees to permit one (1) employee
steward and two (2) alternates for representing patrolmen,
to use up to six (6) hours in any two (2) week period,
and one (1) Command Officer to act as steward repre­
senting Command Officers, to use up to two (2) hours
in any two (2) week period, without loss of pay,

noncumulative, during his normal working hours, to
perform the duties of a steward for the union, and that
these employees names shall be filed with the Police
Chief. Such stewards may leave the post to which they
are assigned on the union business provided they have
received permission and entered on the log the time at
which they leave and return. In no event will the above
activities be permitted to interfere with the efficient
operation of the Police Department.

A more common union activity provision, appearing
in over one-fifth of the agreements, listed the functions
of the employee organizations’ stewards and other
representatives. (See table 9.) These duties could be
confined to matters involving the grievance procedure or
could extend into other activities:
(54)

The employer recognizes the rights of the employees
to designate job stewards and alternates from the em­
ployer’s seniority list.
The authority of job stewards and alternates so
designated by the union shall be limited to and shall
not exceed the following duties and activities:
(1 ) the investigation and presentation of grievances
to his employer or the designated company repre­
sentative in accordance with the provisions of
the collective bargaining agreement;
(2) the collection of dues when authorized by appro­
priate local union action;
(3) the transmission of such messages and information
which shall originate with, and are authorized by,
the local union, or its officers, provided such
messages and information
(a) have been reduced to writing, or,
(b) if not reduced to writing, are of a routine
nature and do not involve work stoppages, slow
down, refusal to handle goods, or any other
interference with the employer’s business.
The steward shall be permitted reasonable time to
investigate and present grievances on City property
without loss of time or pay, during his regular scheduled
work day, providing it does not interfere with City
operations.

(56)

The employer agrees to furnish and maintain a
suitable bulletin board in a convenient place in the
station for the use of the union. The union shall limit
its posting of notices and bulletins to such bulletin
board. Management may consult with the union for the
removal of material that it deems derogatory to the
department or its employees.

(57)

The City shall permit the union to use one bulletin
board, designated by the Chief of Police, at each
assembly area, for posting notices of union meetings
and elections, results of such meetings and elections,
and reports of union committees.
Posted notices shall not contain anything political
or anything reflecting adversely upon the City or any
of its employees. Any union-authorized violation of this
article shall entitle the City to cancel immediately the
provisions of this article and prohibit the union further
use of the bulletin boards.
Posted notices shall be on union stationary.

(58)

The Division shall provide space on a bulletin board
at each substation, Troop Headquarters and Division
Headquarters for the use of the [Association]. The
space provided shall be one-fourth of the available
space on each such board but not to exceed two by
three feet All notices shall be submitted by the Associa­
tion to the Superintendent for approval in advance of
posting. Such approval shall not be unreasonably with­
held. . . .

(59)

The employer must place a suitable glass-enclosed
bulletin board in a convenient place in each fire station
for the exclusive use of the union.
The union may post signed announcements of union
meetings, union elections, union social events, changes of
union officers, deaths, and illnesses on the bulletin
board. No material of a political or scandalous nature
may be posted.
The union shall limit its posting of announcements
and other material in the fire stations or on City
property, to the bulletin boards.

(60)

The City agrees to provide bulletin boards for the
Association’s use and erect them in locations to be
agreed upon for posting notices regarding affairs of the
Association, restricted to notices of Association meetings,
notices of Association elections, notices of Association
appointments and results of Association elections, notices
of Association recreational and social events and notices
concerning bona fide Association activities such as coop­
eratives, credit unions, and unemployment compensation
information and other notices concerning Association
affairs which are not political or controversial in nature.
Upon written notice from the City, the Association
shall promptly remove from such bulletin boards any
material which is libelous, scurrilous or in any way
detrimental to the labor-management relationship. The
City will retain ownership of the bulletin boards and in
the event the Association fails to remove materials
in violation of this article, the City reserves the right
to remove such bulletin boards.

The union shall designate a grievance committee
to serve during the life of this agreement, composed of
three (3) employees whose duties, other than their
regular duty as employees, will be to handle complaints,
grievances or disputes respecting the interpretation, intent
or meaning of this agreement in accordance with the
terms of this article. . . .

(55)

penalties for posting proscribed materials such as in­
formation derogatory to the employer:

The most common of union activity provisions
were those granting employee organizations the use of
bulletin boards for publicizing their meetings and
other activities. These were found in 40 percent of the
agreements studied. (See table 9.) Since use of bulletin
boards is a privilege extended by the employer, pro­
visions focused on restrictions governing their use;
that is, designation o f available space, definition of
material that could be posted, conditions necessitating
advance approval by management of postings, and



with the performance of the duties assigned to the
employee.

Other means o f publicity, including use o f internal
mail and public address systems, were also made
available to the union in a few instances:
(61)

Internal Mail:
Leave of absence for union business

The union may distribute literature through the
Official Fire Department Mail Service.
Vocal arm Messages:

The union may be granted permission to have un­
official messages transmitted over the Fire Department
Vocalarm System with approval of one of the following:
Fire Chief, Assistant Fire Chiefs or Deputy Fire Chiefs.

Additional clauses provided for union meetings in
department facilities and allowed union officials to
visit the workplace. (See table 9.) Both provisions
generally required prior approval by management and
prohibited interference with the normal operation of
the department:
(62)

The employer agrees to permit representatives of
the International Union, of the Union Council, and
representatives of Local 1614 to enter the premises
with regard to discussing working conditions with the
officerss and stewards, provided care is exercised by
such representatives that they do not unduly interfere
with the performance of duties assigned to employees.

The City will allow officers who are elected officials
of the AAPOA and the Police Officers Association of
Michigan reasonable time off the job with pay to
attend to business relating to their official functions.
Such time off will be granted at the discretion of the
Chief of Police upon written request received sufficiently
in advance to permit proper evaluation and replacement
consideration. Subject to sufficient advance request and
subject to manpower needs of the department, such
time off shall be approved if it concerns the following
matters:
1. External Affairs (POAM)
a. Monthly Board Meetings.
b. Special Training Seminars.
c. Annual Conferences. (5 days will be allowed
only 1 officer for the term of the contract)
d. Special Officer Maintenance Assignments of
Short Duration.
e. Annual POAM Delegates Meeting.
2. Internal Affairs (AAPOA)
a. Monthly Membership Meetings.
b. Special Committee Meetings.
c. Special Training Seminars.
d. Executive Board Meetings.
e. One (1) hour per day from 11:00 to 12:00
noon for Internal Association Affairs.

(67)

. . . Such officers and members of the union, as
may be designated by the union, shall be granted
leave from duty with full pay for union business
such as attending labor conventions and educational
conferences, provided that the total leave for all the
purposes set forth in this section shall not exceed
twenty (20) days in any fiscal year and shall be
subject to approval of the Chief for scheduling purposes.

The Division may provide meeting space to the
PBA upon written request from the President or Troop
Board member in buildings owned or leased by the
State. Meeting space shall be provided, subject to the
following conditions:
1. Suitable space is not reasonably available else­
where in the area;
2. The PBA agrees to reimburse the State for any
additional expenses incurred by the State, including
furnishing janitorial services, and any other expense
which would not have been incurred had the space
not been available to the PBA;
3. The request for the use of such space is made in
advance;
4. Such use will not interfere with Division operations.

(64)

(66)

The Association will be permitted to conduct its
regular monthly meetings and such special meetings as
may be called from time to time on City premises at
reasonable times which do not conflict with other
scheduled activities for the space involved. . . .

(63)

Provisions granting leave of absence for time spent
on union business were found in one-third of the
agreements studied. (See table 10.) Such leave was
generally of two varieties, the most common permitting
short-term leave with pay for unit representatives
attending union meetings or conventions. Most agree­
ments indicated no specific limit on the amount of
time available for such leave, but others put a limitation
on the maximum allowable time off or designated
activities for which time off was permissible:

(65)

The employer shall permit a representative of the
union (including the international union or any of its
subordinate bodies) to confer with employees during
working hours for a reasonable period of time for the
purpose of investigating an alleged grievance or matters
affecting the administration of the agreement. Before
conferring with an employee, the representative of the
union shall make his presence and the purpose of his
visit known to the Police Chief or, in his absence, to the
Police Officer then in command. The representative of
the union may confer with an employee, provided
that such conference will not interfere unreasonably




A smaller number of agreements permitted employees
elected to union office unpaid leave of absence from
their jobs. Again, limits may be placed on the amount
of leave:
(68)

A full time permanent employee who has been
elected or appointed to a public or union position' will
be granted a leave of absence without pay for a
period not to exceed two (2) years.

and where possible, to resolve differences regarding
such matters or practices. Three employees to be desig­
nated by the union shall be given up to 4 hours with pay
if scheduled to work for the purpose of attending
such bi-monthly meetings. The employer and the union
shall submit an agenda of subjects to be discussed to the
other party 3 working days prior to the scheduled
bi-monthly meeting. An absence of agenda from both
parties will result in a cancellation of the bi-monthly
meeting.
A summary of items discussed at these bi-monthly
meetings will be kept on file at the Office of the City
Manager and a copy forwarded to the Police Chief
and the president of the union.

Three agreements, covering 734 safety employees,
permitted time off with pay for union officials engaged
in negotiations and processing grievances. However,
the pay would come from employees who would pool
their earned compensatory time rather than from
disbursements made by government:
(69)

The employer agrees that employee representatives
of the unit shall be allowed to exchange compensatory
time with other employees of the unit in order to
attend grievance and bargaining sessions. Employer shall
not be required to pay for any time spent by delegated
employee representatives on grievances or in bargaining.
(72)

Labor-management committees

Nearly 10 percent of the agreements established
joint committees to deal with issues o f common
interest to the employer and the employee organization
and to improve communication between the parties:

Provision
Total ............................
Referring to labor-management com m ittees................
No reference to labormanagement committees . .

Agreements

Employees

504

84,979

49

16,143

455

68,836

Usually excluded from discussion were matters handled
through the grievance procedure. The clauses within
the agreement could vary in length and detail, as
illustrated below. Generally, provisions referred to the
scheduling o f meetings, composition o f the committee,
leave from work and compensation for representatives,
and the development of a written record:
(70)

(71)

(53)

The City and the Federation shall jointly maintain
and support a labor-management committee which shall
meet at reasonable times at the request of either
party to discuss questions of interpretation or application
of the agreement and also broader questions which
would not be subject to the grievance and arbitration
procedure.
A fire labor management committee shall be estab­
lished for the purpose of discussing at mutually agreeable
times matters of mutual concern but not to include
amendment of this agreement.
This committee shall be limited to no more than
four labor and four management members and must
meet no less than once every two months at the call of
the City Manager or the President of the Association
except by mutual waiver in writing. Any expenses
pursuant to said meetings shall be equally borne by the
parties to this agreement.
Bi-monthly during ther term of this agreement, the
employer and the union shall meet, for the purpose of
discussing important matters and personnel practices,




To insure the realization of the purpose of this
agreement as stated in Article II, there shall be a
Labor-Management Committee which shall, if requested
by either party, meet monthly to discuss matters of
mutual concern as they arise including the dissemination
of general information of interest to the parties and to
give suggestions on subjects of interest to both parties.
The purposes of such meetings shall include, but are
not limited to:
a) discuss the administration of this agreement;
b) discuss grievances which have not been processed
beyond the prearbitration steps of the grievance
procedure when such discussions are mutually
agreed to by the parties;
c) notify the union of changes contemplated by the
City which may affect members of the union;
jointly discuss the need for upgrading the current
employees in terms of providing and/or identifying
training and educational opportunities to meet
the future needs and programs of the City and
thereby reduce the likelihood of changing skill
requirements not being met by current personnel.
d) disseminate general information of interest to the
parties; and,
e) give the union representatives the opportunity
to share the views of their members and/or make
suggestions on subjects of interest to their members,
including alleged inequities in the treatment of
employees in the bargaining unit.
The above list illustrates the type of subjects to be
discussed, and is not intended to create additional
contractual liabilities. More frequent meetings may be
held when in the opinion of both parties such meetings
would serve to fulfill the purpose of this agreement as
previously stated.
The union shall be entitled to a maximum of three
bargaining unit representatives on the Committee, one
of whom shall be the Chief Steward.
Written responses promised by either party in meetings
of the Labor Management Committee will be submitted
to the top representative of the union and City who
attended such meeting within 14 calendar days; provided,
however, that the parties may mutually agree to extend
this time.
Bargaining unit representatives participating in LaborManagement meetings pursuant to this article during
working hours will not suffer loss of pay or benefits,
however this privilege shall not be abused.

The Chief of Police will make every effort to
hold monthly meetings of division personnel to discuss
major developments relating to the division which affect
all personnel and to receive comments and suggestions
regarding division operations and policies.

(74)

The employer shall make reasonable provisions for
the safety and health of its employees during the hours
of their employment. Further, the employer will provide
protective devices and other equipment necessary to
protect its employees from injury and sickness.
The employer shall subscribe to a safety committee
who shall determine safety rules and administer same.
a) The safety committee shall be composed of 1
person chosen by the employer and 1 steward
chosen by the employees.
b) The persons so named shall serve for the duration
of this agreement. They shall meet as often as is
necessary to carry out their functions.
c) They shall have the power to recommend disci­
plinary action for those employees or supervisors
who fail to act in accordance with the minimum
safety regulations.

(75)

A committee shall be formed to investigate any
complaints by members as to hazardous or unsafe
conditions of the police vehicles. Said committee shall
consist of the chairman of the Council’s Public Safety
Committee, a member designated by the union, and a
representative appointed by the Mayor. Complaints by
the members may be filed with the Committee in
writing. The Committee will make a decision, within
three (3) days, relative to a remedy for the complaint
and their decision will be acted upon by the administration
immediately.

Safety provisions

The Bureau’s review of police and fire agreements
found a variety of negotiated safety provisions, although
no data specifying distribution are available. While
the presence o f such clauses reflects the concern of
employers and employee organizations with hazards
inherent in police and fire occupations, it does not
measure the volume of safety activities in which both
parties engage. Such activities outside of collective
bargaining include support of research, participation in
meetings and symposiums, and the development and
testing of safety equipment. Collectively bargained
safety provisions can only touch upon those aspects
of safety that are susceptible to negotiation; viewed
independently, they give a very incomplete picture of
the broad participation of the parties in safety activities.
Among the matters covered by negotiated safety
provisions are safety committees, safety equipment,
crew size, and the right to “grieve” hazardous situations.
Work in inclement weather and protection during
civil disturbances were also mentioned in some provisions.
While the clauses generally do not cover all of these
subjects, the majority include more than one and in
some cases several of these items.
Safety committees, as provided for in agreements,
may consist of a union or management committee
which meets with its counterpart when necessary,
or alternatively, the committee may be organized
bilaterally. The committee may function broadly on all
safety matters or its activities may be limited to
one subject, such as the safety of police cars. In
either case, the committee usually has the power to
issue recommendations rather than act upon its own
authority. The committee might recommend discipline
if it were necessary, or it could provide remedies in
response to specific complaints:
(73)

A safety committee of 3 members of the FOP
shall meet with the Chief of Police at least once every
month to discuss and make recommendations for im­
provements of general health and safety of the employees.
The Town hereby agrees it will provide efficient and
safe equipment and material to protect the health
and safety of employees.
The above monthly meeting may be waived by
mutual agreement of the committee and the Chief
of Police.
A record of discussion at the meeting (minutes)
shall be kept and forwarded to the Board of Selectmen.




Police and firefighters are deeply concerned about
the safety of their equipment. Since modern police
and fire departments are mobile, this concern often
focuses on the cars, trucks, and motorcycles they must
use. In police contracts, use of these vehicles in
inclement weather may be regulated, and limitations
may be placed upon the total number of miles a
vehicle may be driven before it is retired. Additionally,
these vehicles may be required to contain plexiglass
protectors between front and rear seats. In inclement
weather or during evening hours when hazards increase,
provisions may require that a vehicle be manned by
two police officers:
(76)

No employee wrill drive a motorcycle or servi-cycle
when it is raining, snowing or when the temperature is
below 34°; except for the purpose of returning the
vehicle to an appropriate place of shelter on Town
property.

(77)

All parties to this agreement shall cooperate in the
enforcement of safety rules and regulations. Complaints
with respect to unsafe or unhealthy working conditions
shall be brought to the attention of an employee’s
superior officer or the Chief of Police. . . .
When weather conditions are, in the judgment of the
commanding officer or shift commander, clearly dan­
gerous, the officer in charge of the shift shall order all
cruisers to return to the station for equipping as
necessary and reassignment on an emergency basis and
each cruiser then shall be manned by at least 2 men.

(78)

Not less than 2 officers shall be assigned at any
one time after the hours of darkness to any single
complaint unit, except in the case of emergency..........
The City will afford each officer all necessary equip­
ment maintained in proper working order to protect
the health and safety of the officers. The City agrees
that no officer shall be required to use a marked, semimarked or unmarked car which has been driven in
excess of 55,000 miles. The City will use its best
efforts to replace such partrol cars as soon as they have
been driven 40,000 miles. . . .
All marked and semi-marked patrol cars will be
equipped with . . . plexiglass protectors between the
front and rear seats. . . .

Firefighter agreements may require the installation
o f protective coverings on vehicles or protective helmets
for ladder tillermen; they may also require breathing
apparatus for use in fires, safety gloves and glasses,
masks, and radiation protection. A fire safety committee
may be held responsible for inspecting equipment and
for ensuring that faulty equipment is withdrawn from
use. Available to the committee would be an appeal
procedure, right through arbitration, to grieve hazardous
situations in instances where the judgment o f the
employer and the committe differs:
(79)

(80)

Not less than 120 self-contained breathing apparatus
of the MSA type in good working order will be provided
by the City so that all members of the Fire Department
will have them at their disposal as protection from
dangerous gas and smoke that are encountered at all
fires of any consequence.
The City will see that all open cabs shall be fitted
with protective coverings so that no firefighter is required
to ride in apparatus in an unprotected uncovered area.
Firefighters thirty-five (35) years of age or older
shall be given complete physical examinations annually.
A protective helmet such as worn by Rescue & Chief
car personnel will be issued to all Ladder Tillermen, and
in addition to those items of uniform and bunker gear
provided by the City, there shall also be provided safety
gloves for all personnel.
It is recognized by the City that the job of a
firefighter is exceptionally hazardous. To reduce the
danger as far as possible the City will provide each
firefighter with modem safety equipment and accessories
including but not limited to safety glasses, masks,
radiation uniforms, helmets, gloves and any and all
other protective gear. The City will also provide all
equipment for the use of the firefighters necessary to
the efficient and safe performance of their duties.
The Safety Committee of the union shall be free
to inspect any equipment used in the fighting of fires
or other work of the Department and advise the Chief
of any faulty equipment found. Any firefighter or the
Safety Committee may call to the attention of the
platoon commander in charge the fact that certain
equipment may be dangerous to use, and the commander
shall have effective authority to remedy the situation
by withdrawal of the equipment from use or arranging
for its immediate repair. If the platoon commander




refuses to take the necessary steps to remedy the
situation, he must notify the Safety Committee of
his decision within 12 hours after the matter is brought
to his attention, in which event the matter shall be
laid before the Fire Chief. If the Chief agrees with the
platoon commander, he must so advise the committee
within 12 hours, and the union may then present the
dispute to the City Manager. Rejection by the City
Manager will justify invocation of the arbitration procedure
provided in Article XI of this agreement. Provided
however, that nothing herein contained shall require an
employee to endanger his life because of faulty equipment.

In recent years, firefighters have at times been
attacked or harrassed while going to fires or while
trying to bring fires under control. As a consequence,
two special clauses have been negotiated: One requires
bullet-proof protection on vehicles; the other requires
adequate police protection while performing fire duties
during civil disturbances. If they lack police protection,
fire units reserve the right not to enter, or to leave
a riot area when in danger:
(81)

It shall be the duty of the Fire Department to
provide a safe and sheltered place for every firefighter
to ride while responding to fires or other emergencies.
Present apparatus shall be equipped with enclosures
during the term of this agreement. All new firefighting
apparatus accepted by the Department after October 1,
1969, shall be equipped with bullet-proof lexan windows
and enclosures.
(a) Operating procedures during a civil disturbance
shall be in accordance with the emergency operating
procedures, Civil Disturbances of the Fire De­
partment, Series 1969, General Order dated July
31, 1969.

(82)

Union personnel are not to be employed in riots or
other civil disorders unless fire or fire alert is present,
and then only with adequate police protection.

(61)

The parties to this agreement recognize that during
periods of civil disturbance the Metropolitan Police
Department has benefit of intelligence as to occurrences
in areas of disturbance which is not always available
to the Fire Department. It is therefore agreed that the
employer will act to insure that the Fire Department
is notified immediately of all conditions that would
have an effect on Fire Department operations.
In the event that Fire Department Headquarters is
notified by the Police Department that police units
are withheld or withdrawn from an area due to conditions
beyond their ability to control, no Fire Department
units shall enter the area until it has been determined
by a Chief Officer of the Fire Department, that such
action is warranted.

Housekeeping and related items

Firefighters must remain on duty for long hours,
up to 24 daily. Likewise, police may be required to
spend long hours at the station or cruising in an

automobile. As a consequence, protective personnel
are concerned with their working and living conditions
and have negotiated provisions which regulate how
facilities are to be equipped. Beds and bedding may be
specified; new police cars may be required to have air
conditioning; and employees may be given a voice in
the construction and equipping o f all new facilities:
(83)

The City agrees to provide beds, clean bedding,
blankets and towels for each permanent member.

(84)

Shirt badges, sheets, pillowcases, blankets, pillows,
and flashlights and batteries may be purchased out of
clothing allowance provided uniforms and fire clothes
meet required amounts and pass inspection. Also the
cost of repairs and alterations will be covered by the
standard uniform allowance.
Mattress covers will be purchased at City expense
and laundered twice a year at City expense.

(85)

All new police cars purchased . . . will be air
conditioned.

(82)

Union personnel may submit written suggestions,
via their union officials, on all new fire facilities and
fire fighting equipment to be used by the Henderson
Fire Department.

(88)

Disputes may arise among firefighters and their
superiors over the kinds o f housekeeping, maintenance,
and repair duties that personnel are required to perform
while on duty at the station. As specified in agreements,
firefighters may not have to install plumbing and
electrical lines but may be responsible for their repair.
Also, firefighters may be responsible for the normal
cleaning of quarters and outside area (including snow
removal); otherwise work performed is necessarily re­
lated to firefighting, and types of work that may
or may not be done by firefighters are at times
spelled out in detail:
(86)

Firefighters will not be required to run new plumbing
and new electrical lines, although they will be required
to repair and replace such lines when such seems to be
necessary and does not require the use of a skilled
tradesman.

(87)

No employee in the fire fighting force shall be assigned
to any duty which is unrelated to firefighting, fire
prevention, or rescue work or to care and maintenance
of fire fighting equipment and apparatus, or to the
normal cleaning required to maintain the quarters and area.




Employees will not be responsible for the painting
or structural maintenance of the Engine House. . . .
It shall be the responsibility of the firemen at the
respective fire houses to remove snow from and sand the
vehicles and pedestrian travel areas. (Aprons and parking
areas and areas of ingress and egress to fire houses).
The Fire Department will make every effort to furnish
snow removal equipment as needed. . . .
All repairs to apparatus or motor vehicles used by
the Department, shall be performed by members of
the repair shop only. These repairs shall include the
changing of tires and batteries. . . .
With the exception of the Maintenance Division,
no employee shall be assigned to perform any duty
which is unrelated to firefighting, fire prevention, rescue,
salvage, overhaul work, care and maintenance of fire
fighting equipment and apparatus, or any other similarly
related work.

In an effort to reduce costs, some communities have
proposed and in some instances have effected a con­
solidation of police and fire services. Under such
arrangements, personnel are merged into one agency
and handle police as well as fire duties. Such a merger
is vigorously opposed by the International Association
of Fire Fighters (AFL-CIO) on grounds that only
professional firefighters are qualified to fight fires,
and that those who are any less qualified would
endanger themselves as well as others. In rare instances,
the IAFF has succeeded in negotiating a clause which
stipulates that no firefighters will perform police duties,
thus forestalling a step that might eventually lead
to full consolidation:
(89)

The duties of the members of the Anchorage Fire
Department shall be the prevention and suppression of
fire, the operation of the Fire Prevention Bureau, the
Ambulance Division, the Fire Alarm Division, the Fire
Apparatus Repair Division, and the Division of Training
within the Fire Department, as presently set forth in the
Rules and Regulations of the Anchorage Fire Department.
The City agrees that members of the Fire Department
shall not be required to perform work normally performed
by members of another union or another city department
except where danger to life and property exists. The
City agrees that no member of the Fire Department
will be required under any circumstances, to perform
law enforcement duties or duties in connection with
riot control or crowd dispersal.

E m p lo y e e s

A g re e m e n ts

S o le
b a rg a in in g

W ith u n io n s e c u r i t y
a rra n g e m e n ts

A ll a g r e e m e n ts
E m p lo y e e o rg a n iz a tio n

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

504

167

21, 973

337

63. 006

45, 158
1, 6 6 6
919
37, 236

112

15, 9 8 9
1, 306

154
16

6
192

8

6

161

2 9 , 169
360
91 9
32, 558

504

T o t a l ---------------------------------------------------

8 4. 9 7 9

266
40

A F L - C I O ------------------------------------------------------I n d e p e n d e n t --------------------------------------------------A F L - C I O a n d i n d e p e n d e n t ------------------------A s s o c i a t i o n s ------------------------------------------------

84, 9 7 9

167

21, 973

337

63. 006

664

33

26, 0 2 1
15, 815
2, 315
7, 4 1 0
2 , 47 3
2 2 , 281

12

3, 183
4, 441
8 , 16 4
16
3, 691
15 8
2, 320

52
60
93

8,

85
72
187

N e w E n g l a n d ------- ------------ ---------------------M i d d le A t l a n t i c -------------------------------------------E a s t N o r t h C e n t r a l ------------------------------------W e s t N o r t h C e n t r a l ------------------------------------S o u th A t l a n t i c ----------------------------------------------E a s t S o u th C e n t r a l --------------------------------------W e s t S o u th C e n t r a l ------------------------------------M o u n t a i n -------------------------------------------------------P a c i f i c -----------------------------------------------------------

22

14
-

23
101

24
-

4, 67

31

94
1
6

-

5
16

5,
21,
7,
2,
3,

481
580
651
29 9
71 9
2, 315
19, 961

21
8

18
85

Table 7. Dues checkoff, management rights, antidiscrimination, and residency requirement provisions in police and fire
agreements, 1972-73
A ll a g r e e m e n ts

D ues c h e c k o ff

M an a g em en t rig h ts

R e s id e n c y r e q u ir e m e n ts

A n tid is c rim in a tio n

G o v e rn m e n t a c tiv ity
A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
T o ta l —

-

-

-

-

— -

-

504

NOTE:

N o n a d d itiv e ,

8 4 .9 7 9

330

5 2 .2 9 1

270

4 7 . 08 1

248

3 7 ,5 1 1

29

4 ,7 1 5

195
254

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ------------------------------C i t y w i d e -----------------------------------------------

4 1 , 176
3 3 ,4 8 8
777
9 , 221
317

129
158
7
32
4

2 0 ,2 7 3
2 3 ,7 6 2
217
7, 780
259

104
142

1 8 ,4 4 1
2 1 ,3 4 5

1 8 ,9 1 0

15
13

3 ,6 0 3
1, 063

1

11

18
5

6 ,9 9 3
291

95
126
5
18
4

.

„
49

11

38
6

A g r e e m e n ts m a y c o n ta in m o r e th a n

1 5 ,6 8 9
132
2 ,5 3 8
242

_

_

1

p ro v is io n .

1

Table 8. Official time for union business in police and fire agreements, 1972-73
R e fe r r in g

G o v e rn m e n t a c tiv ity

Em ­

p lo y e e s

A g ree­
m e n ts

T o t a l ------------------------------

50 4

8 4 ,9 7 9

73

F i r e f i g h t e r s ----------------------------P o l i c e ---------------------------------------P o l i c e a n d f i r e -----------------------S h e r i f f s ' d e p u t i e s -------------------C i t y w i d e ------------------------------------

195
254

4 1 , 176
3 3 ,4 8 8
777
9 , 221
31 7

37
32




11

38
6

on

o ffic ia l

t im e

P e rm itte d

1

3
“

P ro h ib ite d

No tim e lim it
s p e c if ie d
A g ree­
Em ­
m e n ts
p lo y e e s

T o ta l
A g ree­
m e n ts

bu s i n e s s

to u n io n

A ll a g r e e m e n ts

Em ­

p lo y e e s

T im e l i m i t s p e c if ie d
A g ree­
m e n ts

T im e li m i t v a g u e
A g ree­
m e n ts

Em ­

p lo y e e s

Em ­

p lo y e e s

A g ree­
m e n ts

Em ­

p lo y e e s

14, 084

25

4, 740

6

1,

812

23

4 , 140

19

3 ,3 9 2

, 629
7, 3 0 0
34

15

3
3

11
11

922

_

_
_

1, 155
657

.

3 , 939
801
.

8
8
1
2

613
2 , 697
34
48

“

“

-

6

121

"

10

_

_
_

_
1

“

3 , 145
73
-

-

U n io n m e e t i n g s in
g o v e rn m e n t fa c ilitie s

A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity

B u lle tin b o a r d s

S te w a r d f u n c tio n s
liste d

V is ita tio n r ig h ts

A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
----------------------------------------

504

84. 9 7 9

51

9, 4 4 9

20 3

36, 251

61

19. 826

107

2 1 , 311

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

195
254

4 1, 176
33, 4 8 8
777
9 , 221
317

32
17

3, 733
3, 9 7 6

1 1, 7 7 4
7, 689

11

16, 741
17, 0 6 4
156
2 , 002
288

23
32

1
1

81
99
4
15
4

3
3

183
180

31
54
4
15
3

6 , 727
9, 30 4
169
4, 931
180

T o ta l

NOTE:

11

38
6

1, 72 9

_

_

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n o n e p r o v is io n .

Table 10. Leaves of absence for union business in police and fire agreements, 1972-73
U n io n b u s i n e s s
A ll a g r e e m e n ts
T o ta l

G o v e rn m e n t a c tiv ity

P a id le a v e

U n p a id

A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
----------------------------------------

504

84, 9 7 9

170

31, 170

101

18, 695

80

12, 99 2

F i r e f i g h t e r s --------------------------------------P o l i c e -------------------------------------------------P o l i c e a n d f i r e ---------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

195
254

4 1 , 176
33, 4 8 8
777
9 , 221
317

81
71
3

17, 03 3
12, 9 9 3
135
914
95

56
41

9 , 377
9, 1 0 2
107
109

28
35
3

7, 881
4, 061
135
820
95

T o ta l

11

38
6

N O T E : N o n a d d itiv e . S o m e a g r e e m e n ts m a y c o n ta in b o th p a id
a n d u n p a i d l e a v e f o r u n io n b u s i n e s s .




12

3

2
2

•

11

3

Chapter 4. Wage Provisions and Allowances




Wage surveys
Wage adjustment provisions
Longevity pay
Parity provisions
Shift differentials
Holiday premium pay
Special duty and skill premiums
Uniform allowances
Automobile allowances

Chapter 4. Wage Provisions and Allowances
Wage surveys

In private employment, labor and management deter­
mine their own wage demands. In arriving at such a
decision, the parties may incorporate surveys o f compara­
ble jobs or companies within the same area or industry.
An accord reconciling their conflicting positions is
subsequently reached at the bargaining table; the parties’
separate surveys o f wages may or may not play a major
role. On the other hand, in some State and local
governments wage surveys of comparable cities, usually
within the same area, may be required by law, with
collective bargaining having little impact. The spread of
collective bargaining, however, has increased employee
organization participation in wage surveys. In a few
protective services agreements, this role has been set
forth in varying detail:
(90)

(91)

Commencing July 1, 1973, the salary ranges for Fire
Department personnel shall be further adjusted by moving
the City’s ranges to the average of the ranges found in
the local jurisdictions as of April 1, 1973. The local
jurisdictions are defined as the counties of Ventura and
Santa Barbara and the cities of Oxnard and Santa
Barbara. The ranges shall be determined by using the
“E” step of the City’s ranges and the “E” step of the
local jurisdictions . . . .
The local jurisdictions, rather than certain cities in
Southern California within ten thousand population of
Ventura, shall be used as a basis for the 1975-76
salary and fringe benefit survey.
It is mutually understood and agreed that the following
standard procedures and processes shall be followed in
establishing salaries and wages as required herein:
(a) The salary or wage rate for each comparative city
used in the computation of the average rate shall
be the formally approved top step rate for the
employment position classification which is the
same as, or involves substantially similar or com­
parable duties, as the employment position clas­
sification for which salary and wage rates are
being established.
(b) The salary or wage rate for each comparative city
used in the computation of the average rate shall
be the rate scheduled to be effective for a period
of at least the first 90 days after July 1 for the
year in which the computation is made; provided,
however, that any scheduled salary or wage rate




shall be used in the computation if it has been
formally approved and is scheduled to become
effective prior to September 30 of such year.
(c) Salary or wage rates of all comparative cities
shall be included in the computation of the
average rate, except those comparative cities in
which there is a current dispute still in progress as
of July 15 as to such salary or wage rates upon
which that city’s city council has not acted;
provided, however, that in no event shall fewer
than eight comparative cities be included in the
computation of the average rate.
(d) Collection of salary and wage rate data shall be
made by management officials and such data and
required computations shall be made available to
the parties hereto prior to July 30 of each year. In
the event that salary and wage rates have not
been formally approved by at least eight compara­
tive cities, and the required computations have for
that reason not been made by management by
July 30, then in that event only, such data and
required computations shall be made available to
the parties hereto within fifteen days after the
salary and wage rates for eight comparative cities
have been formally approved.

Wage adjustment provisions

The duration of police and fire agreements is suffi­
ciently lengthy to require some adjustments during the
contract term to safeguard employees from failing to
keep abreast of changes in the cost-of-living. When there
are periods of inflation, as in recent years, wage
adjustment provisions become especially critical. Longer
term agreements in the protective services, like other
government and private industry contracts, provide,
therefore, for adjustments through deferred wage in­
creases (the most frequent means of modifying wages),
agreement reopeners, and escalator clauses. (See table
11.) These provisions may appear singly or in com­
bination.
Deferred increases provide for wage improvements at
specified dates during the life of the agreement. These
were found in half the contracts, covering three-fifths of
the police and firefighters in the study. Contracts
usually specified the date on which the increase would
go into effect, setting forth the raise in money terms:

(92)

Commencing on July 1, 1972 the City shall grant an
increase of $1,248 at the “F” step for patrolmen,
corporals, detectives and sergeants with rates above and
below that set according to existing differentials.
Commencing July 1, 1973 the City shall grant an
increase of $1,000 at the “F” step for patrolmen,
corporals, sergeants and detectives . . . .

Other agreements listed the wage schedule to go into
effect at later dates, reflecting the change for each
classification and each step in a rate range:
(78)

manpower standards for such new fire station. Either
party wishing to reopen the contract for this purpose
must so notify the other party in writing. Within five (5)
days after receipt of such notification by either party, a
conference shall be held between the Town and the
union negotiating committee for the purpose of nego­
tiating such manpower standards.
(94)

In the event that legislation is enacted which permits
public employers and employee organizations to enter into
collective negotiation agreements providing for employee
organization security of a type commonly known as
“agency shop” or in the event the New York Court of
Appeals removes the legal impediments to such form of
employee organization security and in the event a sub­
stantially sized political subdivision of New York State
enters into such an agreement, then CSEA shall have the
right, prior to June 1, 1972, to reopen contract negotia­
tions with the State solely to seek establishment of an
agency shop provision permissible in accordance with
law. All other provisions of this agreement will remain
in full force and effect during the course of any such
reopened contract negotiations.

(95)

In the event of war, declaration of emergency,
imposition of civilian wage controls by the U.S. Govern­
ment during the life of this agreement, either party may
reopen the same upon thirty (30) days written notice
and request renegotiation of matters dealing with wages
and hours. Upon the failure of the parties to agree in
such negotiations, either party shall be permitted all
lawful economic recourse to support their request for
revisions. If governmental approval of revisions should
become necessary, all parties will cooperate to the utmost
to attain such approval. The parties agree that the notice
provided herein shall be accepted by all parties as
compliance with the notice requirements of applicable
law so as to permit economic action at the expiration
thereof, provided, however, that such findings shall
have no effect whatsoever on the balance of this
agreement.

The following are the basic annual rates of com­
pensation for bargaining unit members for the term of
this Agreement.
Effective
July 1, 1973
Patrolman-start
After 1 year
After 2 years
After 3 years
Corporal and
detective
K-9 Officer
(over base salary)

Effective
July 1,1974

$10,000
10,990
12,300
14,100

$10,500
11,750
13,200
15,100

14,900

15,900

400

400

Reopeners, second most frequent among the adjust­
ment provisions, state the time or the circumstances
under which the contract may be reopened for negotia­
tion. Usually reopenings are restricted to wage or other
economic issues, and the agreement as a whole is not
subject to renegotiation. Over one-fifth of agreements,
covering an equal proportion of employees, permitted
such limited bargaining during the life of the contract
(table 11):
(74)

Except as specifically set forth above upon 30 days
advance written notice prior to October 1, 1973 and
1974 by either party the employer and the union
agree to negotiate wages only for the Police Depart­
ment.

In several instances the parties did not establish a
fixed date to reopen the contract. Exactly when, and
if, the contract would reopen depended upon specified
occurrences; for example if other employee groups
obtained wage increases, if a new facility opened
requiring bargaining over manning, if a new law allowed
negotiations of new items, or if an emergency developed,
such as a war or imposition o f controls:
(93)

(41)

For the duration of this contract, it is agreed by
both parties, that if any other union contracts in the City
of Ithaca provides for compensation greater than pro­
vided in this agreement, this contract shall be immediately
re-opened for salary negotiations . . . .
If and when the Town announces firm plans to place
in operation a new fire station after the effective date of
this contract, this contract may be reopened at any time
thereafter for the limited purpose of renegotiating the




Escalator clauses, the least prevalent of the adjustment
provisions, tie wage levels to changes in the cost of
living. Their relative rarity among police and fire
agreements may be attributable to the reluctance of
public officials to commit themselves to imprecise
salary changes which are difficult to provide for in the
budget. Escalator clauses typically call for a review of the
cost of living on given dates. If the consumer price index
increases, then wages are raised, usually in proportion to
the increase. Often, a floor is put underneath wage
levels. If the index decreases, pay usually is not lowered:
(90)

Commencing July 1, 1974, salaries for all Fire
Department personnel shall be further adjusted by adding
a cost-of-living increase based upon the percentage change
from January 1973, to January 1974, in the Consumer
Price Index (All Items) of the Bureau of Labor Statistics
for the Los Angeles-Long Beach area. In the event the
Consumer Price Index should decrease salaries shall
remain the same.

(96)

If the Index (Detroit CPI) of May 1974 is 2.0% greater
than the Index of May 1973 then a factor in the total
amount of $78.00 shall be added to the base pay for the
fiscal year commencing July 1, 1974. If this same Index
is 4.5% greater than the Index of May 1973 then a factor
in the total amount of $182.00 shall be added to the
base pay for the fiscal year commencing July 1, 1974.
In addition to the factors set forth above should the
Index of May 1974 be more than 9.0% greater than the
Index of May 1972 then an additional factor in the total
amount of $104.00 shall be added to the base pay for the
fiscal year commencing July 1, 1974.
Any factor added pursuant to the foregoing shall
continue for the life of this agreement.

Longevity pay shall be earned on the employee’s
full-time anniversary hiring date. Longevity is to be
determined on the basis of total years of continuous
full-time service in Town employment in any position.
(98)

Longevity pay

Longevity pay, or continuous service bonus, is an
annual lump-sum payment granted to employees who
have reached specified levels of continuous service. It is
often a graduated payment, increasing with length of
employment. Rarely found in private sector agreements,
longevity pay provisions cover more than half the
employees studied and are found in slightly less than
half the agreements in the protective services. (See table
12.) More than two-thirds o f the firefighters studied
fell under contracts with continuous service bonus
arrangements.
The high frequency of longevity pay in police and
fire contracts relative to private sector agreements is in
part attributable to the semimilitary nature of the
uniformed services. As in the military services, both
police and fire departments offer limited opportunities
for advancement. Specifically, police and firefighters
quickly attain the journeyman level and thereafter may
remain at that position for a lengthy period of time
before promotional opportunities develop. Longevity
pay, therefore, tends to provide a rather limited econo­
mic differential to long service employees.
Provisions may stipulate continuous service bonuses
in dollar amounts or as a percent of annual salary. If
percentages are used, limits may be placed on the base
of computation:
(97)

Longevity pay for the term of this agreement shall be
paid as follows:
Total Annual Longevity
Pay
Continuous Years o f
Full-time Service
6 years but less than
10 years
10 years but less than
15 years
15 years but less than
20 years
20 years or more




F Y 1972/73
F Y 1971/72 F Y 19 73/74
$125

$150

175

200

250
350

275
375

Longevity payment schedule:
Continuous Service
5 or more and less than 10
years
10 or more and less than 15
years
15 or more and less than 20
years
20 or more years of
continuous service

2% of annual base wages
4% of annual base wages
6% of annual base wages
8% of annual base wages

The maximum amount of an employee’s salary which
is subject to longevity computation shall be limited
to $12,000.00.

Related to longevity pay are in-grade increases which are
provided after substantial service requirements have been
met:
(99)

Advancement to the two time in-grade steps of a
classification shall be automatic after 5 and 10 years at
the maximum rate of employees classification, based on
the calculations beginning after October 1, 1957.

Parity provisions

Parity between police and firefighters’ wages has at
times been a sensitive issue for municipal executives.
Historically, there has been equality in pay in the
protective services, according to the International Associa­
tion of Fire Fighters (AFL-CIO). In part the union has
tried to justify continued parity by disseminating safety
statistics showing that firefighting is more hazardous
than police work. The IAFF asserts that in recent years,
however, parity has been eroding and pay differentials
are appearing in favor of the police. The rise of these
differentials probably is in part a result of the public’s
sensitivity to rising crime rates, which in turn have
caused expansion and modernization of police services.
In the present study, references to parity have been
found in about 6 percent of the agreements covering
11 percent of the employees studied. (See table 12.)
Most parity references pertained to firefighters„ but
some involved police, usually with respect to parity on
nonwage items. The relative infrequency o f references to
parity understates the extent to which it is an issue in
negotiations, since parity questions may in fact be
resolved within a negotiated salary schedule which
makes no reference to parity.
In parity provisions, while differences in wage levels
are not always eliminated, only a narrow margin of

difference may be permitted. Or, wage changes can be
made at the same rate to retain the dollar difference.
Note in the first illustration a differential for police is
stipulated, and in the second an existing differential
for firefighters is retained:

Shift pay provisions normally establish the hours for
which shift premiums shall be paid and set the premiums
as a money amount. The money amount can be further
defined as cents per hour or as a lump-sum addition to
annual base pay:

(100)

. . . police officers and police sergeants shall be
entitled to a salary of not less than Two and One-Half
Percent (2V2%) above the comparable grade of personnel
in the Fire Department.

(104)

(101)

In the event that there is established for fiscal year
1972-1973 or 1973-1974 different wage increases for
non-civilian employees or officers of the Lansing Police
Department, than are herein provided, the wage increases
provided herein shall be adjusted to conform thereto, so
as to maintain the existing dollar differential for all
corresponding ranks in the police and fire department.

Employees working the afternoon shift shall be
paid $.12 per hour. Employees working the midnight
shift shall be paid $.18 per hour. Any member of the
Trenton Police Department covered by this contract
shall receive the shift differential applicable for working
hours prior to or beyond his regular shift. For the
purposes of this section, the day shift shall be from
7:00 a.m. to 3:00 p.m.; the afternoon shift from 3:00 p.m.
to 11:00 p.m.; and the midnight shift from 11:00 p.m. to
7:00 a.m. The 7:00 p.m. to 3:00 a.m. shift shall receive
the shift differential applicable for hours worked during
afternoon and midnight shift.

(48)

There shall be added to the annual base pay of each
employee who regularly works on a schedule of three
different shifts, the sum of $120.00. There shall be
added to the annual base pay of each employee who
regularly works on a schedule of two different shifts the
sum of $60.00. This shift differential pay shall not be
used in the computation of any holiday or overtime pay
or affect the daily or hourly rate of any such employee
and shall not be used in any manner in the computation
of pension or other fringe benefits. The shift differential
pay shall be paid bi-annually on the first pay period in
December and the last pay period of the fiscal year.

Parity may extend to neighboring jurisdictions and may
include benefits other than wages:
(102)

Notwithstanding anything herein contained to the
contrary as it relates to the salary schedules herein
before delineated, the salaries of the members for the
period July 1, 1975 up to and through June 30, 1976,
shall be and become equal in their respective schedules
and classifications to such salary benefits as are paid
on a complete parity basis with the Nassau County
Police Department. By definition it is intended that the
members and the employees of the Long Beach Police
Department shall receive the same salary as the Nassau
County Police of equal rank .. .
(103)
If any disparity concerning dollar-for-dollar benefits
between the uniformed forces occurs during the lifetime
of this agreement, the City agrees that the dollar-fordollar benefit structure for members of the union shall
be immediately opened and corrected and such benefits
shall include uniform allowances.
This article shall be maintained except for any fringe
benefits which this unit would prefer to that accorded
the other uniformed force provided that the total cost
is approximately the same.

Shift differentials

Police and fire units of necessity operate 24 hours a
day in order to maintain protection of the community.
To equalize the burden o f late shifts, firefighters and
police ordinarily operate on rotating schedules. Any
special compensation for late work may therefore be
added to the employee’s regular wage schedules, rather
than separated out as a special differential. This probably
accounts for the small proportion of police and fire
agreements (13 percent) which specify payment of shift
differentials. (See table 13.) The proportion o f employees
covered by shift premiums (23 percent) is roughly
twice the proportion of agreements having premium
provisions because one agreement, that o f the New
York City Fire Department, accounts for 9,400 o f the
22,000 employees covered by such arrangements.




In a number of instances, the contract presents brief
statements declaring that shift differentials are included
in base pay, or that they shall continue to be paid as in
the past; operating rules, method of pay, or amount of
premium are not specified.

Holiday premium pay

Premium pay for work on holidays was found in
only a small proportion of the agreements (21 percent),
most often in agreements covering police personnel
(See table 13.) Again, compensation arrangements for
holiday work antedated collective bargaining and they
are likely to be part of administrative pay rules outside
the agreement. Therefore the true incidence o f premium
pay is likely to exceed by a significant margin the
proportion found in collective bargaining agreements.
Holiday premium rules were either contained within
the framework of the holiday clause, or were accounted
for in overtime provisions specifying the conditions
governing disbursement of premium pay. Payment could
be awarded in additional pay or in compensatory
time off:
(105)

Deputy sheriffs and other officers, who of necessity,
must work on holidays, shall receive time and one-half in
addition to their regular pay.

(106)

By mutual agreement between the Fire Chief of the
Village and an employee, compensatory time off may
granted for holidays in lieu of pay. This holiday pay
shall be paid in one lump sum, in the first pay period
in December, at the rate of 12 hours per day . . . .

(110)

Special duty and skill premiums

Extra payments were made to protective service
employees for work performed under a variety of
circumstances or for which special skills were required.
While police and fire duty is normally hazardous,
certain work and certain skills were deemed more
hazardous than those usually required. Therefore, extra
pay was provided. This could apply to motorcycle
officers, helicopter pilots, divers, and bomb squad work:
(107)

Arrangements may also be made for extra allowances
to employees required to reside in remote areas within
the jurisdiction:
(111)

Any sworn officer of the Police Department, when
assigned to motorcycle officer service, shall during the
period of such assignment, receive, in addition to his
regular monthly compensation, compensation at the
rate of seventy-five dollars ($75) per month for extra
hazards involved.

(42)

Hazardous duty pay in addition to regular pay shall
be granted to certain employees in accordance with the
following schedule:
(a) Helicopter Pilot
$25/month
(b) Diver
$25/month
The Guild reserves the right to open this agreement
with respect to pay and working conditions of members
assigned to the “bomb squad” at such time as such a
function is initiated by the City.
[NOTE: Subsequently given$50/month.]

Skill with firearms might result in a bonus. Also
employees who are required to carry a gun during off
duty hours may be compensated with an annual lump­
sum payment:
(108)

Employees . . . who are required by job assignment to
carry and be proficient in the use of sidearms shall be
paid a marksmanship bonus on the basis of achievement,
pursuant to rules promulgated by the City Manager.

(109)

During the term of this agreement each employee
shall receive a gun allowance to be paid by December
10th for the requirement of carrying a gun off duty
during the preceding fiscal year with such payments to be
as follows:
By 12-10-71
for the period
12-1-70
through
11-30-71
$240

By 12-10-72
for the period
12-1-71
through
11-30-72
$300

By 12-10-73
for the period
12-1-72
through
11-30-73
$365

Travel time and other transportation expenses may be
paid where duty takes protective service employees
outside the government’s jurisdiction:




1. Wherever members of the MPPA are required to
perform police duties outside of the territorial limits of
the City, the provisions of Wisconsin Statute 66.314,
entitled, “Police, Pay When Acting Outside County or
Municipality,” shall govern.
2. Whenever the City contemplates a contractual
agreement with a third party for police services utilizing
members of the MPPA and such police services are not
subject to the provisions of paragraph 1 above, the
terms of any such agreement involving wages, hours of
work and conditions of employment shall be subject
to negotiations with the City of Madison.

[ Resident deputies in ]
Everson: To be furnished with trailer space and
hookups and to receive $35.00 per
month in addition to the regular monthly
salary.
Deming: To be paid $35.00 per month in addition
to regular monthly salary.
Point Roberts: To be furnished mobile home
trailer plus water service.

Uniform allowances

More than 60 percent of the agreements studied
included a clause providing employees with uniforms,
maintenance of uniforms, or both (See table 14.)
In most instances, however, maintenance was the em­
ployees’ responsibility. Although police agreements were
more likely to contain a clause providing or replacing
uniforms, a greater proportion of firefighters were
covered by such arrangements. The prevalence of uni­
form allowances is probably understated in this study;
in fact the practice is far more widespread than would
be indicated by the number of such provisions.
Uniform allowance provisions typically stipulated the
amount of the payment, and often differentiated be­
tween sums allocated for the purchase of clothing
and those for their cleaning and maintenance. Occasion­
ally .the provisions indicated when payments were to be
made. Further stipulations were made regarding civi­
lian attire for plainclothesmen and presentation of
receipts for reimbursement:
(112)

All sworn, regular law enforcement and corrections
officers hired on or after January 1, 1974, shall be
furnished uniforms and equipment. Employees as described
herein hired prior to January 1, 1974, shall be furnished
all replacement items of uniforms and equipment on an
as needed basis.
There shall be no clothing allowance paid in 1974 to
uniformed personnel except that officers assigned to
plainclothes duty shall be eligible to receive a one

will remain County property and separating employees
hundred and fifty dollars ($150.00) clothing allowance
payment per annum. Plainclothes personnel who are
will be required to return all uniforms to the Sheriff.
(d)
The County will provide cleaning of uniforms for
uniformed personnel of the department and it is under­
stood that the individuals will not abuse this privilege by
requesting excessive cleaning.

transferred to a “uniform” status shall be required to
have one (1) complete uniform at their expense and will
become eligible to receive clothing benefits as described
in (a) above. Deferred clothing allowance payments shall
be pro-rated in the event of a change in status. (Plain­
clothes to Uniformed and vice versa.)
A fund of $1,000 will be maintained for the 1973
period of this agreement only, for the repair or replace­
ment of clothing damaged in the line of duty.
(113)
A uniform allowance of $15.00 per month is to be
paid by the City to members of the Detective Bureau
for the purpose of maintaining civilian attire . . . .
Patrol officers shall be furnished with all required
equipment with the exception of regular uniform shoes
or boots, undergarments, service revolvers and hand­
cuffs. Regular replacement articles shall be provided
as necessary for wear or damage or loss occurring while
in the performance of duties. Upon approval by the
Police Chief, personal, conforming equipment may be
used by individual employers if desired in lieu of use
of City property.
(114)

Employees may receive up to $250.00 for the pur­
chase of clothing by presenting to the City Clerk a
clothing order furnished by the police department,
attached to a voucher.
Payment of the cleaning and repair allowance shall be
made in two installments, one on April 1st and the other
on July 1st of each year. In the event no clothing pur­
chase order is presented to the City Clerk before
April 1st, the total cleaning and repair allowance up to
$100.00 shall be paid to the employee on July 1st.
Employees must submit paid receipts for such cleaning
and repairs up to the aforesaid maximum of $100.00
per year.
Any employee who is required to maintain two (2)
uniforms shall be entitled to receive an additional
allowance of $50.00 per year as a clothing purchase
allotment. This provision does not refer to seasonal
uniforms but is intended to apply to personnel who are
assigned to the detective bureau, the juvenile bureau,
and lieutenants who are required to wear street clothing.

Some provisions included arrangements for furnishing
uniforms to women employees and other equipment to
all personnel. An employee had the option of utilizing
the cleaning service provided by the agency in lieu of
accepting a clothing allowance for this purpose. All
uniforms and equipment remained government property,
and were to be returned upon separation or retirement:
(115)

(a) . . . January 1, 1974, through December 31, 1974,
non-uniformed officers will receive a clothing and cleaning
allowance at an annual rate of $225, payable in install­
ments of $112.50 in June 1974, and $112.50 in
December, 1974.
(b) All guns, uniforms and equipment supplied by the
County will remain County property and separating
deputies will be required to return all uniforms and
equipment to the Sheriff.
(c) Uniforms will be furnished for female employees
of a type required by their job assignment. All uniforms




(116)

(D)

(E)

Clothing Allowance
1. A clothing allowance of $250 shall be
credited annually to each officer’s account
on July 1st. The unused portion remaining
in the account shall be cumulative.
a. Confirmed officers permanently leaving
the department for any reason shall
return to the department all clothing,
leather goods and departmental property.
b. A flat one-time uniform allowance of
$100 shall be credited to the account of
any officer promoted to a new bureau,
or any officer transferred to a new
bureau where a major change of clothing
is required. This will not apply for
training assignments of 90 days or less.
Cleaning Allowance
1973-74
A yearly cleaning allowance of $200 will be
paid for sergeants and $250 for lieutenants
and above. Allowance will be paid in July.

Automobile allowances

Almost 9 percent of the agreements, covering 22
percent of the workers studied, provided automobile
allowances. (See table 14.) Generally compensation
was provided on a cents-per-mile basis when the em­
ployee’s personal automobile was used for official
business in circumstances where no government vehicle
was available. This might involve an employee who was
being shifted from one duty station to another, or who
was using his own car for a “stakeout.” In some instances
insurance was paid in whole or in part for use of the car
during duty hours:
(79)

The City will reimburse employees $.13 per mile
(which includes cost of operation, insurance and depre­
ciation) for each move a firefighter is required to make
and use his own automobile after he has reported to his
duty station. Such mileage shall be accumulated and paid
annually in September of each fiscal year.

(117)

Employees who are required to use their personal
cars shall receive an allowance of twelve cents (12^) per
mile per each mile their car is used in City service.
Private cars used for “stake-out” or other uses will be
compensated for by mutual agreement between the
employees and the employer.

(71)

The City shall pay mileage allowance at the rate of
$.10 per mile, not to exceed $50 per month to those
employees in the fire prevention and fire investigation
divisions entitled thereto and subject to normal City
regulations applicable to mileage allowances; or a City
car will be made available at the convenience of the City.




(118)

Employees who are required to use their personal
automobile for official purposes shall be compensated
by the City at the rate of 10 cents per mile. The City
will also provide all necessary insurance coverage for the
vehicles during such service or pay a proportionate
share of the cost of insurance incurred by the employee.

E s c a la to r
c la u se s

A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity

D e fe rre d w age
in c re a s e s

A g reem en t
re o p e n in g s

A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
----------------------------------------

504

84. 97 9

82

8,

808

256

5 0 ,9 1 2

107

18, 173

F i r e f i g h t e r s -------------------------------------P o l i c e --------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

195
254

4 1 , 176
33, 4 8 8
777
9 , 221
317

36
39
3
3

4, 149
3, 111

98
135
7
14

24, 638
1 9, 0 0 9
432
6 , 764
69

46
49

8, 696
8 , 578

1

9

28
749

2

122

T o ta l

NOTE:
p ro v is io n .

N o n a d d itiv e .

11

38
6

A g re e m e n ts m a y

101

1, 3 9 8
49

1

c o n ta in m o r e th a n

2

1

Table 12. Parity and longevity pay provisions in police and fire agreements, 1972-73
A ll a g r e e m e n t s

P a r ity p ay p ro v is io n s

L o n g e v ity p a y p r o v is io n s

G o v e rn m e n t a c tiv ity
A g re e m e n ts
T o ta l

N o n a d d itiv e .

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

504

84, 979

31

9, 43 9

245

45. 963

195
254

-------------------------------------------- --------- ------

F i r e f i g h t e r s -----------------------------------------------------------P o l i c e ----------------------------------------------------------------------P o l i c e a n d f i r e ------------------------------------------------------S h e r i f f s ' d e p u t i e s --------------------------------------------------C it y w i d e -------------------------------------------------------------------

NOTE:

E m p lo y e e s

4 1 , 176
33, 488
777
9 , 221
317

21
8

6,

98
126
5
15

2 8 , 311
14, 881
148
2, 614
9

11

38
6

A g r e e m e n ts m a y c o n ta in m o r e th a n

300
2, 5 4 4
26 6
329
-

1
1

-

1

1 p ro v is io n .

Table 13. Pay for shifts and holidays worked in police and fire agreements, 1972-73
A ll a g r e e m e n ts

P a y fo r h o lid a y s w o rk e d

S h if t d i f f e r e n t i a l p a y

G o v e rn m e n t a c tiv ity
E m p lo y e e s

A g re e m e n ts

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

T o t a l ---------------------------------------------------------------

50 4

8 4 ,9 7 9

65

1 9 ,1 5 6

108

1 2 ,5 7 5

F i r e f i g h t e r s -----------------------------------------------------------P o l i c e ----------------------------------------------------------------------P o l i c e a n d f i r e -------------------------------------------------------S h e r i f f s ' d e p u t i e s ---------------------------------------------------C it y w i d e ------------------------------------------------------------------

195
254

4 1 , 176
3 3 ,4 8 8
777

9
46

1 1 ,3 4 8
5 ,8 4 4
72

25
65
3

1 ,8 9 2

10

"

5

3 , 650
8 , 065
61
531
268

NOTE:

N o n a d d itiv e .

11

38

9 ,2 2 1

2
8

6

317

~

A g r e e m e n ts m a y c o n ta in m o r e th a n

1 p ro v is io n .

Table 14. Uniform and automobile allowances in police and fire agreements, 1972-73
U n ifo rm s
G o v e rn m e n t a c tiv ity

A ll a g r e e m e n ts

A u to m o b ile a llo w a n c e
F u rn is h e d a n d /o r re p la c e d

A g re e m e n ts

M a in ta in e d

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

T o t a l ---------------------------------------------------------------

504

8 4 ,9 7 9

308

4 7 , 168

61

5, 565

43

1 8 ,7 0 8

F i r e f i g h t e r s _________________________________________
P o l i c e ----------------------------------------------------------------------P o l i c e a n d f i r e ------------------------------------------------------S h e r i f f s ' d e p u t i e s ---------------------------------------------------C i t y w i d e ---------------------------------------------------------------------

195
254

4 1 , 176
3 3 ,4 8 8
777

2 5 , 512
19, 041
185
2 ,4 0 4
26

18
38

2 ,2 8 1

NOTE:

N o n a d d itiv e .




38

9,2 2 1

108
170
5
24

6

31 7

1

11

A g r e e m e n ts m a y c o n ta in m o r e th a n

1 p ro v is io n .

2 ,8 8 8

18
19

4

28
368

4

1 6 ,4 7 5
1 ,3 1 7
51
754

"

-

1

111

1

1

Chapter 5. Hours, Overtime, and Outside Employment




Scheduled weekly hours
Reduction in hours
Scheduled days of work
Overtime pay
Emergency overtime
Call-in/call-back and standby pay
Equal distribution of overtime
Right to refuse overtime
Overtime meal allowances
Outside employment

Chapter 5. Hours, Overtime, and Outside Employment

Scheduled weekly hours

Fifty-nine percent of the contracts referred to sched­
uled weekly hours, but only 43 percent of the employees
in the study were covered by such provisions. (See table
15. ) A number of large agreements in the study con­
tained no clauses stipulating scheduled weekly hours;
among these were police and fire contracts in New Jersey,
New York City, Los Angeles County, Milwaukee, and
Buffalo.
Relative to private industry, the proportion of agree­
ments that specified weekly hours was small. This is in
part explained by the fact that many State and local
jurisdictions legislate hours. Secondly, flexibility must
be insured to accommodate the complex schedules which
result when police and fire personnel are on duty or
subject to call for 24-hour periods.
Among contracts outlining weekly schedules, those
stipulating 40 hours were the most frequent. These ac­
counted for 43 percent of the agreements and repre­
sented 46 percent of the protective service employees
with collectively bargained weekly schedules. (See table
16. ) Over 50 percent of the contracts provided for
longer hours, most often contracts involving firefighters.
Of the agreements which designated workweeks over
40 hours, the largest number stipulated 56 hours. But
in terms of employees covered, approximately equal
numbers worked under 56- or 48-hour schedules, or
schedules which varied weekly hours.
All but two of the agreements which varied hours
did so by occupation. Line police officers and firefighters
generally had longer weekly hours than technicians,
specialists, and clericals, who worked 40-hour schedules.
Most frequently, line safety personnel worked 56 hours
per week, with those in other occupations working a
40-hour week. However, there were additional clusters
at 48 and 40, and 42 and 40 hours, respectively. One
agreement varied weekly schedules within a cycle of
5 weeks; another varied within a 7-week cycle.
Longer workweek schedules usually provided that
police or fire personnel be divided into platoons, each
assigned to 24-hour daily schedules which alternated
days on and off duty or established rotating tours of
10 and 14 hours. Under such arrangements the workweek




could be longer or shorter than the weekly hours
designated in the agreement but, computed over the
year, would average to the contractually stipulated
workweek. There was also some evidence of the 4-day,
40-hour week. In case of emergencies, established sched­
ules were waived and protective personnel were called
in as needed:
(119)

The normal work week shall be fifty-six (56) hours,
but no employee shall be guaranteed any specific number
of hours in any one (1) week.
The personnel of the Fire Department shall be divided
into three (3) platoons, each on twenty-four (24) hour
tours of duty, except such members as designated by the
Chief, who shall be on an eight (8) hour shift.
Members of the Fire Fighting Force on a twenty-four
(24) hour tour of duty shall work alternate twenty-four
(24) hour tours of duty, the scheduling of which will be
negotiated between the Chief and Local 483. The pre­
determined schedule shall prevail except in case of emer­
gency, when the hours shall be such as the Chief deems
proper for the fire protection and safety of the City.

(120)

. . . The workweek for all employees who regularly
perform firefighting and dispatching duties shall be an
average of not more than 42 hours computed over 1 year.
The work schedule for the workweek provided herein
shall consist of day tours of duty of 10 hours each and
of night tours of duty of 14 hours each. . . .

(121)

The regular work schedule for members of the fire­
fighting units, rescue and fire alarm operators’ units shall
be an average workweek of 42 hours; the work schedule to
consist of 4 platoons working 2 consecutive days of 10
hours each, 2 consecutive nights of 14 hours each, followed
by 4 days off. The regular workweek for members of other
divisions of the Fire Department shall be 40 hours per
week, to be worked in 4 days of 10 hours each, in such
manner as may be agreed upon between the Chief and
the union.

Reduction in hours

Long workweeks have been typical of the protective
services. The number of weekly hours, however, has been
decreasing, causing ramifications for the economic and
administrative policies of fire and police operations.
Specifically, a reduction in the number of hours worked
per week is usually accomplished without a correspond­
ing reduction of pay; may require change from a three to
four platoon system; may change duty tours; and can
require the use of “Kelly” days to adjust schedules. Kelly

days are ordinary duty tours which become days off in
order to keep the average workweek at contractual levels.
As the hours diminish, the number of employees
would probably grow to maintain levels of community
protection:
(75)

(122)

(123)

As of October 1, 1972, the work schedule, which is
presently a 44 hour workweek with time and one-half
for overtime, is to be changed to a 40 hour per week
schedule with time and one-half for overtime at the
same gross weekly pay. The per hour wage rate is to be
adjusted accordingly.
The workweek of all employees who regularly per­
form fire fighting and/or switchboard duties, shall be an
average of not more than fifty-two (52) hours, computed
over a period of one calendar year. Said workweek shall
be based on a work schedule consisting of day tours of
duty of ten (10) hours each, and of night tours of duty
of fourteen (14) hours each.
(a) As of January 1, 1971 said average shall be
not more than forty-eight (48) hours.
(b) As of January 1, 1972 said average shall be
not more than forty-six (46) hours.
(c) As of January 1, 1973 said average shall be
not more than forty-two (42) hours.
The above hours shall be based on a fifty-six (56)
hour schedule with Kelly days until June 30, 1973 at
which time the forty-two (42) hour week shall be based
on a schedule of four (4) platoons with three (3) days of
of ten (10) hours each followed by three (3) days off and
three (3) night shifts of fourteen (14) hours each followed
by three (3) days off then repeated.
The normal scheduled work day shall be twenty-four
(24) hours on duty followed by twenty-four (24) hours
off duty, and the system utilized for days off duty shall
be as specified by the Fire Chief subject to employee right
of appeal under the grievance procedure. The hours of
work in a week shall average seventy-two (72) hours, over
a period of a year. This average shall be achieved by pro­
viding in the schedule of work shifts every period to be
know as “Kelly” day.

(125)

Another group of agreements, constituting an addi­
tional 12 percent, referred to days in the workweek, or
to 10-, 14-, or 24-hour shifts or tours which, in effect,
were workdays. However, they varied in the number of
shifts, tours, or days that would be scheduled in each
week. These provisions reflected the work situation in
protective services where continuous, fully manned op­
erations were an absolute necessity. The number of hours
in the workweek was conceived, as noted previously, as
an average computed over periods up to 1 year; hence,
the number of days varied as the length of the workweek
fluctuated within the average:
(126)

In the case of the Fire Department, employees shall
be required to work a fifty-six (56) hour week. The
Platoons to work twenty-four (24) hours on duty and
forty-eight hours (48) off duty.

(83)

Fire Private and Driver hours of duty are established
by the Fire Chief under a three (3) platoon system, not
to exceed a fifty-six (56) hour average workweek over
a one (1) year period, working a twenty-four (24) hour
shift and forty-eight (48) hours off.

(127)

The normal work schedule shall be 4 days on and
2 days off and then 5 days on 2 days off, on a rotating
schedule.. . .

If the contract covered a variety of occupations, varia­
tions in the length of the workweek and the type of
schedule (i.e., rotating versus fixed schedule) implied
differing numbers of days as well:
(128)

Scheduled days of work

Although it is common practice in nongovernment
agreements to specify the number of days in a work­
week, in police and fire contracts such statements are an
exception. Only 14 percent of the agreements stipulated
the number of workdays, of which all but one called for
5-day weeks. (See table 16.) The bulk of these wc/e
police agreements where traditional 40-hour schedules
were more likely to be found. The other provided for
four days, but it was an experimental provision that
could be withdrawn by management:
(124)

The regular work schedule shall consist of five (5)
eight (8) hour days per week. It is recognized by the
union that scheduling work is a management right. It is
recognize by the City that such scheduling must not be
arbitrary nor capricious.




The Fire Prevention Bureau personnel shall, as soon as
is possible, be assigned on the basis of a ten (10) hour
work day, and a four (4) day work week. This shall be
done on an experimental basis. If, at any time, the
City does not find this work schedule satisfactory in
providing this necessary service, the City may, upon
ten (10) day notice to the union, revert to the eight
(8) hour day, five (5) day week.

The normal workweek for the Fire Fighting Division
shall be an average of fifty-six (56) hours per week. Under
normal conditions this will be accomplished by working a
three (3) platoon system each platoon working a twentyfour (24) hour shift, and off duty twenty-four (24)
hours, then working another twenty-four (24) hour shift,
and off duty for twenty-four (24) hours, and then work­
ing another twenty-four (24) hour shift, and then off
duty ninety-six (96) hours consecutively. A normal work
day shall begin at 7:00 A.M. and end at 7:00 A.M. the
following day. The normal workweek for the Fire Pre­
vention Bureau, Maintenance Divsion, the Service Divsion and the employee assigned to the position of train­
ing officer shall be forty (40) hours per week at eight
(8) hours per day, Monday through Friday. The work
day for Fire Prevention Bureau and Service Division em­
ployees will begin at 8:00 A.M. and end at 5:00 P.M.
with a lunch hour from 12:00 noon to 1:00 P.M. The
work day for Maintenance Division employees will begin
at 8:00 A.M. and end at 4:30 P.M. with one half hour
lunch period. . . .

One agreement permitted the employer and the em­
ployee organization to select either a 5- or a 4-day week:
(129)

The basic week of service for each member shall be
not more than forty (40) hours.
Such week of service shall consist of five (5), eight (8)
hour work days or four (4) ten (10) hour work days, or
any other arrangement agreeable to the Association and
the Commission and not deterimental to the efficient
rendering of police service. It is the intent of this memo­
randum that each member shall be entitled to a minimum
of two (2) consecutive days off during each week of serv­
ice subject to Charter provisions and emergency situations.

Overtime pay

Despite the unique duty hours requirements for police
and fire personnel, traditional overtime payments—
daily, weekly, and outside regular hours— were nego­
tiated into their agreements. Three-quarters o f the agree­
ments stipulated that protective service employees would
receive money payments and less than one-fifth specified
compensatory time off. Usually in these instances com­
pensatory time was presented in lieu of receiving money
payments. (See table 17.)
Where money payments were required, they were
normally at premium rates, although straight-time com­
pensation was found in some instances:
Provision
Total referring to overtime pay. .
Providing for premium pay.
No premium p a y ...............

Agreements

Employees

380

60,743
6,591

As a rule, premium payments were at time and one-half
the employee’s straight-time rate and were found rela­
tively more frequently in police than in fire agreements:
(130)

(131)

All hours in excess of eight (8) hours per day or
forty (40) hours per week shall be considered overtime
and compensated at one and one-half times the regular
hourly rate.
As used in this contract overtime shall mean that
time an employee is require to work in excess of an
eight (8) hour normal work day, as defined in Section
18 of this agreement, or any additional time required
beyond the scheduled shift. Employees required by the
City to work beyond their normal work day or scheduled
"shift shall be eligible for overtime at one and one-half
(VA) time their regular rate of pay.

Straight-time rates of pay were about evenly divided
between police and fire contracts:
(132)

Overtime shall be compensated for on the basis of
straight time pay for work in excess of a normal daily
tour of duty in any one day. . . .

(133)

All hours worked over 8 hours in one day or 40 hours
in a week shall be compensated at straight time or if
the employee so desires he may accumulate up to 24 hours
to be used as time off. . . .




(10)

Officers shall be compensated at the premium rate of
time and one-half for all work outside of the normal
work day with the following exceptions for which addi­
tional payment shall be made at straight time:
(1) For shoots, providing however that the mini­
mum payment shall be two hours.
(2) For approved classroom attendance not, how­
ever, including attendance in classes for which
educational bonuses are to be paid pursuant to
Article XV, nor for attendance at training or
educational courses for which an officer has made
request (rather than having been assigned) to attend,
no payment of any kind to be due for such attend­
ance, (3) For up to one-half hour for the time re­
quired, following the normal work day, to complete
written reports, providing that if more than one-half
hour is required to complete such reports, all time
following the end of the normal work day is to be
compensated at the rate of time and one-half.
(4) Appearances in Court or at the District Attor­
ney’s Office, providing however that if such appear­
ance occurs on an officer’s off day or at a time not
consecutive with his regular hours or on an on day,
he shall be paid for a minimum of two hours.

67,334

331
49

Agreements could provide for premium pay in some
cases and straight time in others. For example, one agree­
ment listed specific circumstances where the normal pre­
mium rate would not apply, such as shoots, classroom
attendance, filling out reports, court appearances, or
out-of-town assignments:

Compensatory time provisions were equally divided
between those providing premium arrangements and
those not providing such premiums:
Provision

Agreements

Employees

Total referring to compensatory
tim e ..................................................

95

26,094

Providing for premium arrange­
ment ......................................................
No premium ...........................................

47
48

15,801
10,293

Most agreements granting compensatory time involved
police, but more firefighters were covered by such
arrangements. For State and local administrations faced
with budget stringencies, compensatory time may appear
to have the advantage of trading periods o f overtime
work for days off. However, most of these provisions
either provided an employee with the option of accept­
ing money payment or limited compensatory time only
to specified overtime situations. The use of compensa­
tory time was further limited since it could reduce the
work force only to a specified total on any given day;
as a result, employees might not always be able to use
their time off when they wished, and in fact were often
required to give advance notice before time off was
granted:

(134)

A patrolman who has worked overtime shall be allowed
to receive compensatory time off at the overtime rate, in
rate, in lieu of pay if he so elects. Upon reasonable request
by the patrolman, days off accumulated due to over­
time shall be granted upon approval of the Shift Captain
or Bureau Head. Whenever possible the request shall be
made at least 3 days prior to the requested days off
unless an unforeseen emergency makes it impossible
for the patrolman to give such notice.

Not included among the 95 contracts allowing com­
pensatory time for overtime were 12 agreements pro­
viding compensatory time where employees regularly
worked more than a 40-hour duty shift per week and
were not paid overtime:
(138)

Work week - Special Job Requirements: Because
of the nature of job requirements, the following posi­
tions will be assigned schedules other than a straight
5-2, 5-3 workweek in order to provide necessary man­
power at the times needed:
Community Relations Division
Intelligence Division
Juvenile Division
Transportation Sergeant
Court Sergeant
Court Patrolman
Record Sergeant
Training Sergeants during actual schools
Warrant Servers
Detectives (Special Assignment)
To assure the officers in these positions their proper
amount of time off, their commanding officers will per­
mit them to take 1 day off per month, not to exceed 9
days per year in increments of 8 hours at a time when
earned, except in the case of the Court officers who will
be given time off in increments of 4 hours.

(139)

Employees working the four platoon, 42 hour work­
week schedule shall be credited with eight hours straight
compensatory time for each 28 day period worked in
lieu of overtime for scheduled hours.

Leave could be used in whole days within a year of earn­
ing it, and supervisors were restrained from arbitrarily
refusing leave:
(135) . . . All overtime shall be compensated for by compen­
satory time off in whole tour units only. Such time off
may be taken at any time within one year from accural
upon consent of the Chief of the Fire Department, which
consent shall not be unreasonably withheld. At the
election of the fireman, overtime may be compensated
for in cash at the regular rate of pay .. . .

At times restrictions were placed on the amount of
compensatory time which could be accumulated. In
such instances a monthly, quarterly, or annual interval
was specified as the maximum period during which
compensatory time could accrue. For hours or days
exceeding the accrual limits, cash payments would be
made:
(30)

Each employee at his option, is entitled to accumu­
late 40 hours of compensatory time once during the
life of this contract [one year] in lieu of paid overtime.
Where an employee opts for compensatory time, one and
one-half hours of compensatory time shall be credited for
each hour worked.

(136)

. . . Authorized overtime worked is to be compensated
for on the basis of straight time for overtime and half time
compensatory time for hours worked. All time earned in
excess of 40 hours compensatory time accrued at the end
of each month will be paid in cash.

(119)

. . . All overtime shall be reduced by compensatory
time off during the calendar year earned if, in the opinion
of the Chief of the department, the department work­
load permits. All employees . . . shall on the first payday
after the last pay period in each year be paid out at the
rate determined in Section (b) above for such overtime
hours as remain to their credit as of that date.

Emergency overtime

Local communities may have special funds or outside
sources of revenue which they can use to finance in­
creased expenses incurred in meeting an emergency
situation. This money is often available on a cost-incurred
basis and may allow a community that normally pays
for overtime on a straight-time basis to provide premium
pay under these circumstances. Other provisions, while
indicating that overtime would be paid, required em­
ployees to wait for payment until the employer received
funds from outside sources:
(140)

For non-emergency off-duty assignments eligible em­
ployees shall be granted compensatory time credit on a
straight time basis. . . .
Fireboat Pilots and Marine Engineers who are required
to remain on duty at the scene of an alarm beyond their
regularly scheduled tours of duty (excluding conditions
described in the overtime provision of this agreement)
shall be compensated at time and one-half (IV2 ) in cash
computed on the basis of the number of hours in the
current average duty week of the Firefighter classifica­
tion for all such time worked beyond the end of their
regularly scheduled tours of duty.

(141)

Emergency Duty:
Employees required by the Sheriff to participate in
emergency or riot duty outside of their normally sched­
uled work shall receive overtime and will be paid in
accordance with Section 14.03 and at a rate not lower

On the other hand, the number of hours paid for at
time and one-half in lieu of compensatory time at
straight time might be limited:
(137)

Commencing on July 1,. 1972 and continuing for the
life of this agreement, compensatory time earned will
accumulate at the rate of one hour for each hour worked
in excess of regularly scheduled hours.
Compensatory time taken as time off will be taken
at the rate of one hour off for each hour earned.
Each officer shall have the option to be compensated
in cash for compensatory time earned after July 1, 1972
at the rate of IV2 times his base pay up to [20 hours for
each half year, between July 1 and January 1 and be­
tween January and July 1], . . .




than the rate provided in this agreement. The employees
will receive the rate of the requesting agency. The em­
ployees will be paid by the employer when the employer
recieves payment from the State or other agency for the
hours worked during the emergency or riot duty by the
employees.

Employees of jursidictions lacking these emergency
sources of revenue might find themselves working over­
time at lower than usual rates. To such a community,
an emergency situation imposed unanticipated expenses
not provided for in the normal budget:
(142)

Overtime earned as a result of court time, training
time, proclaimed civil emergency time . . . shall be com­
pensated for at a straight time rate (IX). . . .
Overtime earned as a result of an authorized assign­
ment outside of the regularly scheduled shift which does
not fall within [The above definition or without one
week’s advance notice]. . . shall be compensated at one
and one-half (lVix) the base salary rate.

Call-in/call-back and standby pay

The critical nature of police and fire protection often
requires off-duty employees to be available for recall in
case of a crisis or unexpected events. Thus, call-in/
call-back pay, found in 55 percent of the agreements in
the study, is closely related to the emergency overtime
provisions cited above. (See table 17.) These provisions
guaranteed that an employee called back after the com­
pletion of his shift would either work or recieve com­
pensation for a stipulated number of hours. Most fre­
quently 3 or 4 hours were guaranteed, usually at overtime
premium rates, but shorter periods were also mentioned:
(143)

Employees called to work outside of their regularly
scheduled shift shall be paid for a minimum of three
hours of work at their regular straight time rate or for
the hours actually worked at a time and one-half rate,
whichever is the greater. The employer may assign such
employee to any work which he is qualified to perform
during such period.

(144)

A minimum of 2 hours calculated at the rate of time
and one-half is guaranteed a police officer, juvenile
officer, sergeant or investigator who is requested to and
returns for duty at a time when he would not otherwise
have to be on duty.

During off time, when placed on standby or on call
by the proper officers in charge, employees will be paid
one-half (Yz) of their regular base rate for all standby
time up to a maximum of eight (8) hours in any twentyfour (24) hour period starting with the time he is notified
to stand by. Standby remuneration shall cease when em­
ployee is notified by his superior officer that the standby
order is rescinded.

(147)

Officers on standby for more than 24 hours shall be
paid $5.00 for each day or fraction therof of standby
duty.

Equal distribution of overtime

To avoid unfair allocation of overtime assignments
among protective services personnel, about one-fifth of
the agreements contained provisions governing the dis­
tribution of overtime. (See table 17.) Often calling for
“equal,” or “fair,” or “reasonable” distribution, the
clauses in varying degrees of detail covered not only
the allocation of overtime but also stated the impact
that refusal of overtime would have upon the individ­
ual employee’s share of future overtime opportunities.
Clauses called for distribution of overtime on sev­
eral basis: seniority; rotation of the employee’s name
to the bottom of the list after a given number of over­
time hours; or an equal distribution of overtime with­
out further definition. Excess overtime could be carried
forward to a new time period and assignments were
to be posted periodically so that all employees could
review and question their relative rank. Supernumeraries,
or volunteers, were not to displace regular employees,
and refusal to work overtime was, at times, counted
as time worked for purposes of future distribution:

Employees covered under the terms of this agreement
called back to duty shall be compensated for at least 4
hours at the overtime rate of pay. The overtime worked
in excess of 4 hours shall be computed to the next even
hour or 30 minutes past the hour at the overtime rate
of pay hereinafter set forth.

(145)

(146)

Other agreements required some employees not at
work to remain on a standby status. Several of these
agreements provided compensation in one of three
forms— a percentage of regular pay, a specific cash
payment, or compensatory time off:




(148)

Reasonable attempts will be made to equalize the
the opportunity for overtime work with recognition of
the limitation on the employer in getting the necessary
work completed.
The number of overtime hours, and the different
shifts worked shall be divided as equally as possible
among the personnel of the department. An up-to-date
list showing overtime hours will be posted weekly in a
prominent place in the Police Department. . . .
Overtime hours will be computed from January 1st.
through December 31st. each year. Excess overtime hours
will be carried forward over each year and are subject to
review at the end of each period.

(77)

An overtime roster of employees will be prepared by
the Chief or his designee, and all overtime will be distri­
buted to the regular officers within rank fairly and
equitably. Refusal to accept overtime will be recorded
accordingly. Reasonable overtime shall not be refused
unless the acceptance of such overtime would cause undue
hardship. Supernumeraries will not be used to deprive
regular officers of their right to overtime work.

(149)

Overtime will be equitably distributed to nonsupervisory personnel on a divisional seniority basis as far
as practicable. When an officer has worked 16 hours of

overtime he shall go to the bottom of the overtime dis­
tribution list and the next man shall be afforded the
opportunity to work. . . .
The refusal to work overtime by any member of the
bargaining unit shall be considered as time worked for
purposes of distribution of same unless on sick leave,
vacation, or excused by the Superintendent of Police,

In some instances, overtime policies were set forth
in detail, reflecting their importance as an issue in the
particular collective bargaining situation. Such provi­
sions indicated the variety of approaches to allocation
of overtime, and showed the care with which many
contingencies were spelled out:
(150)

(151)

Overtime hours shall be divided as equally as possible
among employees in the same classifications in their
department. An up-to-date list showing overtime hours
will be posted bi-monthly in a prominent place in each
building.
Whenever overtime is required, the person with the
least number of overtime hours in that classification
within their department will be called first and so on
down the list in an attempt to equalize the overtime
hours.
For the purposes of this clause, time not worked be­
cause the employee was unavailable, or did not choose
to work, will be charged the average number of overtime
hours of the employees working during that call out
period (2 hour minimum).
Should the above method prove unsatisfactory, the
parties agree to meet 90 days from the effective date
of this agreement and work out a solution.
Overtime hours will be computed from July 1 through
June SO^ach year. Excess overtime hours will be carried
over each year and are subject to review at the end of
each period.
A card file shall be set up and maintained as follows:
A tab on each card shall have a number which will in­
dicate the proper order for [overtime] call-in. Cards shall
be filed in numerical order with smaller employee numbers
to the front of the file. When employees are needed for
overtime they shall be called in order, beginning with the
smallest number. The numbers on the card shall be called
“opportunity” numbers and shall be computed in the
following manner:
An opportunity shall be charged each 4 hours worked,
or refused, with decimals or fractions showing a portion
of a 4-hour period.
An opportunity number would also be charged in the
event an employee refuses to work when the request does
not require that he work in excess of 48 hours.
An opportunity would also be charged to an employee
who notifies the office that he does not wish to partici­
pate in the overtime program. In such case he will be
charged an opportunity number for each 4 hours he
could have worked had he wanted to participate. When
an employee is transferred from one shift to the other
his opportunity number will be adjusted to coincide
with opportunity numbers on his new shift and filed
accordingly.. . .
If an employee contacted has 14 opportunities shown
on his card and he works or refuses a 24 hour assignment,




the opportunity number would now be 20 and his card
would be placed in back of the other twenties in that
section on the file. . . .
Right to refuse overtime

Eleven percent of the agreements, representing 10 per­
cent of the workers’ contained clauses allowing employees
the right to refuse overtime; this provision was often
within the context of an equal distribution clause. (See
table 17.) This prevalence was below that found for all
municipal employees in an earlier study. There were
instances where the right to refuse appeared unlimited:
(152)

Overtime shall be assigned among regular and pro­
bationary employees as equally as possible. Employees
who do not want overtime assignments shall be excused.

Most frequently, however, provisions specified that em­
ployees would be allowed to refuse overtime except
under unusual circumstances:
(153)

Employees shall have the right to refuse overtime
except in cases of declared emergency by the Chief of
Police.

(130)

When the Chief of the department declares a state of
emergency no refusal to work is acceptable except for
physical incapacity.

Overtime meal allowance

Only 21 agreements provided for meal allowances in
overtime situations, although again the practice may be
more common than would be indicated by negotiated
provisions. (See table 17.) The clauses specified that
employees would be given meals or meal allowances
when required to work a specified amount o f overtime.
Employees could also receive paid time off while eating:
(154)

Firefighters who work other than a normal 8 hour
shift will be paid a meal allowance under the following
conditions:
1. If an employee stays on beyond his normal
shift to engage in emergency operations, meal
allowance will be paid for each 5 hours beyond
the normal shift.
2. If the employee stays on for a second com­
plete shift at the request of the City and for the
City’s convenience, he will receive one meal
allowance.

(146)

In the event an officer is required to work overtime
for continuous periods exceeding 4 hours, he will be
given time off and meals both to be paid by the City
as follows:
Meal
Breakfast..........................
Lunch................................
D inner..............................
O ther................................

Not to exceed
$1.75
2.00
2.25
2.00

Meals will be paid only when accompanied by proper
vouchers from establishments approved by the State for
selling food.

Some firefighter agreements provided meal allowances
to employees working long shifts such as those lasting 24
hours. Protective service personnel on such schedules
were to use the money to prepare two or three meals at
the firehouse while on duty. The payments, sometimes
referred to as subsistence allowances, were usually paid
directly to employees, although they could be admin­
istered by a supervisory officer:
(155)

Subsistence (Food) Allowance:
All employees working a twenty-four (24) hour shift
shall receive a subsistence allowance as follows:
For the period 7-1-72 to
7 -1-73................................
For the period 7-1-73 to
7 -1-74................................

2Wo of $12,660 less 10%
2Vi% of $13,293 less 10%

These allowances shallbepaid by June 30 of each year.
(156)

Each em ployee shall have two hundred dollars
($200,000) allowed for food, to be administered in a lump
sum by Captains on each unit.

Outside employment

Eighteen percent of the agreements studied referred
to outside employment opportunities for members of
the bargaining unit. (See table 18.) Most were concerned
with the establishments of guidelines and rules for pri­
vate employment in police- or fire-related work; about
half o f this number were concerned with unrelated
employment.
The negotiation o f outside employment provisions
serves several purposes. From the government’s point
of view, they insure the community’s safety and the
efficiency o f the protective service. In addition, the
possibility o f conflict o f interest o f the violation of
laws and administrative rules is diminished by the
employer retaining some control over outside employ­
ment. Because o f the public trust inherent in police
and fire jobs, this regulation is especially important.
The employee benefits from these clauses in that wage
levels or hours o f outside work are clearly set forth;
also provision may be made for the equitable distri­
bution o f available jobs.
Paid private details

Paid private details involve the assignment of em­
ployees to police- and fire-related work for private em­
ployers. Employees may receive a variety o f assignments:
fire watches; crowd control at sporting, entertainment,
or political events; night watch jobs at construction
sites; and similar activities. In some cases the need of
private employers for the specialized skills o f police




or fire personnel stems from ordinances and laws re­
quiring adherence to certain security standards. In any
event, employers present personnel requests to the
police or fire department and these departments in
turn act as referral agents. The government employer,
regulates paid private details and is therefore alert to
the impact that this employment can have on operations.
Specifically, clauses stipulate the conditions under
which an employee can be assigned to a paid private
detail. Among these is that the protective service not
be understaffed as a result; also, the types of jobs which
may be assumed are specified. These provisions may
authorize the government employer to make assign­
ments, assure equitable distribution of work opportuni­
ties, establish pay guarantees at straight time or premium
rates, and explicitly arrange for supervision of outside
employment:
(157)

Whenever any person or organization is required to or
shall seek the services of the Fire Department for Fire
Watch Duty such work shall be performed under the
direction of the Fire Marshall and it shall be performed
by employees in the bargaining unit. Such work shall be
paid for by the person or organization who is required
to or does seek such services. Company strength shall
not be reduced to provide fire watch duty regardless of
whether any person or organization is required or does
seek such services of the Fire Department.
The term “Fire Watch” duty for the purpose of this
article shall mean duty designed to assist in fire preven­
tion, fire safety code enforcement, crowd panic control
and related duties.
All “Fire Watch Duty” assignments shall be made by
the Fire Marshal or his designated representative who
must be an employee assigned to the Fire Marshal’s office.
The rate of pay for “Fire Watch Duty” for a firefighter
shall be $4.10 per hour.
Firefighters shall be paid a minimum of twenty-five
($25.00) dollars for each assignment or the actual hours
worked times the hourly rate, whichever is higher.
Whenever four or more firefighters are assigned to a
“Fire Watch Duty” job to work the same hours, a super­
visor shall also be assigned. The rate of pay for “Fire
Watch Duty” for a supervisor shall be five ($5.00) dollars
an hour or the minimum of twenty-five ($25.00) dollars
for each assignment or the actual hours worked times the
hourly rate, whichever is higher.
An employee who desires assignment to “Fire Watch
Duty” work shall notify the Fire Marshal or his designated
representative in writing.
Employees who indicate their availability for “Fire
Watch Duty” work shall be offered assignments in rota­
tion without regard to rank. Refusal of such an assign­
ment shall have the same effect on rotation as accepting
an assignment. An employee must have been notified
the day before a “Fire Watch Duty” assignment before
it will affect his standing.
Upon the request of the union, employees may donate
their time voluntarily for specific charity organizations and
occasions designated as hereinafter provided, this voluntary
donation of the employee’s time shall not affect their posi-

tion on the “Fire Watch Duty” roster. The union shall
establish a committee to determine the charitable organi­
zations and designate the occasions which will not affect
the “Fire Watch Duty” roster.
(76)

Private paid details shall be assigned to regular depart­
mental personnel on a fair and equitable basis except in
cases of emergency or where department personnel are
unavailable. No detail shall be forfeited if sick only one
day in the week.
The following privately paid rates shall be effective
on January 1,1971:
Minimum - Four (4) hours . . . . $20.00
Each hour or portion thereof in
5.00 per hour
excess of four (4) h o u rs.........
Police service during strikes or
labor disputes or hazardous
d u ty .........................................
6.00 per hour
(Minimum $24.00)
Double time will be paid on Christmas Eve, Christmas
Day, New Year’s Eve, New Year’s Day, Mother’s Day,
Easter Sunday and Thanksgiving. Time and one-half for
over eight (8) hours’ work for working on Sundays or
holidays.

(120)

Whenever any private person or organization is re­
quired to or shall seek the services of the employees of the
Fire Department for fire watch duty, such work shall
be rotated by the Chief of the Fire Department among
those employees who volunteer for such work during
their off-duty hours. In the event that four (4) or more
employees are needed for a certain fire watch duty
assignment, one of the employees given this assignment
shall be a Fire Department Officer. The rate of pay for
this work shall be time and one-half the employee’s
regular hourly rate of pay, with a minimum of 4 hours
pay. Company strength shall not be reduced to pro­
vide fire watch services for any private person or
organization.

Not surprisingly, none of the provisions covering
outside work established wage or hour guarantees. They
chiefly dealt with the rules that employees had to
follow in seeking approval for the second job and estab­
lished the employer’s authority over secondary employ­
m ent. On the other hand, a few of the provisions referred
only to the employer’s authority over secondary employ­
ment and the detailed rules governing moonlighting were
promulgated outside the agreement:
(63)

In instances where rules were specified, they were
primarily in reference to the establishment of the em­
ployer’s authority and limitations on the kinds of jobs
that could be taken. No detrimental impact on the
well-being of the employee, which, in turn, could affect
departmental efficiency, would be tolerated: the em­
ployees primary employment always took precedence
over his second job. Advance notice and full disclosure
of what the additional job entailed was required
and there would be no conflict o f interest nor viola­
tion o f law. The number o f hours of outside work
were limited, and in contrast to paid private details,
the employer had no obligation to pay sick leave if the
employee became ill or was injured while moonlighting:
(159)

In addition all off duty jobs of the employees covered
by this agreement must be reviewed and approved by the
Fire Chief and the City Manager, such approval of off
duty jobs, however, shall not be unreasonably withheld
and said jobs cannot mentally or physically affect a
man’s ability to perform his job as a firefighter and that
while performing said off duty jobs he must be immedi­
ately available if needed in an emergency.

(35)

Other Employment
The members of the bargaining unit agree to and will
abide by the policy of the City regarding other employ­
ment. It is specifically affirmed that their employment as
firefighters in the Fire Department in the City of Carbondale, Illinois, is of prime importance and is their first
employment obligation; that all other activity engaged
in shall in no way hinder or obstruct the performance of
their duties as firefighters. Insofar as other employment
and activities do not affect their employment as fire­
fighters, the City shall in no way direct or govern the
firefighters’ activities on their time off duty so long as
they conduct themselves in a manner which is both moral
and legal.

(160)

Outside Employment:
The members of the Police Department of the City of
Cudahy may engage in gainful part-time employment sub­
ject to the following rules and regulations:

Paid private detail provisions also dealt with the govern­
ment’s obligation to the employee injured while on an
outside job. In such cases, he was entitled to payment
of doctor’s and hospital bills and continuation of pay
while recuperating:
(158)

Whenever an officer of the East Providence Police De­
partment covered by this agreement, who has been assigned
to private or special details is injured in the course of
such detail he shall be compensated by the City of East
Providence for all medical and hospital expenses, etc.,
and also the regular rate of pay is to be continued during
the period of incapacity as provided by Section 45-19-1
of the Rhode Island General Laws, 1956, as amended.

Moonlighting

A small number of contracts permitted protective
service personnel to take a second job that was not
police or fire-related. (See table 18.) It is likely, however,
that the employer exercises considerable control over
moonlighting via administrative policies and rules which
operate irrespective of contractual provisions.




The Division shall continue its policy of permitting
outside employment of members by one or more em­
ployers and will consider all requests submitted, subject
to such limitations and requirements as the Division may
deem necessary for the best interest of the Division and
the State.

A. Notification of City:
Prior to accepting or undertaking any outside employ­
ment, a member of the City of Cudahy Police Department
shall furnish to the Chief of Police, upon forms prepared
for that purpose, the following:
1. A statement setting forth the name of the em­
ployer or that said member of the Police Depart­
ment will be self-employed:
2. The hours of employment and type of work,
together with a statement of his employer, if not
self-employed, verifying the statement of the mem­
ber of the Police Department and agreeing to all of
the terms and conditions of such part-time employ­
ment and the provisions of this section.
B. Prohibited Outside Employment:
No member may engage in any part-time employment
which will interfere with his efficiency or availability for
duty, nor the health, safety or welfare of the public;
shall any member engage in any part-time employment
which involves any conflict of interest with the City of
Cudahy Police Department or in any way involved police
regulation or control, or is in violation of any state,
county, or municipal statutes, ordinances or regulations;
nor shall any member engage in any part-time employ­
ment which employment requires a securing of any
license or approval from the City of Cudahy.
C. Emergencies:
In the event the Chief of the Police Department decides
that in his judgment a state of emergency exists, he may
unilaterally rescind for the duration of the emergency
any and all of the outside employment privileges as pro­
vided in this section. In the event any emergency exists
whereby the Chief of the Police Department calls a mem­
ber to duty outside his normal shift, said member agrees
to report regardless of the fact that he may be engaged
in the gainful part-time employment provided for in this
section.




D. Limit on Number of Hours:
The maximum number of hours per week that any
said member of the Police Department shall engage in gain­
ful part-time employment is hereby limited to not more
than 16 hours of outside employment per duty week (7
calendar days commencing on Sunday), noncumulative.
E. Waiver of sick leave:
Prior to undertaking any part-time employment, said
member shall, in writing, waive any and all claims for
sick leave compensation or any other non-accrued bene­
fits arising by reason of the fact that such disability
occurred while he was engaged in said part-time employ­
ment. In the event any member suffers a major injury
while engaged in said part-time employment disqualifying
him temporarily for work on the Police Department a
written statement from the attending physician that his
injury has not left him in any fashion incapacitated prior
to returning to duty on the Police Department. In the
event of disability or inability to work on the Police
Department by reason of injury or illness occurring
because of said part-time employment, substitution by
other members of the Police Department for such in­
jured policemen shall not be permitted.
F. Termination of outside employment
In the event the Chief of the Police Department is of
the belief that any part-time employment is decreasing
the efficiency of a member, or interfering with his avail­
ability for duty, he may order the member to terminate
his outside employment. The member, upon receipt of
such order, shall terminate his outside employment
forthwith. He may, however, appeal from the determina­
tion of the Chief to the Fire and Police Commission pur­
suant to the grievance procedure and may continue said
outside employment during the pendency of the appeal.
The appeal shall be made in accordance with the rules
and regulations as the board shall promulgate and estabthe board sustains the action of the Chief, the
lllClllUCi' shall cease outside employment forthwith.

Table 16. Scheduled days in the workweek in police and
fire agreements, 1972-73

Table 15. Scheduled weekly hours of work in police and
fire agreements, 1972-73
S c h e d u le d w e e k ly h o u r s

A g re e m e n ts

E m p lo y e e s

504

8 4 ,9 7 9

298

3 8 , 112
500
16 , 664

A l l a g r e e m e n t s ----------------------

A ll a g r e e m e n ts
T o t a l r e f e r r i n g to s c h e d u l e d
w e e k l y h o u r s --------------------------------L e s s t h a n 4 0 --------------------------------------- -------- -----4 0 — - -----4 1 --------------------------------------------------4 2 — ------- -------------------------------4 3 - 4 7 -------------------------------------------4 8 _________________________________
4 9 - 5 5 -------------------------------------------5 6 ----------------------------------------- -----O v e r 5 6 1 ---------------------------------------V a r i e s 2 ---------------------------------------R e f e r e n c e to s c h e d u le d w e e k ly
h o u r s ; n o d e t a i l s g i v e n ------------

8

127

5
39
3

8 4 ,9 7 9

72

5, 834

1

66

71

5, 768

S c h e d u le d v a r ia b le d a y s o f w o r k —

61

8 ,4 8 5

371

70, 660

247

206

50 4

N o r e f e r e n c e to s c h e d u l e d d a y s
o f w o r k --------------------------------------------

2, 7 2 8
394
5, 339
497
5, 726
217
5, 699

4 6 , 867

10

4
68

N o r e f e r e n c e to s c h e d u l e d w e e k l y
h o u r s ------------------------------------------------

---------------------

E m p lo y e e s

S p e c i f i c a l l y r e f e r r i n g to
s c h e d u l e d d a y s o f w o r k ---------------4 d a y s ------------------------------------------5 d a y s -------------------------------------------

101

1
21
12

A g re e m e n ts

S c h e d u le d d a y s o f w o r k

1 I n c l u d e s 1 a g r e e m e n t w i t h 60 h o u r s a w e e k ,
1 w i t h 6 3, 2 w ith
7 2 , a n d 1 w i t h 84 h o u r s .
2 A ll b u t 2 v a r y w e e k ly s c h e d u le s b y o c c u p a tio n w ith lin e p o lic e
o r f i r e f i g h t e r s h a v in g lo n g e r w o r k w e e k s th a n s p e c ia l is t s , te c h n ic ia n s ,
o r c l e r i c a l s , w h o o r d i n a r i ly h a d 4 0 - h o u r s c h e d u le s . L in e e m p lo y e e s
m o s t o f t e n h a d 4 2 , 4 8 , o r 56 h o u r s c h e d u l e s . In 2 a g r e e m e n t s w e e k l y
s c h e d u le s v a r ie d w ith in 7 - a n d 5 - w e e k c y c le s .

Table 17. Overtime and related provisions in police and fire agreements, 1972-73
A ll
a g r e e m e n ts
G o v e rn m e n t a c tiv ity
A g ree­
m e n ts

C o m p e n s a t o r y --------E q ^ a l --------d is tr ib u tio n
tim e fo r
of o v e r tim e
o v e r tim e
Em ­
Em­
Em ­
A g ree­
A g ree­
p lo y ­
p lo y ­
p lo y ­
m e n ts
m e n ts
ees
ees
ees

O v e r tim e
pay

Em ­
A g ree­
p lo y ­
m e n ts
ees

T o t a l ----------------------------------------

504

8 4 ,9 7 9

38 0

6 7 , 33 4

107

2 8 , 663

101

1 1 ,3 2 5

F i r e f i g h t e r s ------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e ----------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C i t y w i d e ---------------------------------------------

195
254

4 1 ,1 7 6
3 3 ,4 8 8
777
9 , 221
317

140
197
7
30

2 7 ,0 9 0
3 1, 901
21 7
7, 809
317

35
64

1 4 ,0 1 7
9, 861
34
4 , 640

43
44
4

111

4

7 , 51 2
3, 337
151
139
186

11

38
6

6

1
6
1

6

M eal
C a ll-in /
R ig* i t to
r e f u se
a llo w a n c e
c a ll- b a c k
o v e r tim e
in o v e r tim e
______ P a y
Em ­
Em ­
Em ­
A g ree­
A g ree­
A g ree­
p lo y ­
p lo y ­
p lo y ­
m e n ts
m e n ts
m e n ts
ees
ees
ees
T o ta l

-------------------------------------------------------------------

57

8

F i r e f i g h t e r s ------------------------------------------------------------------P o lic c
......
.........
. .

29
23

6

2

S h e riff s ' d e p u tie s

--------------------------------------------------------

3

, 689

21

, 918
1, 63 7
79
55

10
11

, 982

277.

47, 533

5, 090
5 , 892

117
130

2 7 ,2 8 7
1 6 ,4 0 1
183
3, 4 7 6
186

10

6
20

4

N O T E : N o n a d d itiv e .




A g r e e m e n ts m a y c o n ta in m o r e th a n

1 p ro v is io n .

Table 18. Outside employment provisions
in police and fire agreements, 1972-73
P ro v is io n

A ll a g r e e m e n ts
R e f e r e n c e to o u ts id e
e m p l o y m e n t -------------------------------P a i d p r i v a t e d e t a i l s 1 ------------O th e r th a n p a id p r iv a te
d e t a i l s 2 --------------------------------B o t h ----------------------------------------N o r e f e r e n c e to o u ts id e
e m p l o y m e n t --------------------------------

Em ­
A g ree­
p lo y ­
m e n ts
ees

504

84, 9 7 9

95
58

1 4 ,6 1 6
6 , 882

31
6

, 93 3
801

409

7 0 ,3 6 3

6

1 P a id p r iv a te d e ta ils r e f e r to p o lic e - o r
f i r e - r e l a t e d w o rk , s u c h a s f i r e w a tc h e s , s e ­
c u r ity g u a r d s , an d c ro w d c o n tro l a t s p e c ia l
e v e n ts , w h ic h a r e r e q u e s t e d by n o n g o v e r n m e n t
e m p lo y e r s a n d w h ic h a r e th e n a llo c a te d a m o n g
p ro te c tiv e s e r v ic e p e r s o n n e l by th e i r g o v e r n ­
m e n t e m p lo y e rs .
2 R e f e r s to o u ts id e ( n o n g o v e rn m e n t) e m ­
p lo y m e n t o th e r th a n p o lic e - o r f i r e - r e l a t e d
wo rk .




Chapter 6. Paid and Unpaid Leave

Voting time
Jury duty
Police court time
Holidays
Vacations
Paid personal leave
Sick leave
Sick leave conversion
Funeral leave
Military leave
Rest periods
Maternity leave of absence
Personal leave o f absence

Chapter 6. Paid and Unpaid Leave

Voting time

Provisions allowing time o ff for voting without loss
o f pay were found in only nine of the agreements studied.
(See table 19.) Permission to vote on government time
is considerably more widespread than indicated, and
conceivably is covered by statute in many jurisdictions.
The few clauses in the study typically urged employees
to vote during off-duty hours, if at all possible:
(50)

Any employee lawfully entitled to vote in any public
election shall be afforded, where reasonably necessary, a
sufficient amount of time off from duty without loss of
pay to cast his ballot at the required location. Employees
shall vote either prior to or subsequent to normal duty
hours where such is reasonably possible. Any leave so
taken shall be done only with the permission of the Chief
or other officer in charge.

Jury duty

Police and firefighters called to jury duty were allowed
time off with pay in 16 percent o f the agreements
studied. Again, the practice is probably more prevalent
than shown by these numbers. As a rule, provisions
stipulated that employees would receive the difference
between regular and jury-duty pay. The clauses also set
forth the conditions that employees had to meet to
qualify for pay, among them proof o f service and pay­
ments received. Under the terms o f some agreements,
employees were required to report back to work if
dismissed early and if time permitted:
(161)

(162)

Any regular employee shall be granted a leave of
absence with pay any time they are required to report
for jury duty or jury service provided they show evidence
of such proposed jury duty or service. Employees shall
be paid the difference between any jury duty compensa­
tion they receive and their regular wages for each day of
jury duty or service. Pay will be made upon presentation
of jury duty or service remuneration in the next regular
pay.
An employee who shall serve as a member of any
jury shall be permitted to be absent from his duties with­
out loss of pay and without charge against any leave. Pay
received for jury service shall be reported to the employer
and the salary of the employee shall be reduced by the
amount the employee received for jury service. If dis­




missed by the judge before noon, an employee on day
shift shall report back to work.

Police court time

Police and fire department employees may be re­
quired to spend time testifying in court on matters
related to their regular duties: Twenty-eight percent
of the agreements studied contained provisions govern­
ing aspects of such court appearances. (See table 19.)
If the appearance occurred during duty hours the em­
ployee received his regular pay. However, if he had to
appear during off-duty hours, he was eligible for call-in
pay, standby pay, overtime, a flat sum, or compensatory
time as specified. Some contracts guaranteed a mini­
mum number of hours of pay. Witness fees had to be
returned to the employer, and return to work after a
duty-hours appearance was also required. Because offduty appearances were particularly burdensome, one
provision expressed an intent to work out procedures
with the court to minimize them:
(163)

Each employee who may be required to attend the
Circuit Court or to meet with Court officials for any
purpose, and while off duty, shall receive ten dollars
($10.00) for each such appearance.

(164)

If any officer is subpoenaed to court, he shall be paid
at his regular rate of pay for the time spent if during his
regular shift. He shall be expected to work when not in
court. If such subpoena shall order him to court on a
pass day or other than his regular shift, the officer shall
be compensated [with call-in pay] or he shall receive
compensatory time off. . . . The subpoena must be as the
result of his activities as a police officer in order for this
paragraph to be considered binding. All moneys or fees
received by the police officer shall be given or assigned to
the City.

(149)

The City agrees to pay $17.50 for all duty related
to off-duty court appearances within the limits of Niagara
Falls, New York. If an officer makes a morning and
afternoon appearance in a day he will be paid separately
for each appearance except that the maximum payment
will be for two appearances. Court appearances outside
City limits will be compensated for at the rate of $25.00
for the day. This compensation will be considered to in­
clude reimbursement for mileage and tolls. Court appear­
ances as used here shall be considered to include all cases

handled during one attendance at City, Family, County'
and Supreme Courts; motor vehicle bureau hearings and
S.L.A. hearings.
(165)

day following Thanksgiving; one-half day before Christ­
mas; Christmas Day; half-day before New Year’s Day;
one-half day for annual employees picnic.

All officers below the rank of Lieutenant called to
attend court to carry out their duties as a police officer
during hours other than his or her regular hours of work
shall be paid for a minimum of 2 hours of work at one
and one-half of his regular hourly rate, and, in no event,
shall such officers be paid for less time than actually
spent in such court attendance. However, he shall be
paid at the rate of one and one-half of his regular hourly
rate for any time spent for court attendance when such
attendance occurs within one hour immediately before or
after his or her regular shift. It shall be the duty of all
officers to attend court at times and places as required
and to remain in attendance upon the court until dis­
charged by the court, or with the court’s permission, by
the party summoning the officer. When the officer has
responded as directed on the subpoena and is required to
stand by for a call from the court while the court is in
session at a place other than the court, he shall be com­
pensated [as if the time was emergency stand-by] . . . .
If any prescribed witness fee is payable . .. the same shall
be remitted to the City of Tucson.
The City agrees to work with the Magistrates Office in
an attempt to reduce the number of times the police
officers are called for court attendance on their regular
days off.

In recent years, the number of negotiated paid holi­
days has been increased by adding, instead of a fixed
day, a floating holiday which would provide time off
for a particular employee. Such a holiday could be an
employee’s birthday, or could be used for religious pur­
poses, or at a mutually convenient time for employee and
employer:
(167)

All full time employees in the bargaining unit shall be
granted the following holidays. . .

(168)

Those employees who work a regular 40-hour week
(as distinguished from those who work a 56-hour week as
noted above) shall receive the following paid holidays . ..
one day per calendar year to be taken at a time
mutually agreeable to employee and the City.

(169)

. . . A maximum of three additional personal holidays
may be granted upon request. These personal holidays
will include any religious days observed by an employee
that are not covered above. These three additional days,
whether considered religious holidays, or personal holi­
days, are not accumulative and cannot be applied to the
next fiscal period. Personal days shall be requested two
weeks in advance, except when specifically approved
by the Shift Commander.

the employee’s birthday.

Holidays

Provisions setting forth the number of paid holidays
for police and firefighters were found in three-quarters
o f the 504 agreements studied, which involved threefifths of the employees under these agreements. (See
table 20.) The proportions were lower than those found
in studies o f private sector collective bargaining agree­
ments. Again the explanation lies in the initial unilateral
establishment of such benefits which have not yet
carried over into the jointly negotiated agreement. The
number o f holidays stipulated in the contract varied
widely but over half the agreements, covering nearly
two-thirds o f the employees in the study, provided for
at least 10 holidays.4
Nearly one-quarter o f the agreements having holiday
clauses provided one half-holiday or more. Usually these
applied to the day before a major holiday such as
Christmas or New Year’s Day, but at times they in­
cluded time o ff for the employees’ annual picnic:
(145)

. . . All employees shall receive one-half (Vz) day of
time off for each of the following days in the year 1973:
Good Friday
Christmas Eve
New Year’s Eve

(166)

The regular paid holidays observed by the City are and
shall be: New Year’s Day; Good Friday afternoon; Memo­
rial Day; Independence Day; Labor Day; Thanksgiving;




Scheduling to adequately cover holidays in continuous
operations creates a problem. Among the solutions are
arrangements for compensatory time off or extra vaca­
tion time in lieu of holidays:
(170)

Each employee shall receive 12 compensatory days
off in each fiscal year in lieu of the following 12 legal
holidays: (1) New Year’s Day, (2) Lincoln’s Birthday,
(3) Washington’s Birthday, (4) Good Friday, (5) Memo­
rial Day, (6) Independence Day, (7) Labor Day, (8) Co­
lumbus Day, (9) Veterans’ Day, (10) Thanksgiving Day,
(11) Christmas Day, and (12) shall be a floating holiday.

(171)

The following holidays shall be paid holidays for all
firefighters: Memorial Day, Independence Day, Thanks­
giving, Christmas.
In lieu of the remaining holidays allowed to other em­
ployees of the City, the firefighters shall be entitled to
a vacation of one week, in addition to their regular
vacation.

Where firefighters work long duty shifts, holiday time
off may be granted by grouping more than 1 holiday
into the equivalent of a duty shift for which no work is
performed:
(84)

4

For those employees assigned to an average 56 hours
per week schedule, holiday leave will be granted by pro­
viding three (3) twenty-four hour tours of duty to

Election day was not counted as a paid holiday since it
was only a paid day o ff in election years. For a discussion o f pay
for holidays worked see p. above.

accommodate nine of the guaranteed holidays. Addi­
tional holiday eligibility will be provided through appro­
priate cash payments to be paid in December, annually.

Different employees covered by the same agreement
might be given varying numbers o f holidays, depending
on such factors as their rank or prior military service:
(172)

(173)

Employees under the rank of corporal shall be entitled
to ten (10) holidays in each calendar year. Employees of
the rank of corporal and above shall be entitled to seven
(7) holidays in each calendar year.
Pursuant to Section 63 of the Public Officers Law,
as amended, employees who are veterans as defined in
said Section shall also be entitled to a holiday on the last
Monday in May, known as Memorial Day; and the fourth
Monday in October, known as Veterans Day.

Vacations

Three-quarters of the agreements studied, covering
over three-fifths o f the employees, contained provisions
governing paid vacations. (See table 21.) Among the
vacation plans were nine which provided uniform bene­
fits for all employees, usually after 1 year o f service.
However, most plans were graduated and increased the
amount o f vacation time with the employees’ length
o f service:

Sick leave

Over three-quarters o f the agreements, covering threefifths o f the police and firefighters, referred to paid sick
leave. (See table 22.) Sick leave provisions usually set
forth the number of days that would be earned during
a given working period. Often, they stipulated the maxi­
mum number of days an employee could accrue and
carry over from year to year:
(179)

All sworn patrolmen shall accrue sick leave at the rate
of one and one-quarter (114) days per month of service
but not to exceed a total of 120 days.
(180)
The City of Menominee allows to each full time
regular employee, leaves of absence on account of sick­
ness as follows: Five days for each year of service after
the first year of service. One day per month after the
fourth year of service, accumulative to ninety working
days, in all departments except in the case of the Fire
Department.

In some cases, employees with good sick leave records
earned a bonus:
(34)

Three (3) bonus days will be added to the sick leave
bank if no sick leave is used in any twelve (12) month
period . . . .

Most of the provisions tried to prevent abuses by estab­
lishing reporting requirements and medical certification:
(181)

(174)

(175)

The paid vacation entitlement of all police officers
shall be as follows:

. . . During the period of his absence from work due
to his non-compensable illness or injury, an employee
will be paid from and to the extent of his Paid Time-Off
Credit.
An employee who falls ill or is injured and who
expects to be off work so as to use his Paid Time-Off
Credit, must notify the Officer-in-Charge as promptly
as practicable under the circumstances but, in any event,
no later than 8:00 o’clock A.M. of the day of his absence
from work. His failure to do so may result in denial of
his claim against his Paid Time-Off Credit.

(74)

A medical certificate may be required as evidence of
an employee’s illness or injury that prevented his attend­
ance at work, if the pattern of sick leave developed by
the employee indicated an abuse of the sick leave
privilege.

A paid professional firefighter shall earn two and onehalf (IVi) days paid vacation leave for each month of the
calendar year at the full amount of his salary or wages. The
vacation allowance provided for herein shall not be avail­
able to any firefighter who has not fulfilled one full year
of service. Vacation time shall not be taken prior to the
commencement of the fiscal year which occurs sub­
sequent to the year in which the vacation rights have
accrued.

After one year - one week
After two years - two weeks
After ten years - three weeks
After fifteen years - four weeks
After twenty years - five weeks
(178)

(174)

Each policeman shall be granted two (2) personal leave
days per year. Said days to be used for the purpose of
transacting personal business that could not be ordinarily
transacted during the working day. These personal leave
days shall be with pay. The policeman shall notify the
Chief as soon as possible of his request for a personal leave
day. Said personal leave days shall not be cumulative.
All paid professional firefighters are entitled to five
(5) personal days per year. A day is considered to be
twelve (12) hours, and is to be used only at a time
approved by the Commissioner, which said approval is
not to be arbitrarily or unreasonably denied.




Some clauses also clarified what injuries were not covered
and stipulated that days off would not be allowed as sick
days:
(182)

Sick leave will not be allowed when abuse is due to
use of narcotics, intoxicants, willful misconduct or illness
or injury due to self-employed or employed by other than
the Village.
Unused personal business days cannot be accumulated,
and are chargeable during the current fiscal year.

Over three-quarters of the agreements with vacation
provisions, covering a similar proportion of the em­
ployees, granted 4 weeks or more o f annual leave to

employees in the highest length-of-service categories. 5
While most agreements provided a maximum o f 4 weeks’
vacation, more workers were covered by agreements
where a maximum o f 5 weeks was stipulated. These
longer leave periods were often from agreements nego­
tiated with larger cities.
A few agreements provided added vacation time at
regular intervals for senior employees in addition to
their normal vacation:
(176)

Vacation regulation shall be as follows:
. . . After 10 years of employment, three weeks
paid vacation.
After fifteen years three weeks paid vacation and
four weeks paid vacation twice during the 5-year
period between 15 and 20 years.
Beginning with the 20th year of employment 4 weeks
paid vacation.

In addition to details on length of service required,
provisions often contained regulations on the scheduling
o f vacations. Clauses usually stipulated that time off
would be distributed so as not to impair operational
efficiency, for example, by preventing too many em­
ployees on the same assignment from being absent at
the same time:
(147)

No two officers with the same classification on the
same shift or assignment shall be granted vacation at the
same time unless approved by the Director of Public
Safety.

Within this limit, vacation time could be selected
by the employee, usually on a seniority basis:
(177)

Eligibility for vacations shall be based upon the anni­
versary service date of the employee. Selection of a parti­
cular vacation period shall be based upon seniority and in
accordance with departmental rules. Employees shall be
allowed to take part of their vacation at one period and
the remainder at another period. Civilian employees'
vacations shall not interfere with vacations of classified
police officers.

Other provisions either required or encouraged em­
ployees to use their leave, on the theory that vacations
are necessary to give them a needed break from their
duties:
(154)

. .. Firefighters are required by law to take a minimum
of two weeks vacation annually.

(113)

To encourage employees to take vacation annually,
vacation carried over from one calendar year to the next
shall not exceed the equivalent of one year’s earned vaca­
tion plus five days for 40-hour work week personnel.

Paid personal leave

A small number o f agreements provided employees
with paid personal leave days 6 to be used by employees
as they saw fit, often to conduct personal business which




they were unable to do on weekends or holidays. (See
table 23.) Because o f protective service scheduling prob­
lems, employees were usually required to notify the em­
ployer prior to taking a personal leave day. Such days
were to be refused only for good cause:
(183)

Sick leave shall not be granted for illness on a sched­
uled leave, vacation, leave of absence or other scheduled
day off.

Where an employee had used all o f his earned sick
leave, one unusual clause allowed other members of
the bargaining unit to work for the employee; in another
clause, bargaining unit members were permitted to trans­
fer their own sick leave to an employee who had ex­
hausted his sick leave:
(184)

The firefighters will have the right to work for any
member of the bargaining unit who is unable to work
due to accident or illness, without further cost to the
City, subject to the Chiefs approval.

(185)

Members of the Department shall have the right
to transfer from their sick leave account any number of
days they may wish to another member’s sick leave ac­
count, with the approval of the superintendent of the
Department and the president of the union.

Sick leave conversion

Despite efforts to prevent abuses o f paid sick leave, it
is nearly impossible to closely monitor a provision of
this kind. Conversion rights, however, give employees an
incentive for maintaining favorable sick leave balances.
Sick leave conversion clauses were found in over
44 percent of the agreements with sick leave provisions.
(See table 22.) One arrangement allowed employees to
draw upon sick leave for personal leave days:
(116)

Command Officers may draw upon their regular sick
leave bank for one personal business day— and two
days which shall not be chargeable to any other leave.

In some cases, conversion was only permitted if the em­
ployee had accumulated a minimum specified amount
of sick leave:
(114)

All employees shall be entitled to 15 days sick leave
per year to accumulate at the rate of VA days per month,
up to a maximum of 160 days. Accumulated sick leave in
excess of 160 days shall be converted to personal time off

5 Vacation provisions found in police and fire agreements
set forth allowances not only in units o f weeks, but in units o f
days and workdays which were often related to the longer days
found in protective service schedules. Units o f days and workdays
were recalculated and converted to weeks o f vacation for study
purposes.
6 Leaves o f absence for person reasons— generally given
for longer time periods than the type o f leave discussed here—
are covered on pp.

at the rate of 5 full days of excess sick leave for one per­
sonal day off. Personal time off acquired in this manner
shall be taken in the year it is accumulated where practic­
able and in any event not later than 90 days after the end
of the year in which such personal time off accrues.

More commonly, conversion clauses provided employees
with pay for their accumulated sick leave upon their
retirement, either paying for the leave in full or for a
specified percentage o f the accumulated leave:7
(186)

(187)

All permanent full-time policemen shall be entitled to
100 percent of unused sick leave as severance pay, with
a maximum of 120 days, upon retirement or if they
become disabled and must terminate their employment,
with written proof by a physician. In the event of death,
severance pay shall be paid to the beneficiary.

visions generally included a definition of the family and
stipulation of the maximum days of leave that could be
used. Variations existed within these general provisions.
For example, the scope of family could be either nar­
rowly or broadly defined, and the number of days of
leave differed accordingly:
(189)

Funeral leave shall be granted to Regular Officers up
to a total of three (3) days in the event of each death in the
immediate family, immediate family being defined as
parents, spouse, brother, children, sister, father-in-law
mother-in-law or any relation who is domiciled in the em­
ployee’s household. Total leave of one (1) day shall be
granted for deaths of other close relatives of the employee
or his spouse.

(190)

An employee shall be entitled to four (4) consecutive
working days per funeral to make preparations for and
attend the funeral of an immediate member of his family
within 300 miles of the City of Inkster. An immediate
family member for this purpose shall be deemed a hus­
band, wife, children, parents, brother, sister or parent-inlaw. An employee shall be entitled to three (3) consecu­
tive days for the funeral of a brother-in-law, sister-in-law,
grandparents, grandchildren, if within 300 miles of the
City of Inkster. One (1) day shall be allowed in the event
of the death of an aunt or uncle. One (1) additional day
for travel will be given for any such funeral being held
over 300 miles distance. Proof of death must be submitted
to the City within ten (10) days of return of an employee
upon request of the Chief of Police.

Each officer and Fire Department driver shall, at the
time of retirement, receive 50 percent of his accumulated
sick leave credit in cash.

In a more limited number o f instances, the agreement
permitted a retiring employee to use accumulated sick
leave credits to continue his insurance or hospitalization
coverage:
(178)

In addition to the foregoing, each member of the
Association, upon retirement, shall be entitled to have
credited toward the payment of hospitalization his ac­
cumulated sick leave to the extent permitted by resolu­
tion of the Common Council.

Other arrangements provided for conversion to personal
leave for an illness in the family, or to supplement
workers’ compensation benefits:

Some clauses authorized leaves for employees to
participate in the funeral service of a fellow employee
or in the event of the death o f a member o f the armed
services:

(20)

(191)

Any employee selected to be a pall bearer for a
deceased City employee will be allowed one (1) funeral
leave day with pay, not to be deducted from sick leave,

(192)

The military funeral leave benefit shall remain un­
changed as follows:

(188)

A firefighter may use sick leave with pay for absence
necessitated by injury or illness. In the event a firefighter’s
wife, children or other members of his family living at
his residence are injured or ill in such manner as to require
the firefighter’s presence, such firefighters may use up to
one (1) day of his accumulated sick leave credits per
incident. This latter provision is to allow the firefighter
time to make arrangements for the care of the injured
or ill person or for the care of his children in case his
wife is injured or ill. . . .
The City will allow an employee on workmen’s com­
pensation to make up the difference between workmen’s
compensation and his normal net rate of pay (less Federal,
State, and City Taxes) by drawing on his accumulated
sick leave or holiday leave bank.

Funeral leave

Three-fifths o f the agreements, covering more than 40
percent of the employees studied, provided paid leave for
attending funerals. (See table 22.) The most common
provision permitted paid leave in the event o f death
in the employee’s immediate family. Funeral leave pro­




Permanent full-time employees shall be allowed to
attend military funerals of veterans without loss of
pay when a request for the leave is made by a proper
veterans’ organization that the service of such officer
or employee is desired for the proper conduct of a
military funeral.
Military leave

Leave for short-term military service, such as special
duty or summer camp, was provided in 23 percent of
the agreements. (See table 22.) The clauses differed in
the duration and amount of pay. Some agreements in­
dicated that the employees would be on full pay while
7
For further discussion o f terminal leave and bonuses on
retirement, see p.

others paid the difference between their pay for such
duty and their regular wages:
(193)

(194)

Any permanent police officer who is a member of the
National Guard or an organized military reserve com­
ponent of the United States will be entitled to a leave of
absence not to exceed a total of ten (10) workdays in
any one (1) calendar year during which time he shall
be paid his regular salary rate. In order to receive payment
of salary rate, a police officer must file a copy of his
orders with the Personnel Department prior to his leave.
For training periods beyond ten (10) workdays, each
year, while leave shall be granted, the County shall not
be liable for salaries.
Any permanent police officer who is a member of the
Delaware National Guard and who is ordered to perform
emergency duty under the supervision of the United
States Government or the State of Delaware shall be
granted a leave of absence during the period of such
activity. Any such police officer shall receive the pay
differential in the amount by which the employee’s
normal salary, calculated on the basis up to a maximum
of forty (40) hours, which the employee has lost by
virtue of such absence, exceeds any pay received from
the State of Delaware.
Leaves of absence shall be granted to employees who
are active in the National Guard or a branch of the Armed
Forces Reserves for the purposes of fulfilling their annual
field training obligations and when called out due to
temporary civil disturbances. Applications for leaves of
absence for such purpose must be made as soon as possible
after the employee’s receipt of his orders. Employees
who are ordered to report for annual field training or
called out due to temporary civil disturbances hereunder
and who present evidence that they reported for and
fulfilled such obligation, upon presenting evidence as
to the amount of compensation received from the govern­
ment, shall be paid the difference, if any, between what
they received in the form of pay therefor, and what they
would have received from the employer had they worked
during such period. The compensation thus paid by the
employer shall not exceed the difference in pay for a
period of two (2) weeks (ten regularly scheduled working
days in any one (1) calendar year).

Rest periods

In addition to clauses providing for time off away
from the job, some o f the agreements granted time off
during the day for rest periods or coffee breaks without
loss o f pay. These provisions were found in 8 percent of
the agreements (table 22), considerably below their
prevalence in general municipal agreements (19 per­
cent). 8 Typically, the provision would indicate the
frequency and duration o f such breaks, such as a
10- or 15-minute break every 4 hours:
(66)

All employees shall be entitled to two (2) fifteen
minute rest periods or coffee breaks during each shift.
A lunch period shall not be considered a rest period or
coffee break period.




Rest periods are, of course, more widespread than
the data indicate. The nature o f police and firefighter
duties lends itself to informal arrangements which are not
necessarily negotiated into the agreements. Actual time
spent in fighting fires, for example, does not usually
comprise an entire duty shift, leaving some time avail­
able for irregular rest periods while performing station
house duties.
Some provisions attempted to regulate existing prac­
tices by limiting time or warning against abuse:
(195)

It has been customary to take a fifteen (15) minute
“coffee break” in the morning and afternoon on each
day or the first half and second half of a regular shift,
whichever may apply. In the City services, employees
are under constant observation. The following policy
shall apply:
A. There shall be no accumulation of coffee break
time.
B. Police Department employees may take a fifteen
(15) minute “coffee break” in the A.M. and also
a fifteen (15) minute “coffee break” in the P.M.
or the first half and second half of a regular shift,
whichever may apply.
C. It is suggested that much discretion be used
regarding “coffee breaks” to avoid criticism and
loss of production.

Maternity leave of absence

Maternity leave provisions were found in 11 percent
of the agreements studied. (See table 23.) For the most
part, these were concentrated in police and sheriff
department agreements. Women in these departments
held not only a greater number of clerical jobs than in
fire departments, but were employed in an increasing
number o f professional positions as well. While there are
women who are professional firefighters, their number is
still quite small.
Maternity clauses typically stipulated the duration of
leave, which varied greatly. They also contained admini­
strative details covering such matters as advance notice
of leaving and returning dates, as well as requirements
for medical certificates or examinations:
(196)

g

Permanent female employees shall be allowed to take
a six (6) month leave of absence due to pregnancy. Such
leave of absence shall be without pay, but shall not affect
continuous service. If at the end of six (6) months, the
employee has not requested reinstatement, her employ­
ment shall be terminated and her name placed on the
eligible list for re-employment. Whenever an employee
shall become pregnant, she shall furnish her department
and the Department of Personnel, within two (2) months
of her pregnancy, a certificate from her physician indicat­
ing the approximate date of delivery and stating any re-

Municipal Collective Bargaining Agreem ents in Large
Cities, Bull. 1759 (Bureau o f Labor Statistics, 1972).

strictions on the nature of work she may be able to do
and the length of time she may be able to work. With her
physician’s approval, she may be allowed to work until
two (2) months before the expected date of delivery.
(197)

for a period not to exceed six (6) calendar months in any
one calendar year. All requests must be made in writing
and approved by the Sheriff. A personal leave of absence
may be granted in cases of illness in the immediate family,
to attend an educational institute, or for other reasons
deemed justifiable by the Sheriff. All personal leaves of
absence shall be without pay and the employee will not
accumulate sick leave or vacation time, nor will the em­
ployee be paid for holidays which may fall during his/her
leave.
When a leave of absence is granted for more than
thirty (30) calendar days for whatever reason (other than
a medical leave) the Sheriff does not guarantee that the
employee will be reinstated in his former position.
However, every effort will be made to place the employee
in a position for which he/she is qualified. If no positions
are available, the employee will be given top consideration
as job openings occur in line with their qualifications
During the period of absence, the employee shall not
engage in gainful employment and must pay BC/BS and
Life Insurance premiums to the County Clerk’s office to
keep the policies in force.

Respective Boards and Commissions shall grant to
employees maternity leave not to exceed ninety (90)
calendar days. Maternity leave granted by respective
Boards and Commissions shall be without pay. No bene­
fits shall accrue during maternity leave. It is expressly
understood that employees returning to work after being
granted maternity leave, shall be required to submit a
doctor’s certificate, certifying that the employee is able
to perform her normal duties. Should the employee fail
to return to work after the ninety (90) calendar days have
elapsed, the position shall be considered vacant.

Personal leave of absence

Unpaid leaves o f absence for personal reasons were
included in over one-quarter o f the agreements. (See
table 23.) Leave o f absence differs from personal leave
days in that it is not a specific right; rather, it is granted
at the discretion of the employer. In addition, such leaves
are without pay and are generally o f longer duration than
personal leave days. They allow employees to be away
from the job for extended periods while attending to
family or other pressing matters without sacrificing
reemployment rights:
(198)

An employee may request a personal leave of absence




(199)

Employees may be granted a personal business leave
of absence without pay in cases of exceptional need such
as: settlement of an estate; serious illness or disability
of an employee or member of his family; and temporary
termination of work which will not adversely affect the
operations of the Police Department. All such personal
business leaves of absence shall be subject to whatever
documentary evidence the Police Chief and Personnel
Director may require and shall be granted for periods
not longer than 90 days unless extensions are approved
at the discretion of the Police Chief and Personnel
Director.

V o tin g t i m e

A ll a g r e e m e n ts

P o lic e c o u r t tim e

J u r y d u ty

G o v e rn m e n t a c tiv ity
A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

A g re e m e n ts

E m p lo y e e s

--------------------------------------------------------------

504

84, 9 7 9

9

010

141

2 0 , 61 7

82

6

F i r e f i g h t e r s -----------------------------------------------------------P o l i c e ----------------------------------------------------------------------P o l i c e a n d f i r e ------------------------------------------------------S h e r i f f s ' d e p u t i e s --------------------------------------------------C it y w i d e -------------------------------------------------------------------

195
254

4 1 , 176
33, 4 8 8
777
9 , 221
317

6
2

730
30

11

30
34
5

1

1, 25 0

6

3, 3 1 8
1 6, 00 3
355
941

10

3, 2 4 2
2, 0 2 3
383
645

-

-

-

-

3

222

T o ta l

NOTE:
v is io n .

11

38
6

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n

2

_

,

_

119
5

, 515

1 p ro ­

Table 20. Paid holiday provisions in police and fire agreements by government activity, 1972-73
T o ta l
N u m b e r of p a id h o lid a y s

A ll a g r e e m e n ts

-------------

T o ta l w ith h o lid a y
p r o v i s i o n s ---------------------F e w e r t h a n 6 d a y s ----------------6 d a y s 1 ------------------------------------7 d a y s 2 ------------------------------------8 d a y s 3 ------------------------------------9 d a y s 4 ------------------------------------1 0 d a y s 5 -----------------------------------1 1 d a y s 6 -----------------------------------1 2 d a y s 7 ----------------------------------13 d a y s 8 ----------------------------------14 d a y s
-----------------------------------

P o lic e

F ir e fig h te r s

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

504

8 4. 9 7 9

195

4 1 , 176

254

3 3, 4 8 8

378

51, 973

138

2 5 , 878

199

17
9
9

60 5
976
375
845
25 5
43 2
521
801
50
18

8
8

25
22

37
52
64
56
77
39
5
1

4,
1,
1,
5,
5,
4,
21,
7,

902
360
592
194
16 4
95 3
133
140
51 7
18

20
21

18
27
15
1
1

2,
3,
1,
13,
2,

40
35
46
19
3

1 3 a g r e e m e n ts h a v e an a d d itio n a l h a lf- h o lid a y ;
6 a g r e e m e n ts ,
2
h a lf- h o lid a y s ; an d 6 a g r e e m e n ts , 3 h a lf- h o lid a y s .
2 4 a g r e e m e n ts h a v e an a d d itio n a l h a lf - h o lid a y ;
8 a g r e e m e n ts ,
2
h a l f - h o l i d a y s ; 13 a g r e e m e n t s , 3 h a l f - h o l i d a y s ; a n d 1 a g r e e m e n t , 4 h a l f ­
h o lid a y s .
3 6 a g r e e m e n ts h a v e an a d d itio n a l h a lf - h o lid a y ;
8 a g r e e m e n ts ,
2
h a lf - h o lid a y s ; an d 4 a g r e e m e n ts , 3 h a lf - h o lid a y s .
4 4 a g r e e m e n ts
h a v e a n a d d itio n a l h a lf - h o lid a y ; 1 a g r e e m e n t, 2
h a lf- h o lid a y s ; an d 2 a g r e e m e n ts , 3 h a lf- h o lid a y s .

A g ree­
m e n ts

E m p lo y ­
ees

S h e riffs ' d e p u tie s
A g ree­
m e n ts

E m p lo y ­
ees

C it y w i d e
A g ree­
m e n ts

E m p lo y ­
ees

11

77 7

38

9. 221

6

317

2 2, 560

8

434

27

2, 7 8 4

6

317

4, 2 9 7

_

162

1
2

_
56
49
329
-

19
21

'




P o lic e an d f i r e

E m p lo y ­
ees

A g ree­
m e n ts

1,
1,
3,
7,
2,

927
60 3
769
371
356
937
13 8
'

5

_
4
6

-

-

-

5
_
3
4
4

-

-

1

'

*

'

-

_
166
192
391
150
256
1, 300
329
“

_
1
1

3
1
-

_
49
26
140
_
_
102

-

-

‘

5 3 a g r e e m e n ts h a v e an a d d itio n a l h a lf - h o lid a y ;
2 ag reem
h a lf- h o lid a y s ; 1 a g r e e m e n t, 3 h a lf- h o lid a y s ; an d 1 a g r e e m e n t,
h o lid a y s .
6 4 a g r e e m e n ts h a v e a n a d d itio n a l h a lf - h o lid a y ;
4 ag reem
h a lf- h o lid a y s ; an d 3 a g r e e m e n ts , 3 h a lf- h o lid a y s .
7 1 ag reem en t h as
a n a d d itio n a l h a lf - h o lid a y ; 4 a g r e e m
h a lf - h o lid a y s ; an d 3 a g r e e m e n ts , 3 h a lf - h o lid a y s .
8 1 a g r e e m e n t h a s a n a d d itio n a l h a lf - h o lid a y .

e n ts , 2
4 h a lf­
e n ts ,

2

e n ts ,

2

Table 22. Selected payments for time not worked in police and fire agreements,
1972-73
A g ree­ E m ­
m e n ts p lo y e e s

P ro v is io n

S ic k l e a v e
A ll
a g r e e m e n ts

P e r s o n a l le a v e
C o n v e rs io n
to o t h e r l e a v e
o r pay
A g ree­ E m ­ A g ree­ E m ­ A g ree­ E m ­ A g ree­ E m ­
m e n ts p lo y e e s m e n ts p lo y e e s m e n ts p lo y e e s m e n ts p lo y e e s

G o v e rn m e n t a c tiv ity
A l l a g r e e m e n t s ----------------R e f e r e n c e to v a c a t i o n s

-------------

R e f e r e n c e to m a x i m u m
v a c a t i o n --------------------------------------L e s s t h a n 2 w e e k s ---------------2 w e e k s -----------------------------------3 w e e k s -----------------------------------4 w e e k s -----------------------------------5 w e e k s -----------------------------------M o r e t h a n 5 w e e k s 1 ------------R e f e r e n c e to m a x i m u m
v a c a tio n ; in s u ffic ie n t
d e t a i l g i v e n --------------------------

504

8 4 ,9 7 9

378

5 3 ,4 1 4

3 67

66
8

4 9 , 307
54
1, 3 4 4
5, 249
16, 156
2 4 ,6 0 1
574

9

1 ,3 2 9

11

4 , 107

126

3 1 , 565

T o ta l

----------

5 0 4 8 4 ,9 7 9

396

5 0 ,4 3 6

176

1 9 ,9 8 0

49

6 ,3 8 5

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e ---------------------------------S h e r i f f s ' d e p u t i e s -------------------------------------C i t y w i d e -----------------------------------------------------------

195 4 1 , 176
2 54 3 3 , 4 8 8
11
777
38
9 , 221
317
6

146
205
9
30

1 9 ,4 9 3
2 2 ,5 0 0
710
7 ,4 1 6
317

62
91
5
13
5

, 856
11, 515
558
783
268

17
28

1, 113
4 , 902
67
3 03

T o t a l -----------------1

9
60
214

----------

-

6

F u n e r a l le a v e M ilita r y le a v e
30 7

No re fe re n c e

to v a c a t i o n s --------

In c lu d e s 2 a g r e e m e n ts h a v in g a m a x i­
m u m v a c a tio n a llo w a n c e o f 5 7 2 w e e k s , 4 o f 6
w e e k s , a n d 2 o f 6 V2 w e e k s .

F ir e f ig h te r s

—

-

P o l i c e a n d f i r e ----------------------------------------------------------------------------i f f p * d e p u tie s - ■
~
C i t y w i d e ----------------------------------------------------------------------------------------------

3 5 , 23 2

115

118
157

T o ta l
R e f e r e n c e to v a c a t i o n s ; n o
r e f e r e n c e t o m a x i m u m ----------

6

1 8 ,5 3 3
1 3 ,3 2 3
412
2 , 69 6
268

41
61
4

8

19
5

12,

8
1

041

39

2 ,4 3 7

3

300
1, 581
156
103
297

NOTE:
N o n a d d itiv e .
A g re e m e n ts m ay
c o n ta in m o r e th a n 1 p r o v is io n .

Table 23. Personal and maternity leave provisions in police and fire agreements, 1972-73
L eaves

of a b se n c e s

A ll a g r e e m e n ts
M a te r n ity

P e rso n a l

A g re e m e n ts
504

T o ta l
F i r e f i g h t e r s ------------------------------------------------P o l i c e ------------------------------------------------------------P o l i c e a n d f i r e -------------------------------------------S h e r i f f s ' d e p u t i e s ----------------------------------------C it y w i d e --------------------------------------------------------

th a n

N O T E : N o n a d d itiv e .
p ro v is io n .

1




A g re e m e n ts

E m p lo y e e s
8 4 ,9 7 9

54

5 ,2 3 7

138

1 3 ,8 5 4

195
2 54

4 1 , 176
3 3 ,4 8 8
777

4
31
5

645
3 ,4 9 3
405
554
140

51
76

5, 546
7 ,4 6 6
25 1
522
69

11

38
6

m a y c o n ta in m o r e

9,2 2 1

3 17

A g re e m e n ts

11

3

E m p lo y e e s

A g re e m e n ts

2

7
2

R e s t p e r io d s

4 ,4 8 1
6 , 83 8
345
368
9

1

G o v e rn m e n t a c tiv ity

2
2

E m p lo y e e s

22

4
5
5

Chapter 7. Pension and Insurance Benefits




Pensions
Benefits at retirement
Health benefit and life insurance plans
Line-of-duty provisions
Disability pay and retirement
Survivors’ benefits
Liability protection

Chapter 7. Pension and Insurance Benefits

The physical and emotional pressures inherent in the
jobs o f protective service personnel and the hazards they
must continually face make these workers more con­
cerned with insurance benefits and pensions, perhaps
than those in other less demanding occupations. In view
o f this concern, the prevalence o f insurance and pension
benefits in collective bargaining agreements, discussed
below, will seem surprisingly low. However, as in so
many other instances, such benefits antedated collective
bargaining and in many cases presently remain outside
of the agreement, continuing as unilateral benefits spelled
out in statutes, ordinances, personnel policies, etc.
The allowances fall into two categories: traditional
b e n e fits— sp ecifica lly , p en sio n , h ealth , and life
insurance— and specialized benefits available to police
and firefighters who suffer onduty injuries. In addition,
there are essentially unique provisions such as liability
protection for protective service employees.

(200)

Pensions

Fifty-two percent of the protective service personnel
in the study were covered by provisions referring to pen­
sions. (See table 24). This proportion understates the
actual degree to which retirement benefits are available
to safety personnel. Retirement benefits are often pro­
vided for outside of the negotiated agreement, at times
in State-established programs to which local jurisdictions
subscribe. For this reason, not all union negotiators
choose to refer to these pension arrangements in their
collective bargaining agreements. Where pensions are
mentioned, it is usually to give the employee organiza­
tion some leverage in discussions with management or to
permit the union to go on record with its position. In
some cases the retirement plan was incorporated by a
simple statement sufficient to make some pension dis­
putes grievable matters, or at least subject to union
inquiry and involvement. The bulk dealt only with pen­
sion plan financing, specifically, with the amount o f the
employer contribution:
(191)

The parties agree to adopt the Michigan Municipal Re­
tirement System plan C-l.




RETIREMENT: The City shall pay in full the em­
ployees contribution to the Wisconsin Retirement Fund
for the duration of this contract which at the time of
execution amounts to a contribution of seven and onehalf percent (1Vi%) of the initial Seven Thousand Eight
Hundred Dollars ($7,800.00) and eight percent (8%) of
the balance of Seven Thousand Eight Hundred Dollars
($7,800.00) based upon the employee’s annual salary
as set forth in this agreement. All such payments of con­
tributions made by the City shall be reported to the
Wisconsin Retirement Fund in the same manner as though
deducted from the earnings of participating employees.
These payments of contributions made by the City shall
be available for all retirement fund benefit purposes to
the same extent as normal contributions which were
deducted from the earnings of participating employees,
it being understood that such payments made by the City
shall not be considered municipality contributions. The
City will also continue to make the same contribution to
the Fire Pension Fund (Section 62.13 (9), Wisconsin
Statutes), for those employees presently under that plan.
The City shall also pay all employees under the retire­
ment provisions of Wisconsin Statutes 62.13 an addi­
tional three and one-half percent (3V2%) of their normal
gross wages for the classification held in order that said em­
ployees shall receive total compensation and fringe bene­
fits approximately equal to those employees under Wis­
consin Statutes 66.90.

In one contract, a recently enacted retirement plan
was adopted and financed in part through the assistance
of employees. An agreement was made to exchange half­
pay for accumulated sick leave, which normally would
have been awarded to the employee upon retirement. Or,
had a person died while still employed, the amount
would have been applied toward his estate:
(201)

The retirement program established by the California
Legislature in 1968 for members of the California High­
way Patrol shall be adopted for City of Burbank for all
safety employees . . . The safety personnel agree to ex­
change for this new retirement plan, when the plan
becomes effective, one-half pay for accumulated sick
leave on retirement or death . . .

In a few instances, provision was made for early re­
tirement, requiring the employee to reach a given age and
achieve a minimum length o f service; other agreements
only specified a minimum length of service. Among these
early retirement provisions, one stipulated a mandatory

retirement age o f 60, well below what is normally found
in industry. This is probably linked to the intense phys­
ical and emotional demands placed upon those engaged
in safety occupations. The infrequent reference to early
retirement, again, is attributable to the inclusion of such
provisions in the retirement plan rather than the broad
pension provision within the body o f the contract:
(202)

The City agrees to continue to participate in the
Maine State Retirement System.
The City shall provide a pension option to employees
covered by this agreement . . . whereby an employee
covered by this agreement may retire at one-half salary,
regardless of age, after 20 years as a police officer and
having completed 20 years in the Maine State Retirement
System, which benefit shall be based on the annual
rate of salary being paid such individual at point of
retirement, or the gross amount earned in the immedi­
ately preceding 12 months, whichever is greater. All
adjustments to retirement allowances under this option
shall be through the Retirement Allowance Adjustment
Fund only.

(203)

Effective July 1, 1967, the City adopted a pension
plan for employees, being Option B-l, and agrees to
maintain said plan during the life of this agreement, pro­
vided that effective July 1, 1976, an employee who has
25 years of service with the City and who has attained
the age of 55 years, may at his option, retire with full pen­
sion. Effective July 1, 1976, any employee who attains
the age of 60 years shall retire on a mandatory basis.

Once negotiated, a pension plan is not unalterable.
Pension plans, even though well-conceived intially may
nevertheless require modification in response to trends
in retiree needs, changes in economic conditions, and
new pension plan features. One agreement, for example,
stipulated that the contract would be reopened to modify
a plan after actuarial studies were made to determine
the costs o f several new features:
(41)

. . . The Town and union shall make a joint request
of the Pension Committee to appropriate the necessary
funds forthwith to finance an actuarial study on the
following items:

payment, or a provision o f time off immediately before
or after retirement. In other instances, contracts pro­
vided “terminal leave” or “retirement bonuses.” In all
three arrangements, the concept is essentially the same;
namely, the provision of an extra payment, equivalent to
severance pay, to retiring safety personnel as an attempt
to help them over the initial financial problems that they
might encounter in their transition from an active work
life. As a rule, the provisions stipulated the amount of
pay or time that the retiring employee would receive
and how the pay would be calculated. Some limited
allowances to personnel who had already reached mini­
mum length-of-service requirements.
In the case o f sick leave conversion, payments were
made from funds originally established for use in case of
illness or recovery from an accident during the retiree’s
working life. Thus, there was a transfer o f already allo­
cated but unused funds. Ordinarily the conversion did
not exchange sick leave for retirement pay on a one-toone ratio, but provided fewer days for retirement than
were available in the employee’s accumulated sick leave
account:9
(172)

Terminal leave or retirement bonus payments usually
were graduated arrangements related largely to length
of service, but occasionally graduation could be linked
to months o f work during the last year o f employment:
(135)

1. Cost of changing base from existing average of
prior 48 months to the highest 12 months.
2. Cost of retirement after 20 years at 50% of salary.
3. Cost of including an escalator clause granting 50%
increase of negotiated salaries.
4. Cost of Town paying insurance premiums for all
retirees.

Benefits at retirement




Firemen shall be granted terminal leave with pay pre­
ceding their effective date of retirement as follows:
(a) After twenty years of service - one month
terminal leave.
(b) After thirty years of service - two months
terminal leave.
Effective June 1,1975:
After twenty years of service-two months terminal
leave.
Employees may elect to receive lump sum payment
after the effective date of retirement for such terminal
leave to which he may be entitled provided the State
Retirement System shall not consider such payment to
be compensation for the computation of retirement
benefits.

Upon receiving the above information, the Town and
and the union shall commence negotiations on pensions, it
being understood that if any changes are negotiated, such
changes will occur no sooner than April 1,1974.

As discussed previously, accumulated sick leave may
be converted into a number o f uses, among them a cash

Retiring employees shall be entitled to terminal leave
pay consisting of one quarter day’s pay for each day of
accumulated and unused sick leave, at the then current
salary rate of the retiring employee, all of such rates of
pay to be determined at the regular straight time rate.
Payment of such terminal leave pay will be made by the
City within 30 days after the date of retirement of such
employee. In the event of the death of an employee prior
to retirement, the widow or estate of such employee shall
be entitled to receive such terminal leave pay as would
have been due to such employee had he retired at the
date of death.

9

For a more complete discussion o f sick leave conversion,
see p. above.

(204)

Employees who, after five (5) years of service with
the City, terminate their employment voluntarily or have
reached the mandatory age of retirement shall be entitled
to terminal pay at the rate of one and one-quarter (VA)
days for each full calendar month that they shall have
been employed during the fiscal year in which they
terminate their employment.

Some bonus arrangements provided for an additional
sum, obtained from converting unused sick leave:
(205)

An employee who retires, having completed the re­
quirements for age and service will receive an apprecia­
tion bonus equal to two months’ salary. Up to one addi­
tional month’s bonus pay can be obtained by converting
unused, accrued sick leave over the conversion level on a
two-for-one basis and sick leave below the conversion
level at the rate of three-for-one but in either instance not
to exceed one month’s salary.

Health benefit and life insurance plans

References to health benefit plans were found in more
than four-fifths of the agreements studied. (See table 24.)
Ordinarily these plans cover hospital, surgical, medical,
and major medical costs, but in recent years new features
have been added which include payment o f dental, opti­
cal, and drug bills. Plans are most often noncontributory,
although in some cases protective personnel paid some
plan costs. As a rule, dependents were covered, and
a few contracts extended benefits to retired police and
firefighters.
With few exceptions, clauses focused on financing
and plan coverage and gave no details of specific benefits:
(207)

The G ty shall pay all of the premium of hospitaliza­
tion and surgical group insurance for employees and their
immediate families.

(208)

The City will for the period July 1, 1972 to June 30,
1975, pay to one of the hereinafter designated insurers,
up to a maximum of $16.00 per month for each full
time employee in this unit who is eligible for, and a sub­
scriber to, hospital and medical benefits provided by
(1) Hospital Service of California under Agreement No.
7719 with City; or (2) Kaiser Foundation Health Plan,
Inc. under agreement with City, Group No. 887; or
(3) any agreements substituted therefore by City for
the individual subscriber’s coverage in such plans.

(209)

Group hospital, surgical, major medical and out­
patient and diagnostic coverage shall be provided for
employees. The City will pay the premiums for em­
ployee’s coverage up to the dollar amount listed below.
Family Coverage will be available to those employees
desiring it and being eligible for such coverage. The
City shall pay toward the family or single plan up to

One graduated bonus plan also provided the pensioner
with a departing gift— a wrist watch or, optionally, his
service revolver:
(206)

All employees who have ten or more years of service
and are eligible to retire with a pension, shall receive upon
retirement, a wrist watch valued at an amount not to ex­
ceed $50.00, including the cost of engraving, of his
service revolver.
Employees who have reached age 55 will be eligible
for retirement bonus under the following schedule upon
retirement:
Years o f Service

Bonus Payment

20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

$100
$120
$140
$160
$180
$200
$225
$250
$275
$300
$325
$350
$375
$400
$425
$450
$500
$550
$600 Maximum

A unique retirement gift was offered in one agreementaccess to city recreational boating facilities:
(34)

Upon retirement, each former full-time employee
shall receive a regular permit for himself and his immediate
family and be afforded the opportunity to rent a boat
dock space in accordance with the City Ordinance govern­
ing same at the time.




$17.16 per biweekly pay period ($446.16 per year).

Agreements also referred to increases in benefits or
broadening o f eligibility, for example, to retired persons:
(210)

Prescription Drugs. Effective January 1, 1970, the
employer agrees to pay into the Northwest Employees
Benefit Trust Fund the sum of $4.90 per month for
each employee who was compensated for eighty (80)
hours or more in the preceding month.
Dental Effective January 1, 1971, the employer
agrees to pay into the Northwest Teamster Dental Trust
Fund the sum of ten dollars and sixty cents ($10.60)
per month for each regular employee who was com­
pensated for eighty (80) hours or more in the preceding
month.

(211)

Vision. Effective January 1, 1972, based on Decem­
ber 1971 employment, the City of Mount Vernon agrees
to pay into the Western Vision Services the sum of $4.10
per month for each eligible employee who was com­
pensated for eighty (80) hours or more in the preceding
month.
The City shall pay the cost and provide the same
hospital and medical insurance, Blue Cross-Blue Shield,
for the retired employee as is provided for the active
member.

However, coverage shall be only for the retired em­
ployee and not cover dependents and shall not apply
if the retired employee is gainfully employed.
The retired employee may retain dependents by re­
imbursing the City for that portion of the premium.

Over half o f the agreements studied contained life in­
surance coverage for protective service personnel. (See
table 24.) As noted earlier in regard to other employee
benefits, the actual prevalence is understated. Life in­
surance can be part o f a negotiated benefit package
which is not further detailed in the agreement. It also
can be provided by the employer without being made
part o f the contract.
Life insurance programs, like health benefit plans,
were largely noncontributory. Any reference in the
agreement usually pertains to the particular level o f in­
surance and the required employer or employee con­
tributions. The amount of insurance may be graduated
relative to salary, or it may be uniform:
(212)

(213)

Employees will be entitled to subscribe to or continue
to participate in the life insurance program provided by
the City in accordance with the policy. Coverage under the
policy shall be related to the employee’s total annual salary
rounded out to the next thousand dollars. (Example:
monthly salary - $600 - annual salary - $7,200 means
employee would have $8,000 straight insurance. Cur­
rently, the employee receives an additional 25% of cover­
age in such a case).
The City will pay up to $.58 per month per thousand
for the initial Ten Thousand Dollars worth of life in­
surance. Costs for insurance premiums in excess of the
above stated amount shall be borne by the City to the
extent that such premium costs exceed $.40 per thousand
per month.

The City shall provide grouplife insurance for each
member of the bargaining unit. The specific carrier to
be used and the coverage to be afforded shall be sub­
ject to mutual agreement between the City and P.B.A.;
provided that the annual premium cost to the City shall
not exceed $38,000. The City shall own the policy but
all dividends accumulated currently and in the future
shall be used to purchase additional insurance at the
direction of the P.B.A.




If the firefighters are unable to purchase a group
life insurance policy through their organization, the
Department shall take whatever steps are necessary to
provide a $5,000 group life insurance policy for unit
employees, the full premium to be paid by the indi­
vidual subscribing firefighter.

Line-of-duty provisions

A small number o f agreements (32) guaranteed that
police and firefighters injured in the line o f duty would
have hospitalization and related medical expenses paid
in full by their employers. (See table 25.) Again, the
practice probably is more common than would be indi­
cated by the data, since States, counties, and cities are
likely to pay hospital and medical bills for line-of-duty
injuries as a matter of legislation or policy.
As a rule, clauses, provided only for hospitalization,
but payment o f medical, optical, and dental expenses was
included in som e con tracts, as w ell as the cost
of drugs and medical apparatus. Damage suits sub­
sequently brought by injured police officers or fire­
fighters could eventually return public expenditures made
earlier. Other provisions covered hypertension and heart
disease on the grounds that these illnesses were directly
related to the hazards and stress of public safety occupa­
tions. In one contract, the government paid for inocula­
tions o f employees exposed to contagious diseases, pro­
viding for their families as well:
(215)

The Town shall pay the hospital, medical and drug
expense for each employee who is injured or disabled
in the performance of duty, provided that he reports
such injury or disability to his superior officer as soon
as he becomes aware that such injury or disability was
suffered in the line of duty and, further provided that
he reports same within one (1) year of the date of the in­
jury or disability, and further provided that he estab­
lishes, through proper evidence and witnesses, that such
injury or disability was suffered in the performance of his
duty.
Notwithstanding any provision to the contrary, any
condition of impairment of health caused by hyperten­
sion or heart disease resulting in total or partial disability
to an employee shall be presumed to have been suffered
in the performance of his duties.

(216)

During such injury leave the Town shall pay the
hospital, medical and drug expenses in excess of reim­
bursement made to the employee by workmen’s com­
pensation, liability insurance or other payments for each
employee who is injured or disabled in the performance
of duty, provided that he reports such injury or disability
to the First Selectman within 10 days of the injury from
the date the injury is determined.
Any condition of impairment of health caused by
hypertension or heart disease resulting in total or partial
disability to an employee shall be presumed to have been
suffered in the performance of his duties.

Commencing April 1,1972, the City shall pay the term
life insurance premium for the individual coverage cur­
rently available and provided by Security Life of Denver
on the following basis:
1. Employee’s income under $5,000
Basic Insurance Available
$2,000
2. Employee’s income $5,000 to $7,499
Supplemental plus Basic Insurance
Available
$7,000
3. Employee’s income $7,500 to $9,499
Supplemental plus Basic Insurance
Available
$9,500
4. Employee’s income $9,500 - Up
Supplemental plus Basic Insurance
Available
$12,000

(214)

(81)

(217)

Whenever an employee shall be wholly or partially
incapacitated, by reason of injuries or sickness contracted
in the performance of his duties, the Town shall pay
the . . . medical, surgical, dental, optical expenses, and
also for treatment, attendance, nurses, hospital expenses,
medicine, or crutches and apparatus for such period as is
necessary . . . .
In the event of an employee’s prosecution to enforce a
claim against a third party for such injuries or damages
sustained while on duty, such employee shall reimburse
the Town for all such payments made by the Town . . .
less apportioned attorney’s fees incurred. Provided, how­
ever, that the amount of such reimbursement shall not
exceed the gross recovery of settlement received by the
employee from the third party. It is understood, however,
that the payments made by the insurance carrier in accord­
ance with the coverage for which the employee has paid
premiums shall not be considered a third party.
Subject to approval by the Chief of the Department,
the Town agrees to pay all expenses of inoculation or
immunization shots for members of an employee’s family
residing in his household when such becomes necessary as
a result of said employee’s exposure to contagious diseases
in the line of duty.

Disability pay and retirement

In two-fifths o f the agreements studied, specific
reference was made to provision of pay for safety
personnel convalescing from an injury incurred on duty.
(See table 25.)
As a rule, those contracts having disability pay pro­
visions supplemented the benefits under basic workers’
compensation. They provided, for example, full pay
rather than the partial pay provided under workers’
compensation. In some instances, they required this
differential to be financed by government funds; in
others, charges were made against sick leave or vacation
accumulations; alternatively, sick leave could be used
to extend the period o f benefits. Thus safety personnel
received coverage for a period of up to 1 year, after
which a determination was made to return the employee
to full duty, light duty, or retirement on disability
pension:
(218)

An employee who shall become disabled in the line of
duty or is unable to work because of illness incident to his
police duty shall receive full pay for the duration of such
illness or disability or until he or she becomes eligible for
retirement, whichever comes first.

(219)

The City provides insurance coverage for all employees
through the State Compensation Board for injuries and
illnesses arising out of and in the course of employment
with the City of Eugene. When an employee must take
time off from work as a result of such injury or illness,
he shall receive compensation as scheduled by the State
Compensation Board. Additional payment by the City
of an amount equal to the difference in payments re­
ceived from the State and the employee’s regular salary
may be authorized by the Fire Chief for a period not to




exceed six months. In exceptional circumstances, use of
accrued sick leave for payments beyond the six months
may be approved by the City Manager. Medical progress
reports may be required prior to approval of such
payments.
(220)

Each employee who is injured or disabled in the per­
formance of his duties, shall be entitled to injury leave
with full pay, provided however, that any payments re­
ceived by the employee by way of Workman’s Compensa­
tion shall be turned over in full by said employee to the
City. Time lost because of injury leave shall not be
deducted from his accumulated sick leave. No such em­
ployee shall be removed from the payroll until the Board
of Public Safety and the Board of Apportionment and
Taxation have reviewed his case and have expressly
ordered such removal. . .

(85)

Employees injured on the job in the performance of
their assigned duties will be covered by the Workmen’s
Compensation Plan and their time off will not be charge­
able to either their accumulated sick leave or their vaca­
tion time. The City shall pay the police officer injured in
the performance of their assigned duties, the difference
between compensation pay and the sum they would have
received in their regular pay.

(196)

. . . An employee injured on the job and eligible for
Workmen’s Compensation shall, in addition to Workmen’s
Compensation benefits, receive the difference between the
Workmen’s Compensation benefits and his City salary and
all fringe benefits (except prorated food and clothing
allowance) as of the date of injury (excluding overtime)
commencing the first actual day on which he is unable
to work following the day of injury and continuing until
the 365th day following such injury .. .

About 11 percent of the 504 agreements specifically
referred to disability retirement for employees injured on
the job. (See table 26.) Some called for a special dis­
ability pension; others provided an allowance until the
employee became eligible for regular retirement:
(221)

. . . If the employee reaches the point of maximum
recovery but is unable to return to work, the employee
shall continue to receive the difference between the
established wage of the injured employee and the in­
surance contribution until he qualifies for and receives a
disability pension under the Wisconsin Retirement Fund.

(222)

Any employee who is injured or disabled in the per­
formance of his duties, and who reaches the point of maxi­
mum recovery but is unable to perform his assigned
duties, shall be assigned to whatever Fire Department
work he is able to perform, and his salary for such new
assignment shall be no less than which he would be re­
ceiving if he had continued to perform his regularly
assigned duties. If no such Fire Department work is
available which such an employee is able to perform,
he shall be retired on service connected disability pension
in accordance with the applicable provisions of the
pension or retirement system under which he is covered.

(223)

We are in accord that provisions of the Personnel Rules
governing injury leave be amended as follows and urge
favorable action by the Town Council:

In the event of permanent total disability or
death resulting from injury or accident on the job,
the employee or his wife shall receive for one year
supplemental payments so that the sum of social
security, workmen’s compensation, and such pay­
ments equal his last annual salary.
In the event of permanent total disability result­
ing from injury or accident on the job, the employee,
after one year, shall receive supplemental payments to
that the sum of social security and said payments
annually shall equal 75% of his last annual salary,
but not to exceed $7,500, until such time as he
reaches normal retirement age, at which time such
sum shall be 50% of his last annual salary, but not to
exceed $5,000.
(25)

Long term disability:
Seventy percent of base salary up to a maximum of
$1,000 per month; provided, that if the basic amount
of monthly benefit together with other income bene­
fits, as defined in the insurance policy, would exceed
seventy percent of the basic salary, the amount of
monthly benefit payable shall be reduced to an amount
which together with other income benefits would equal
seventy percent of the base salary. Starts on the first day
of the twenty-seventh consecutive week of disability and
runs to the end of the period of disability, or until the end
of the month in which the employee attains the age of
65, whichever comes first.

Survivors' benefits

Retirement benefit plans often have a survivor’s fea­
ture which provides that upon the death o f active or
retired employees, the surviving wife and children, or
the estate, are to receive the full or partial benefit that
the employee would have enjoyed. In a few agreements,
the financial obligation to the surviving family o f the
decreased employee is spelled out:
(192)

If and employee dies in the line of duty during his City
employment, the City shall pay 60% of the employee’s
final average salary to his widow until her death or re­
marriage; or, in absence of a widow, to a dependent child
or children until the youngest attains age 21; or, in absence
of spouse or children, to the employee’s dependent
parents for life. “Dependency” shall mean that the
deceased shall have contributed 50% or more of the
support of such parent during the three years preceding
his death.

The agreements primarily contained a number o f obliga­
tions to the employee or his estate, as spelled out in
14 percent of the contracts. (See table 25.) Customarily,
the surviving family received unused compensation for
time off (holidays, vacations, etc.) in addition to sev­
erance pay ordinarily payable to the employee upon
separation or retirement. In one agreement, the em­
ployer provided funeral and burial expenses as well:
(43)

. . . If an employee . . . dies prior to such anniversay
date . . . , his designated beneficiary, shall receive a pro­




rate share (as of the date of retirement or death) of the
vacation pay for which he would have qualified as of the
following anniversary date.
(224)

Notwithstanding any other provisions of law a mem­
ber shall be entitled to be paid, in cash, at the time of his
retirement pursuant to the provisions of the Civil Service
Law of the State of New York for the monetary value
of the unused vacation time and unused holiday time
standing to the credit of such member at the time of
his retirement and in the case of death in service of
any member, such payment shall be made to his
beneficiary.

(22)

FUNERAL AND BURIAL EXPENSES. The City
agrees to defray all funeral and burial expenses of any
employee of the Police Department killed in the line of
duty up to a maximum of $2,500.00 and, in addition,
the City shall pay to the widow or heirs of such deceased
employee, his accumulated severance pay.

Liability protection

In the course of their employment, police and fire­
fighters may take action under the pressure o f an emer­
gency which in their professional judgment is right and
expedient, but which may result in legal action against
the government employer and/or the individual police
or fire officer involved. In 15 percent of the agreements,
the employee was given some form of liability protection.
(See table 25.)
In some instances, it takes the form o f an insurance
policy purchased from an insurer; in others it is an em­
ployer assumption o f the obligation to protect em­
ployees while carrying out their duties.
Most frequently, collective bargaining agreements obli­
gate the government to buy false arrest insurance.
Normally the agreement stipulates the maximum amount
of money available for such settlements or the amount o f
premium that the employer has to pay to insure each
employee:
(225)

False arrest and imprisonment insurance protection
in the amount of $200,000 shall continue to be provided
and paid for by the City.

(11)

During the term of this agreement the Township agrees
to contribute the entire premium for police professional
liability insurance in the amount of $250,000 per indi­
vidual, $500,000 maximum per incident and $750,000
aggregate.
Any liability clause presented to the township will be
presented to the Police Advisory Committee for review.

In the absence of insurance, the employer might pay
any damages and absorb all legal costs that otherwise
the safety employee would have to pay out of pocket:
(32)

In the event any action for damages is brought
against an employee hereunder individually, and the
City is not made a party to any such action, and if the
employee hereunder is found liable and a judgment for
damages is rendered against him, the City obligates itself
to pay such damages and counsel fees for the employee

providing the employee’s liability results from action of
employee arising out of and in the course of his em­
ployee hereunder, and further providing that such judg­
ment against the employee does not result from the
wanton or willful action of the employee.
(226)

Unless insurance coverage is otherwise provided, the
employer agrees to save harmless and indemnify any
police officer in an amount not to exceed $10,000, if
such police officer shall be obligated to pay damages
for personal injury or property damage where the officer
is charged with negligence, assault, false arrest or false
imprisonment and the acts or conduct upon which such
charges are founded arise out of and during the course
of his employment with the employer. The employer will
defend any suit against the police officer alleging such
charges and seeking damages even if any of the allega­
tions are groundless, false or fraudulent, but the em­




ployer may make such investigations and settlement of
any claim or suit as it deems expedient.

A case might arise where the officer is falsely accused
in a civilian complaint. Here police or fire personnel may
suffer unjustly, especially if the accusation receives wide­
spread attention in the newspapers and on television.
One agreement permits the employee to bring court
action against his accusers:
(129)

Police officers shall have the right, upon notification
to the Police Commission, to bring civil suit against any
person or group of persons, including heads or members
of business, social, or educational organizations for
damages suffered, either pecuniary or otherwise, or for
abridgment of their civil rights on account of their per­
formance of official duties . ..

L ife in s u r a n c e

A ll a g r e e m e n ts

H e a lth b e n e fit p la n s

P e n s io n p la n s

G o v e rn m e n t a c tiv ity
A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
T o t a l -----------------------------------------

504

84. 9 7 9

273

4 9 , 133

414

6 6 , 747

26 3

41, 914

F i r e f i g h t e r s --------------------------------------P o l i c e -------------------------------------------------P o l i c e a n d f i r e ----------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

195
254
11
38
6

4 1 , 176
33, 4 8 8
777
9, 221
317

103
141
5
20
4

2 1 , 833
2 0 , 851
162
6, 0 9 8
189

161
209
7
32
5

28, 954
31, 058
207
6, 313
215

94
138
5
21
5

2 2 , 116
17, 73 0
369
1, 4 8 4
215

NOTE:
N o n a d d itiv e . A g r e e m e n ts
ta in m o r e th a n 1 p r o v is io n .

m ay co n ­

Table 25. Line-of-duty benefit provisions and liability protection in police and fire agreements, 1972-73
L in e - - o f - d u t y b e n e f i t p r o v i s i o n s
A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity
A g ree­
m e n ts
T o t a l -----------------------------F i r e f i g h t e r s ---------------------------P o l i c e --------------------------------------P o l i c e a n d f i r e -----------------------S h e r i f f s ' d e p u t i e s -------------------C it y w i d e -----------------------------------

NOTE:
v is io n .

E m p lo y ees

H o sp ita liz a tio n and
m e d ic a l e x p e n se s
E m p lo y ­
A g ree­
m e n ts
ees

A g ree­
m e n ts

E m p lo y ­
ees

D i s a b i l i t y r e t i r e m e n t S u r v i v o r 1s b e n e f i t s
A g ree­
m e n ts

E m p lo y ­
ees

A g ree m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ees

504

84, 9 7 9

32

5 , 886

204

19, 951

55

13, 195

72

23, 099

74

8, 9 2 8

195
254
11
38
6

4 1 , 176
33, 4 8 8
777
9 , 221
317

19
13

3, 873
2, 013

5, 725
7, 330
-

2

140

15, 186
7, 641
39
131
102

713
7, 6 9 0

-

33
34
2
2
1

9
58

-

8, 04 5
10, 1 1 4
389
1, 18 8
21 5

24
29

-

81
102
6
10
5

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n




L ia b ility p ro te c tio n
D is a b ility p a y

"
1 p ro ­

~

-

6
1

-

505
20




Chapter 8. Personnel Policies

Probationary periods
Selection of work assignments
Trading shifts
Manning
Police and fire reserves
Layoff and recall
Training
Education
Promotions

Chapter 8. Personnel Policies

Probationary periods

without written notice setting forth the specific reasons
for dismissal and if the Lodge believes that said termina­
tion is unjustified, a special meeting may be called to
review the action. If the employer and the Lodge reach
an agreement, the matter will be considered resolved at
such meeting. If the parties are unable to agree, pro­
ceedings shall be commenced in accordance with the
provisions of this contract. An employee is presumed to
have terminatedhis probationary period and obtained full­
time patrolman status at the end of 12 months unless the
employer notifies him to the contrary after which the
employer is allowed one 6-month extention of proba­
tionary period.

As a general rule, a newly hired employee must
undergo a probationary period before becoming a
regular, full-time police officer or firefighter. During
this period, the employee is on trial and may be
dismissed without the protections in the contract
which normally apply to regular employees. Slightly
over one-third of the agreements, however, contained
provisions which in some respects governed probationary
periods. (See table 26.) In most, the length of the trial
period was set forth, and was usually 6 to 12 months.
The relationship of the union to the probationary police
and firefighter was also covered. The employee organi­
zation could, for example, represent the employee in
all respects except for discharge. In some instances, the
employer’s freedom to terminate a probationer was
circumscribed. Requirements could include notice in
writing indicating the reasons for separation, and a
meeting with the employee representative. At times, the
separation could also be grieved:

Less than 10 percent of the agreements studied
permitted employees to select work assignments. This
was usually accomplished on the basis o f seniority.
(See table 26.) The right to choose a shift assignment
was qualified by the interest of departmental effective­
ness. Thus, police and firefighters could be transferred
from preferred shifts during emergencies:

(188)

(131)

. . . changes in duty assignments . . . shall be by
seniority . . . Duty assignment changes will be allowed
only if in the judgement of the City such changes do
not detract from the effectiveness of departmental
operations.

(69)

Assignments will be made in accordance with length
of service. The senior men shall pick the shift they desire
in accordance with seniority, except as follows:

All new permanent, full-time employees shall be
probationary employees during the first twelve (12)
months of their employment. During the probationary
period, the new employee shall have no seniority status
and will not be represented by the bargaining unit.
At the conclusion of his probationary period, the
employee’s name shall be added to the seniority list
as of his last hiring date and he will be represented
by the Fraternal Order of Police.
(a) The probationary period is for the purpose of
enabling the City to determine if an employee
has the attributes, attitude and capabilities of
becoming a permanent, full-time employee, and
a probationary employee may be terminated for
any reason at the discretion of the City during
such period and shall be notified of such reason
in writing at the time of his termination.

(199)

When a new employee is hired in the unit, he shall
be considered as a probationery employee for the first
18 months of his continuous, regular, full-time em­
ployment. The Lodge shall represent probationary em­
ployees for all purposes including but not limited to
rates of pay, wages, hours of employment, discipline,
layoff, grievance, arbitration and trial board procedures:
provided, however, after 12 months continuous, regular,
full-time employment the employee may not be dismissed




Selection of work assignments

(a) Chief of Police, during the times of emergency,
may change an officer’s shift, but only during the time
of such emergency. Such emergency is defined as short­
age of manpower due to illness, vacations, holidays,
special events, police school, disaster emergencies, or
departmental meetings.
(b) The Chief of Police may, for investigative pur­
poses, assign men out of shift, regardless of seniority.

Trading shifts

The long duty hours o f public safety personnel—
particularly firefighters— may interfere with an em­
ployee’s desire to take time off to accomplish some
personal business that can only be done during duty
hours; to attend classes given only during hours when

the employee is assigned to duty; or, possibly, to
extend a holiday or vacation period. If the employee
has personal leave days, he may apply them to take time
off. But if leave has been exhausted, he must resort to
other means. Among safety personnel, this could involve
the practice of trading shifts. In this instance, an
employee on one shift assumes the job of another
employee on a different shift, who in turn will take
over for him when he is away. This exchange assures
that there is no shortage of personnel on either shift.
Eighteen percent of the agreements studied contained
provisions governing the trading of shifts, about 70
percent of them covering firefighters. (See table 26.)
The clauses established rules governing the trading of
shifts, implying that the informal practice o f trading occa­
sionally involved difficulties which should be avoided.
Provisions varied in complexity and covered such
matters as the following: to approve trades, the number
of substitutions permitted during various time periods,
the qualifications of employees involved in substitutions,
repayment of trades, and record keeping:
(227)

The Chief or officer in charge may grant the request
of any two employees of the Fire Department to exchange
days off.

(79)

Members of the Fire Department shall be permitted to
make in-grade exchanges of time of one duty day or less
with the approval of the immediate supervisor and
District Chief or Assistant Division Head. Exchange of
time for more than one duty day or between members
of different rank or grade may be permitted with prior
approval of the Deputy Chief or Division Head, so long
as each party is qualified to perform the official duties
of the other.
(228)
1. Consistent with the reasonable operational require­
ments of the Fire Department to maintain public health
and safety; it shall be the policy of the Fire Chief to
permit employees to trade 24-hour shifts or a portion
thereof as follows:
a. Four (4) shift trades per year that involve an
employee’s working two consecutive shifts, provided
that not more than one(l)forthy-eight(48) hour back-toback period will be worked within a twelve (12) day cycle.
(The twelve (12) day cycle to begin with the first
day of a four (4) day off period.)
b. Two (2) single shift trades per month that do not
result in two consecutive duty shifts (back-to-back) for
an employee. Provided, however, that employees may
trade portions of shifts of not less than three (3) hours in
hourly increments as limited in paragraph 2.b below, so
long as the total hours to be traded under this subparagraph shall not exceed forty-eight (48) hours per
month.
2. Trades shall be permitted subject to the following
terms and conditions:
a. Trades shall be limited to being made between
regular employees of the Sacramento Fire Department
of the same rank and ability.
b. No more than two (2) trades in increments of
less than twenty-four (24) hours under subparagraph l.b




above, which may be used for educational purposes
only and must be paid back in the same time period as
taken, shall be taken or paid back between the hours
of 0800 and 1500 in any one month.
c. An employee may not add more than the
maximum number of shift trades allowed in any one
month (6 trades) to any one continuous vacation period.
d. Employees shall request trades of their Fire
Captain no later than seventy-two (72) hours before
commencement thereof, except in cases of emergency,
and shall indicate the name of the employee being
traded with.
e. All trades shall be fully repaid on or before
the end of one year of date of initiation; except,
however, that such repayment may be waived at the
time the trade is initiated up to one shift per year
provided the party to whom time is owed waives
repayment in writing approved as to form by the City
and agrees to indemnify, defend and hold the City
and its agents harmless against claims, liability and
suits incident to such replacement and waiver.
f. In the event a replacement employee fails to
report for duty as arranged and authorized hereunder,
and neither he nor the employee he was to have
replaced were on duty, then the City shall not be
obligated to pay said replacement for such time.
g. The union will indemnify the City against
claims which may arise as the result of proper admini­
stration of this policy.
3. Fire Captains in the respective companies where
trades are to be and have been effected shall supervise
and be responsible for assuring full compliance with
these provisions. They shall submit to their Battalion
Chief for approval such requests as these are approved
by them. They shall maintain and have available for
review on a current basis a record showing the number,
hours, dates and name of employee(s) traded with, or
trades taken and trades paid back for each member
of his company; and shall prepare and submit a report
reflecting this information to their Battalion Chief,
with a copy to the Fire Chief, on a monthly basis.

Manning

The determination of the number of employees
necessary to operate a unit, such as a police or fire
station, or a piece of equipment, such as a patrol car
or a hook and ladder truck, was stipulated in only
11 percent of the contracts, which covered 21 percent
of the employees in the study. (See table 26.)
The low prevalence of such stipulations can be
explained primarily by the fact that manning involves
the basic issue of management rights— that is, whether
such decisions are made unilaterally or bilaterally.
It also relates to budgetary problems recently experienced
by a number of government jurisdictions, worsened by
inflationary pressures, which have resulted in a call for
improved productivity— that is, doing more with fewer
people. The issue is also concerned with job security, or

the protection of police and firefighters from loss
of employment.
Negotiated clauses in, varying degrees, take into
account the issues surrounding manpower determina­
tions. In simplest form, the agreement may establish
minimum manpower requirements; this practice in
effect accepts that such determinations are a bilateral
concern. At times manpower requirements may be set
forth as part of a safety code for employees as
demonstrated in the second illustration:
(229) (A). The minimum manpower of the Fire Department
shall be as follows:
Four (4) Battalion Chiefs
One (1) Superintendent of Apparatus
One (1) Superintendent of Fire Alarms
Five (5) Captains (4 Line and 1 Administrative)
One (1) Assistant Superintendent of Apparatus
One (1) Assistant Superintendent of Fire Alarms
One (1) Fire Inspector
Six (6) Lieutenants
One (1) Fire Equipment Mechanic
Eighty (80) Fire Fighters (including thirty-four (34)
Pumper Engineers of which four (4) will be
Ladder Truck Drivers, and including (16)
*1 Hose Wagon Drivers.)
(153)

Section 1. Safety Code
a. Felony Car
1. A two-man car, known as the felony car, will
be assigned on the road patrol twenty-four
hours per day.
2. The felony car will be dispatched to all
reports of felonies in progress, fights, dis­
orderly or drunk persons, and burglar or
holdup alarms.
b. Two-man Calls
1. At least two men will be dispatched to all
reports of felonies in progress, fights, dis­
orderly or drunk persons, suspicious persons,
and burglar or holdup alarms.
c. Two-man Cars
1. A second two-man car will be assigned on the
road patrol under the following conditions:
a. Between the hours of 8:00 P.M. and
Midnight.
b. Whenever a total of ten or more uni­
formed police officers are on duty at
8:00 P.M.
2. Between the hours of Midnight and 6:00
A.M., all cars assigned to the road will be
two-man cars, except the Traffic Bureau
and the 7 P.M. to 3:00 A.M. shift. If
there is an odd number of men on duty
for the road patrol, then one road patrol
officer will patrol alone.
d. Prisoner
1. At least two policemen will be assigned
to transport prisoners. This function may
be assigned to the felony car.
2. No more than three prisoners will be trans­
ported by police patrol car at one time.




Manpower requirements may be revised under given
circumstances, provided the employee organization is
afforded the right to bargain over such matters. If the
number of employees falls below a stated level, over­
time or transfers may be authorized:
(157)

Section 1. The scheduled manpower for each Fire-,
fighting Company for each working shift shall be:
Engine 1 — 5 men including one officer
Engine 2 — 6 men including one officer
Engine 4 — 5 men including one officer
Engine 5 — 5 men including one officer
Engine 6— 5 men including one officer
Engine 7 — 5 men including one officer
Engine 8 — 5 men including one officer
Engine 9— 5 men including one officer
Engine 10 — 6 men including one officer
Engine 11 — 5 men including one officer
Truck 1 — 8 men including one officer and including
2 men assigned to the Emergency Truck
Truck 2 — 6 men including one officer
Truck 3 — 6 men including one officer
Section 2. The City reserves the right, acting through
its Board of Fire Commissioners and Board of Aldermen,
to establish either higher or lower company manpower
requirements as changing conditions may require. How­
ever, if during the term of this agreement, the City
wishes to lower the said Company manpower require­
ment, prescribed by this article, it may do so only
after notification, consultation and negotiation (per the
requirements of the Municipal Employees Relations
Act) with the union.
Section 3. The City agrees that the minimum man­
power strength for each Firefighting Company on each
working shift shall be maintained at not less than one
below the schedule in Section 1 hereof or any modifi­
cation of such schedule resulting from action under
Section 2 hereof.
Section 4. No temporary assignments shall be per­
mitted which would require the employee so assigned
to accept a temporary change in working shift. A
temporary assignment shall be defined as any assignment
of a duration of two (2) weeks or less.
Section 4(a). In the event that manpower shall for
any reason fall below the minimum manpower strength
as provided in Section 3 hereof, for each company on
each shift, such shortage shall be filled by overtime work
in accordance with Article XVIII hereof or by a tem­
porary assignment from one Engine House to another on
the same working shift or from one company to another
within the same Fire House on the same working shift.
All such temporary assignments shall be based on the
following:
(1)

(2)

Such assignments shall be distributed among
the firefighting companies on the working
shift as equitably as possible.
Such assignments shall be made for the rank
or classification, i.e. firefighter or officer,
held by the man last reporting off-duty,
which brings the firefighting company below
minimum strength.

(3)

Each relief police officer covered by this contract
shall as of July 1, 1971 receive as wages or salary for the
fiscal year 1971-1972, the sum of $24.70 for each
eight hours worked.
The City shall provide and pay for a Six Thousand
Dollar ($6,000) Term Life Insurance Policy.
Each relief officer who works a minimum of Two
Hundred (200) hours annually, shall receive a Seventyfive Dollar ($75.00) uniform allowance.
Workmen’s Compensation shall be paid in accordance
with the provisions of Article 11, Paragraph (b) of the
contract.
Relief officers shall be compensated for court appear­
ances at their regular hourly rate with a minimum of two
(2) hours.
The City shall supply each relief police officer with a
weapon when he is on duty.
The only articles of this agreement which shall apply
to relief police officers are Articles 1 (Recognition), 2
(Copies of Contract), 13 (Local 324 Activity Protected)
and 16 (Savings Clause). The remaining articles of the
contract between the City of Norwich and the Local
324 shall not apply to relief police officers.

The employee with the least seniority in the
appropriate classification and who is on duty
in the firefighting company from which such
assignment is to be made should be the
employee so assigned.

Police and fire reserves

In some jurisdictions, particularly small and medium­
sized communities, regular protective forces are supple­
mented by reserve firefighters or police. Agreements
contained provisions regulating the employment of
reserve forces since they may have a downward impact
on benefits and tend to keep the size of the bargaining
unit smaller than it might be otherwise. However, such
provisions were found in only 15 agreements in the
study. The provisions granted preference to regular
personnel in such areas as the assignment o f overtime
and regulation o f conditions governing the employment
of reserves:
(230)

All overtime as herein provided shall be offered to
regular police officers first, provided if the regular
officers are not available, then such work opportunities
may be offered to reserve police officers.

(18)

Police reserve officers shall work with a command
officer except in cases of an emergency declared by
the Chief of Police or the Deputy Chief.
Police reserve officers shall not be used as additional
manpower except in an emergency or on special occasions
as defined by the Safety Commission.
Police reserve officers shall not be permitted to wear
the same uniform or similar in color, to regular officers’
uniforms.

(231)

Reserve officers working on a voluntary basis and
without pay, shall be designated as reserve police officers.
They shall not be utilized for the purpose of precluding
the necessity of employing more police officers, nor
may they be used for the specific purpose of denying
regular police officers overtime work.
They may be used for sporting events, fairs, control
of race track traffic and other similar such occasions.
They shall be permitted to ride in police vehicles for
training purposes, but may not do so on a regular
basis to eliminate the need of using a regular police
officer.
During times of emergency caused by riot, civil
disturbance, weather and other similar emergencies, they
shall be used as deemed necessary by the City Manager or
Police Chief, in accordance with Article XXV.

Among these rare provisions were several in which
the union represented the reserves as well as the regular
employees. As a result, negotiated wage rates and other
special provisions for these workers were included:
(232)

The following provisions, and only those provisions,
shall apply to the relief police officers of the City of
Norwich: . . .




Layoff and recall

The growing financial plight of cities has, in some
instances, resulted in reductions of municipal activities
with corresponding layoffs of public employees. Cutbacks
in employment often affect employees of other govern­
ment departments before reductions are made in the
number of protective service personnel. Police and
firefighters, however, have not been exempted from
layoffs.
In general, civil service regulations in most cities
provide for reduction-in-force procedures. Perhaps for
this reason, references to layoffs were relatively in­
frequent, appearing in less than one-third o f the agree­
ments. (See table 27.)
Provisions were found more frequently in police
agreements than in fire agreements; they also appeared
in nearly one-half of the sheriffs’ department agree­
ments and in five of the six citywide agreements.
These were mostly from small jurisdictions covering
few workers.
A number of the provisions merely referred to
existing regulations. However, many were more detailed
and dealt with the issuance of advance notice, the
order of layoffs, and participation by the employee
organization in the procedure:
(227)

Reductions in the work force in the bargaining
unit shall be accomplished in compliance with the
provisions of the Act of May 31, 1933, P.L. 1108,
Section 11, 53 P.S. Section 39871.

(233)

All employees will be laid off in line of seniority
and rehired in reverse order. No new employee will be
hired by the City as long as there are employees laid

off who have seniority and can pass physical examination
by City physician. The union shall be notified in
advance of any anticipated layoff to allow them to
work closely with the City and/or Department to
correctly align the determining conditions of the layoff.
If workers are to be laid off, a fourteen (14) day notice
shall be given of the date when their services shall no
longer be required.
(80)

(107)

The Police Department Educational Incentive Program,
devised and approved by the Police Education Committee
August, 1970, shall be modified to require that (1) any
officer below the rank of Captain must attend and
complete fifteen (15) hours of City prescribed in-house and
in-service training, exclusive of State-mandated training,
within a program year in order to maintain current
status in the Educational Incentive Program. The require­
ment to successfully complete three (3) college credits
per program year shall be required in addition to the
in-house training requirement; and (2) any officer in the
rank of Captain and above who possesses an Advanced
P.O.S.T. Certificate shall be required (a) to complete up
to sixty (60) hours of direct involvement and participa­
tion in in-house or in-service training or police reserve
training either as a student, teacher, or a researcher; the
formulation and/or execution of mutual police programs
such as mutual aid programming, training, surveys,
planning and research; in-depth analytical studies of
subjects of departmental concern; and independent ac­
tivities in the area of community relations which shall
include, but not be limited to speeches, oral presentations,
public appearances, service club and civic organization
program involvement and participation; and (b) to com­
plete a course of instruction in Trade and Vocational
Teacher Training, subject to the course being offered by
El Camino College or another accredited college or
university.

(127)

Attendance at training schools or programs ordered
by the Chief of Police or Captain shall be with pay and
all expenses of such attendance shall be paid by the
City. Voluntary attendance at training schools or pro­
grams not ordered by the Chief of Police or Captain
shall be at the officer’s individual expense without pay.

In the event it becomes necessary to reduce the
firefighting force, departmental seniority shall govern
layoffs and recalls. The employee lowest on the seniority
list shall be the first laid off and the last to be
recalled.

Perhaps as important to the employees as the
order of layoff are reemployment rights, found in
more than four-fifths of the agreements containing
reduction-in-force provisions. (See table 28.) Clauses
usually provided that the order of recall, like layoff,
would be based on seniority, with the last employee
laid off being the first recalled:
(112)

Employees laid off according to Article XII will be
eligible for rehire into positions of the same classification
according to seniority with King County. That is, the
employee laid off last will be the first rehired.

To protect length-of-service credits o f laid-off em­
ployees, one city provided that time spent on layoff
would be considered to be leave without pay for the
purpose of computing employee benefits:
(234)

Any employee who is laid off due to a reduction in
force and thereafter, within a period of two years,
reinstated to County service, shall, to the extent possible
for purposes of all rights and benefits, be deemed to have
been on leave without pay.

Once recalled, workers were generally expected to
report to work within a specified time or forfeit the
right to their jobs:
(235)

When the working force is increased after a layoff,
employees will be recalled in inverse order of layoff.
Notice of recall shall be sent to the employee at the
last known address by registered mail or certified mail.
If an employee fails to report for work within ten
(10) days from date of mailing of notice of recall, he
shall be considered to have quit.

Training

Police and fire personnel undergo in-service training
programs, which are designed to improve their pro­
fessional skills and to prepare them for promotional
opportunities. Sixteen percent of the agreements con­
tained provisions dealing with aspects of such jobrelated training. (See table 28.) These clauses stipulated
the type of training— in-house or at an educational
institution— the number o f hours of required training,
pay guarantees for class attendance, and travel expenses:




A number of agreements included requirements that
new employees participate in State-operated training
programs. Usually, a time limit was set within which
attendance was required.
(204)

All employees hired after the effective date of this
contract will be sent at City expense to the Connecticut
State Fire School for a course in basic fire fighting,
within one (1) year of their hiring date.
All men who attend fire school shall be permitted
to attend the entire course of instruction without
interruption.

Reflecting concern in recent years about the extra
hazards during riots, training for emergency situations
was specifically required in some agreements:
(236)

The department shall as part of its regular training
program incorporate instruction in the performance
of its duties of firefighting during riot or civil disturbance
conditions to the end that any riot or civil disturbance
may result in as little damage to life and property as
possible.

Education

A number of jurisdictions have begun or are con­
tinuing programs to upgrade the educational level

of their protective service personnel. College graduates
are being actively recruited and the requirement that the
candidate possess a high school diploma, although
cited in only a few agreements, is almost universal:
(237)

In addition to any requirements imposed by law,
firefighter appointees shall possess a high school diploma
or its equivalent.

Seventeen percent of the agreements provided for
educational incentive pay as one method o f encouraging
employees to receive additional training by taking
professionally related courses. (See table 29.) In this
respect, clauses were much like those in agreements
covering teachers in that they provided pay differentials
in accordance with the number of courses taken or
degrees held. Most provisions granted the additional
pay after attaining a job-related degree:
(189)

Any regular officer enrolled under the provisions of
Section A, and attaining a Degree in Police Science or
other related courses approved by the Board of Police
Commissioners will be paid $300.00 annually for an
Associates Degree and $600.00 annually for a Bachelors
Degree.

In one agreement, the parties established an incentive
program requiring continuing participation if extra
payments were to continue:
(30)

Patrolman

1 - In addition to the wages provided
for Patrolmen 3, they shall re­
ceive an amount equal to 5%
of the wages provided for Patrol­
men 3.

Tuition aid for employees attending school was a
benefit found in 14 percent of the agreements. (See
table 28.) Some agreements specified achievement of
a passing grade or better as a condition for reimburse­
ment:
(239)

The employer in desiring to promote a greater effi­
ciency among members of the Department, agrees to
continue for the term of this agreement the policy
presently in effect relative to books and tuition for
those officers desiring to further their education by
enrolling in police-oriented and degree-granting courses
at an approved institution.

(240)

Officers, who of their own initiative and on their
own time, enroll in police oriented courses, approved
by the Superintendent of Police, shall, upon receiving
credit for such course, and who shall have maintained
an average grading of “C” or better, be reimbursed
for the cost of books and tuition required for the
course, and such officers shall receive additional com­
pensation in wages at the rate of one dollar ($1.00)
per month for each hour of credit so acquired.

Leaves of absence for educational purposes were
included in nearly 11 percent of the agreements.
(See table 28.) These leaves were paid, unpaid, or were
left as an option of the employer. The usual limit on
such leave could be waived upon application:

County agrees to continue in force during the term
of this agreement, the educational incentive compensation
program for law enforcement personnel of the Sheriffs
Department. This program includes the following features:
a minimum of $25.00 per month for each eligible officer
completing the specified minimum educational require­
ments during the specified calendar period with the
extra compensation to continue no more than twelve
months after the period during which the education
was received. Extra compensation will be continued
only if the minimum training continues during each
qualifying period.

(241)

Certain agreements awarded increases in grade and
pay for employees who had completed additional
schooling:

A full time permanent employee may be given
educational leave with full or partial pay for the
purpose of taking courses directly related to his work
as determined by the appropriate department director
and the Director of Personnel. Requests for such leave
must be approved in advance by the Personnel Board
and the County Executive and they may not exceed
a total of twenty (20) days or one-hundred sixty (160)
hours in any one calendar year.

(242)

Leaves of absence for periods not to exceed two
(2) years will be granted, in writing, without pay and
without loss of seniority for . . . educational leave
granted to increase the employee’s ability to perform
his job with the City. Such leave may be extended for
like cause.
Employees shall accrue seniority while on any leave
of absence granted by the provisions of this agreement,
and shall be returned to the position they held at the
time the leave of absence was granted, or to a position to
which his seniority entitles him.

(243)

A leave of absence with or without pay may be
obtained as an educational leave subject to the approval
of the Police Commissioner and written approval of the
City Manager if such is for the purpose of acquiring
educational training which will increase the efficiency
and usefulness of the employee to the Police Department.

(238)

Each patrolman shall be classified in one of the
following classifications:
Patrolman 3 - Regular patrolmen
Patrolman
2 - Patrolmen who have received a
Certificate from the University
of Maine in the Law Enforce­
ment Program.
Patrolman
1 - Patrolmen who have earned an
Associate Degree in Law Enforce­
ment.
Patrolman
2 - In addition to the wages pro­
vided for Patrolmen 3, they shall
receive an amount equal to 2%
of the wages provided for Patrol­
men 3.




In some jurisdictions, the employer agreed to pay
incidental expenses incurred as a result o f attending
school:
(244)

(245)

All employees, upon application and approval by the
City Manager, shall be reimbursed for all necessary
expenses incurred while attending schools of instruction,
institutes, conventions of an educational nature on
matters related to the art and science of their particular
employment with the City.
Mileage reimbursement shall be based on 10 cents
a mile in excess of eight miles per round trip, using the
most direct feasible route, from place of residence to the
education facility where the approved, scheduled class is
being conducted. The City may, at its option, provide
the use of a City vehicle for transportation to an
approved class in lieu of mileage reimbursement.

day of such employment, provided, however, that this
section shall not apply to any temporary assignment
which is less than 30 days in duration, and is made for
the purpose of replacing an officer absent because of
sickness, injury, vacation, personal leave or similar reason.
(246)

One provision protected employees from loss o f pay
if detailed to a lower paying job:
(247)

Promotions

Adequate opportunity for career advancement is as
important a concern for public safety employees as it is
for those employed in other occupations, both govern­
ment and nongovernment. Decisions to promote police
and firefighters traditionally have been made according
to government rules and regulations. But because of
their members’ concern, employee organizations have
worked toward winning a voice, however limited,
in promotions. Agreement provisions focused on two
aspects: temporary service out of rank or temporary
promotions; and traditional promotion procedures which
usually involve competitive tests, development of a
list of eligibles, and final selection.

Temporary service out-of-rank. A temporary promotion
provides the employee with an opportunity to gain
experience at a higher level job, to have his abilities
tested, and to be observed while on the job. Such
experience tends to give the police or firefighter a
competitive advantage over other candidates. The employ­
er benefits from the formation of a reserve of experienced
employees who are eligible to immediately assume
permanent vacancies when they become available.
Approximately one-third of the agreements covering
two-fifths of the employees in the study provided some
regulation of temporary service out-of-rank; these most
frequently concerned the amount of pay that an
employee would receive while detailed to a higher
classification. (See table 29.) In some instances, higher
pay was not provided unless a detail extended beyond
a given number o f days:
(45)

A firefighter required to assume charge of a shift
shall be paid $10.00 additional for each day so assigned.

(118)

A member of the Department who is temporarily
assigned to perform duties of a higher grade or rank
shall be paid at the wage scale of the higher rank for
every day so employed, commencing with the first full




Any time a fire fighter is required to act in a position
higher in pay than his present rate for more than a total
of fifteen (15) days in any calendar year, he will be
compensated at the current rate of that higher position
for all time over fifteen (15) days worked in that
higher position.

If an employee is temporarily assigned to perform
work at a lower rated job classification, his rate of pay
shall not be changed. Such temporary assignments of
work shall be made at the discretion of [the city].

Assignment of personnel to temporary service out of
rank, perhaps because of the implications it has for
permanent promotion, has resulted in he negotiation
of special selection procedures into some of the contracts.
For example, seniority and qualifications of employees
had to be taken into account, or selection might first
be confined to the unit in which the vacancy occurs
(again with seniority and qualifications as factors), or
the selection had to come from an already established
list of eligibles:
(124)

Temporary assignments for the purpose of filling
vacancies of employees who are absent will be granted to
the senior qualified employee for such job. Such em­
ployees will receive the rate of pay of the higher
classification for all hours worked while filling such
vacancy.

(229)

For each full working day on which an employee
acts in a higher capacity, such employee shall receive
the minimum pay rate of the classification in which he
serves in such acting capacity. All vacancies which are
covered by having employees act in a higher capacity
shall be filled from the same platoon on which such
vacancies occur. All acting assignments shall be offered
in the order of their seniority to employees who are
qualified to perform the work of the position which is
being filled through this assignment, and who are in the
classification immediately below the classification in
which the acting assignment is to be performed . . . .

(144)

A private working and performing the duties of a
lieutenant (assigned as acting lieutenant) shall be paid
at the lowest rate of pay established for lieutenant.
If it is anticipated that a private performing the
duties of a lieutenant will exceed 5 days and a Civil
Service list is established, the private whose name is
within the top 3 of the said list for appointment as
lieutenant may be assigned.

Promotion procedures

References to promotion procedures were made in
more than one-third of the agreements studied. (See

table 29.) These ranged from short statements acknowl­
edging that promotions were covered by laws or rules
specially designed for such matters, to lengthy pro­
visions describing various steps of the procedure from
bidding through final selection among candidates.
About one-third of the promotion procedures referred
to bidding for jobs in police or fire departments. (See
table 30.) As a rule, bidding provisions required the
employer to post a vacancy announcement for a
designated period, which necessarily had to include a
job description and the pay level. In addition, it could
stipulate the requirements candidates had to meet.
Failure to follow the provision’s rules could result in a
grievance against the employer, which, if won by the
employee, might dictate a back-pay award:
(148)

. . . Job vacancies will be posted for a period of 7
calendar days, setting forth the minimum requirement
for the position in a conspicuous place in the Police
Department. Employees interested shall apply within
7 calendar day posting period.

(248)

. . . A notice of said opening shall be posted on the
bulletin board at least 10 days prior to filling said
opening. Said posted notice shall contain the prerequisites
for the job and said prerequisites shall be consistent with
the requirements of the job classification. Each interested
employee shall sign the posted notice and they will then
be considered . . . .
On completion of the 10 day posting, the position will
be filled within 2 days.
Failure to comply with posting procedures without a
valid reason will be subject to the grievance procedure
and the employer will be liable for back pay to the
promoted employee from the date of the job opening.

Criteria for selection

Since selection procedures are often defined and
administered by a civil service commission or equivalent
agency, not all of the 184 promotion provisions included
criteria for selection o f one particular candidate for
promotion. Where means of selection were found,
however, the argest clusters of these provisions involved
competitive examinations and weight given to seniority.
(See table 30.)
Competitive examinations were written, oral, a com­
bination of the two, or were “assembled.” The term
“assembled” refers to an assortment of records which
are collected (e.g., education, experience) to provide
a basis for a rating or ranking. Those police or fire­
fighters meeting all qualifications were placed upon a
list of eligibles, and were often ranked in order of overall
point scores. Selecting officials generally then chose
from among the highest ranked. Some provisions ex­
pressed a preference for promotion from within the
existing force, but did not necessarily preclude hiring
from the outside.




(194)

Those applicants who satisfactorily pass the written
examination shall be interviewed by the Oral Examining
Board. The Oral Examining Board may ask any question
designed to reveal whether the applicant is capable of
satisfactorily performing the duties of the position for
which he has made application. The factors the Oral
Examining Board shall consider in rating the employee
shall be the ability to perform the job, special qualifi­
cations, experience and training in the area of the job
requirements, his relevant formal education and his work
history.
(249)
. . . Promotional tests shall consist of a written and oral
examination, the scores from which will be averaged. . . .
The oral examination board shall consist of the
Personnel Committee and two individuals from a panel
of names certified from the State of Wisconsin Bureau
of Personnel as experts in the field of law enforcement.
No members of this board shall be connected with the
departments in any way including special deputies . . . .
Written examination shall consist of questions sub­
mitted by the Captain of the division where the position
exists that is being examined for. Questions for written
examination for the position of Captain shall be submitted
by the Chief Deputy. Also, such examinations shall
pertain to the position being examined for and be
conducted by the Dane County Personnel Officer.
(171)
In accordance with the provisions. . . of the Ordinances
of the City of Bangor . . . promotions from the lower to
the higher grades shall be made by the head of the
department, subject to the approval of the City Manager,
and each selection shall be made from the eligibility list
of 3 names furnished by the Civil Service Commission,
based upon competitive records of efficiency, seniority,
and fitness for the position, or upon competitive promo­
tion tests to be furnished every 6 months, or more often
if the City Manager requests. The eligibility list shall be
composed of those standing highest as in the case of
other competitive tests on certification by the Commis­
sion. Preference in making promotions shall be given
to regular, uniformed personnel of the Bangor Fire
Department, but appointments to a vacancy from outside
the Department are not precluded.
(172)
All promotions in the Police Department shall be
made from within the ranks of the paid members of the
Police Department, and shall be made by competitive
examinations administered by the appropriate Civil Ser­
vice Board, and the regulations of the Civil Service
Board shall be established and copies made available to
all members of the Police Department indicating the
basis upon which eligibility is to be determined.

To be eligible for promotion, employees were at
times required to spend a given length of time in the
next lower rank so as to gain necessary experience:
(See table 30.)
(65)

The employer shall take the necessary steps to
request the Civil Service Commission to establish 2
years of service as a patrolman as a minimum require­
ment for promotion to sergeant.

(218)

. . . Aspirants will become eligible to take examinations
for Sergeant after 3 years from date of regular appoint­
ment, or 2 years of service in Grade A No Sergeant shall

be deemed qualified to take the examination for Lieu­
tenancy until he has served 2 years as a Sergeant. No
Lieutenant shall be deemed eligible to take the examina­
tion for Captaincy until he has served 2 years as a
Lieutenant . . . .

Beyond minimum time-in-grade requirements, senior­
ity could also be a factor in attaining a promotion.
As a rule, length of service was one of several matters
considered in promotion. In some situations the weight
accorded to seniority was vague, but in most others
seniority governed if other factors were equal:10
(13)

All promotions shall be by examination. There shall
be a written and an oral test. Seniority shall also be a
factor. Employees shall take the promotional examination
on a voluntary basis.

(250)

. . . In recognition, however, of the responsibility
of management for the efficient operation of the depart­
ment, it is understood and agreed that in all cases of:
1. Promotions and transfers
2. Increase or decrease in forces including layoffs,
the following factors as listed below shall be
considered. However, only where factors (a)
and (b) and (c) are relatively equal shall
continuous service be the determining factor.
(a)
Ability to perform the work
(b)
Physical fitness
(c)
Past performance
(d)
Continuous service

(251)

In all cases of promotion within a seniority unit, the
following factors listed below shall be considered:
(1)
Seniority
(2)
Ability
(3)
Physical fitness
However, only where factors (2) and (3) are relatively
equal, shall seniority be the determining factor.

The employer could be required to state in writing
his reasons for denying the promotion to the most
senior police officer or firefighter. An employee denied a
promotion could avail himself of the grievance procedure:
(252)

Promotion of employees covered by this agreement
to classifications within the bargaining unit shall be based
on seniority and ability. Whenever seniority and ability
of the employees being considered are reasonably
equal, seniority shall prevail. Any employee who feels
aggrieved in this matter of promotions shall have recourse
through the grievance procedure.




. . . Any employee interested in such vacancy may
sign the job posting. Selection of an employee to fill
the job vacancy shall be based on qualifications and
seniority. When the qualifications of two or more
bidding employees are relatively equal, seniority shall
prevail. Any dispute regarding the qualifications of an
employee under this section shall be subject to the
grievance procedure.

A performance rating is a formal evaluation of how
well an employee is doing his job. Usually given by his
immediate supervisor, the evaluation may be made
annually, or in some cases, may be given only when the
employee applies for a promotion. The rating may
constitute one part o f the employee’s total competitive
examination, or is considered in conjunction with other
criteria by the promotion board:
(158)

Examinations shall consist of the following:
Written examination administered by the Personnel
Director and an oral examination administered by
an impartial group of examiners. In addition, an
employee performance evaluation of each compet­
itor will be made by the Chief of Police and the
competitor’s division head, unit head, or super­
visor. Said evaluation shall not be used in the
promotion’s test scoring procedure below but shall
be kept as a part of the Personnel Brochure
of the competitor . . . .

Because the performance rating is a significant ele­
ment in promotion, agreement clauses explicitly provide
safeguards against abuse. Fairness and impartiality are
emphasized, and the evaluation is presented in writing
to the employee for inspection; an employee’s per­
formance ranking is disclosed prior to administration
of the examination, perhaps as an attempt to allow for
challenges and corrections:
(255)

. . . The evaluation of an applicant’s performance of
duties accounts for the remaining 15% of the total 100%
possible score. This evaluation is made by the Chief
of Police and is based on past evaluation of performance
records plus initiative, ability to effectively complete
assignments, ability to effectively communicate police
information both orally and through the medium of
police record systems, ability to confront and deal
effectively with the public in all relationships, ability
to lead and supervise others and the ability to get along
with fellow officers. This portion of the examination is
one of the most important areas of the entire process
and must be carefully administered. It must be unbiased
and must be based on the fair, impartial judgement of the
Chief of Police, supported with written personnel records,
officers’ complaints and similarly documented facts.

(256)

Promotion to all ranks above patrolman shall be
made on a competitive basis as prescribed by the Town
Charter and ordinances and regulations of the Police

Promotions within the bargaining unit shall be made
on the basis of seniority and qualifications . . . . The
senior employee applying for the promotion and who
meets the minimum requirements shall be granted a
four week trial period to determine his ability to
perform the job and his desire to remain on the job. In
the event the senior applicant is denied the promotion,
reasons for denial shall be given in writing to such
employee’s steward; in the event the senior applicant
disagrees with the reasons for denial, it shall be a
proper subject for the grievance procedure.

(253)

(254)

10 In competitive examinations, seniority may be given less
weight than other factors.

Department; provided, however, that the various criteria
specified therein shall be weighed as follows:
Seniority............. 30%
Written Exami­
nation ............... 45%
Service Record . . 10%
Chief’s Evalua­
tion ................... 15%
Total ___ 100%
With reference to the C hief’s evaluation, said
evaluation shall be made on the “Employee Service
Report” form which shall be read and certified to by the
employee by affixing his signature thereon and then
filed along with the seniority and service record criteria
with the Town Manager not later than forty-eight (48)
hours prior to the commencement of the written examina­
tion.




(257)

. . . The applicant must attain at least seventy per cent
(70%) score on the written portion of the application
test to be eligible for promotion. The employee’s per­
formance rating shall be scored by the Police Captain
and lieutenants in patrol division. The result of this
rating shall be given by personal letter to the applicant.
This will be done at least seven (7) calendar days before
the written examination is given.
An applicant’s final score will be determined by the
weighted factors of the areas tested as follows:
(a)
(b)
(c)

Written-50%
Performance Rating-4 0%
Seniority-10% calculated as follows: Onehalf P/2) percentage point for each full year
of seniority not to exceed twenty (20)
years or ten (10) percentage points, as of
deadline date for application for promo­
tion.

P ro b a tio n a ry
p e r io d
E m p lo y ­
A g ree­
m e n ts
ees

------------------ X T T ------------------a g r e e m e n ts
E m p lo y ­
A g ree­
m e n ts
ees

G o v e rn m e n t a c tiv ity

S e le c tio n o f w o r k
a s s ig n m e n ts
A g ree­
E m p lo y ­
m e n ts
ees

tra d in g
sh ifts
A g ree­
E m p lo y ­
m e n ts
ees

M a n n in g
A g ree­
m e n ts

E m p lo y ­
ees

T o t a l ----------------------------------------

504

8 4 ,9 7 9

172

1 5 ,7 7 2

48

6 ,4 5 3

91

13. 703

53

1 7. 8 5 6

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ---------------------------C i t y w i d e ---------------------------------------------

195
254
11
38
6

4 1 , 176
3 3 ,4 8 8
777
9 , 221
31 7

62
84
7
16
3

6, 864
7, 3 7 4
428
1 ,0 2 2
84

5
37
2
3
1

761
5, 519
62
62
49

64
27

9, 5 7 6
4 , 127

35
18

1 6, 1 5 9
1, 6 9 7

_

_

_
_

_

-

-

NOTE:
p ro v is io n .

N o n a d d itiv e .

A g re e m e n ts

Table 27.

m ay

c o n ta in

m o re

th a n

-

_

1

Reduction-in-force provisions in police and fire agreements, 1972-73
A ll
a g r e e m e n ts
E m p lo y ­
A g ree­
m e n ts
ees

G o v e rn m e n t a c tiv ity

T o ta l - - - - -

R e f e r e n c e to
re d u c tio n -in -fo rc e
E m p lo y ­
A g ree­
m e n ts
ees

R e f e r e n c e to
re c a ll
E m p lo y ­
ees

A g ree­
m e n ts

------------------------

504

8 4 ,9 7 9

159

1 2, 7 2 8

132

1 0 ,6 7 1

F i r e f i g h t e r s ---------------------------------------P o l i c e -------------------------------------------------P o l i c e a n d f i r e -----------------------------------S h e r i f f s ' d e p u t i e s -----------------------------C it y w i d e

195
254
11
38
6

4 1 , 176
3 3 ,4 8 8
777
9, 221
317

50
80
6
18
5

3, 795
7, 039
214
1, 3 7 2
308

39
66
6
16
5

2 , 641
6, 2 1 6
214
1 ,2 9 2
308

N O T E : N o n a d d itiv e . A g r e e m e n ts
t a i n m o r e th a n 1 p r o v is io n .

m ay con­

Table 28. Training and education provisions in police and fire agreements, 1972-73
A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity
A g r e e ­ E m p lo y ­
ees
m e n ts

J o b -re la te d
tra in in g
A g r e e ­ E m p lo y ­
ees
m e n ts

T u i t io n a i d
A g r e e ­ E m p lo y ­
ees
m e n ts

E d u c a tio n a l le a v e of a b s e n c e

E d u c a t io n
in c e n tiv e p a y

T o ta l

A g r e e ­ E m p lo y ­
ees
m e n ts

P a id

U n p a id

A g r e e ­ E m p lo y ­
ees
m e n ts

A g r e e ­ E m p lo y ­
ees
m e n ts

A g r e e ­ E m p lo y ­
ees
m e n ts

T o t a l ------------------ -----------

504

84, 9 7 9

81

17, 2 4 9

72

9, 159

87

10, 7 2 4

54

9 , 876

13

3, 42 9

49

6, 99 3

F i r e f i g h t e r s ---------------------------P o l i c e --------------------------------------P o l i c e a n d f i r e ---------------------S h e r i f f s ' d e p u t i e s -----------------C it y w i d e -----------------------------------

195
254
11
38
6

4 1 , 176
33, 4 8 8
777
9, 221
317

30
45
3
3

14, 0 3 0
3, 0 3 0
56
133

30
39
2
1

4, 4 6 4
4, 635
54
6

24
56

2, 703
6, 176

14
25
3
12

2, 869
2, 603
138
4, 2 6 6

7
4

69 3
1, 0 0 0
1, 7 3 6

12
24
3
10

2, 637
1, 6 8 8
138
2 , 53 0

'

NOTE:
v is io n .

N o n a d d itiv e . A g r e e m e n ts




m a y c o n ta in m o r e th a n

1 p ro ­

-

-

7

1, 845

-

2

P r o m o tio n p r o c e d u r e s

T e m p o ra ry s e r v ic e
o u t of ra n k

A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity

R e fe re n c e

W ith b id d in g s y s te m

A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
T o t a l -----------------------------------------

504

84, 9 7 9

167

36, 956

184

2 2 ,7 2 1

61

7, 369

F i r e f i g h t e r s --------------------------------------P o l i c e -------------------------------------------------P o l i c e a n d f i r e ---------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e -------------------------------- -------------

195
254
11
38
6

4 1 , 176
33, 4 8 8
77 7
9, 221
317

90
62
6
6
3

2 5 ,4 6 9
9 , 73 6
206
1, 36 8
177

67
88
5
19
5

1 1, 102
8, 4 6 5
190
2, 6 5 6
30 8

19
26
2
10
4

5, 053
1, 5 3 4
49
44 5
288

NOTE:
p ro v is io n .

N o n a d d i t i v e . A g r e e m e n t s m a y c o n t a in m o r e t h a n 1

Table 30. Promotion criteria in police and fire agreements, 1972-73
R e f e r e n c e to
p ro m o tio n

G o v e rn m e n t a c tiv ity

T i m e iil g r a d e

P e rfo rm a n c e
r a tin g

E x a m in a tio n

S e n io rity

A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
----------------------------------------

18 4

2 2 , 721

20

1, 189

92

10. 5 4 0

21

2, 4 5 8

89

9, 976

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e ----------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

67
88
5
19
5

11, 102
8, 46 5
190
2, 6 5 6
30 8

3
17

219
970

36
49

4, 0 7 6
4 , 45 3

5
16

498
1, 9 6 0

-

-

-

_

-

_

-

-

6
1

1, 991
20

-

-

-

-

25
44
5
11
4

5, 649
3, 347
190
531
25 9

T o ta l

NOTE:
v is io n .

N o n a d d itiv e . A g r e e m e n ts




m a y c o n ta in m o r e th a n 1 p r o ­

Chapter 9. Grievances, Arbitration, and Discipline




Scope o f the grievance procedure
Official time
Grievance steps
Arbitration
Arbitration costs
Time limits
Disciplinary procedures
No-strike provisions

Chapter 9. Grievance, Arbitration, and Discipline

Negotiated grievance procedures are designed to
resolve complaints through a series of appeals steps
normally ending in arbitration. Such procedures are
aimed at swift resolution of complaints; that is, at the
earliest possible step in the procedure. Over threequarters of the agreements studied, covering over fourfifths of the employees in the study, referred to
grievance procedures. Proportionately more firefighter
than police agreements contained such provisions.11
(See table 31.)

(261)

Scope of the grievance procedure

Of the 389 agreements specifying grievance pro­
cedures, three-quarters, covering four-fifths of the em­
ployees, defined its scope (Table 31,) which in most
instances was limited to complaints involving inter­
pretation of contract provisions:
Grievance definition
T o t a l ............................. .
In terp retatio n and appli­
cation of the co n tract . . . . .
Any and all com plaints . . . .

Broadly defined grievances, on the other hand,
permitted most complaints to be brought up on appeal.
If given a wide application, any and all grievances
could rise through the formal procedure; even those
concerned with laws, rules, and regulations that were
not part of the agreement, but which nevertheless had
an impact on employer-employee relations. Particular
kinds of complaints might be specified as examples of
matters covered by the procedures, such as discrimina­
tion and safety and health:

Agree­
m ents

44,334
13,599

The union or an employee may present a grievance
to the City with respect to any issue or dispute
concerning the interpretation or application of a Resol­
ution, Ordinance, Rules and/or Regulations governing
employment relations or any other dispute concerning
the reasonableness of a decision of the City with respect
to wage, hours or conditions of employment.

(263)

Should any employee or group of employees feel
aggrieved concerning his or their wages, hours or conditions
of employment, which wages, hours and conditions are
controlled by this contract, or which are provided for
in any Statute, Charter Provision, Ordinance, Rule,
Regulation or policy which is not in conflict with
this contract, or concerning any matter or condition
arising out of the employee-employer relationship, in­
cluding any claim of unjust discrimination and any
matter affecting his or their health and safety, adjust­
ment shall be sought as follows . . .

57,933

216
78

(262)

E m p lo y­
ees

294

A grievance, for the purposes of this article, shall
be defined as any controversy, complaint, misunder­
standing or dispute arising between an employee or
employees and the City, or between the Brotherhood
and the City.

General complaints o f protective service employees
not covered by a contract provision had no avenue for
resolution under the prevalent definition; only rarely
was it extended to include any other matter, such as
the equipment furnished to employees:
(258)

(259)

(260)

Should any grievance, dispute or complaint arise over
the interpretation or application of the contents of this
agreement, there shall be a definite effort on the part of
the parties to settle such promptly through the following
steps. . . .
The purpose of the following grievance procedure
shall be to settle, as quickly as possible, disputes
concerning the interpretation, application and enforce­
ment of the express provisions of this agreement.
For the purpose of this agreement the term “grievance”
shall mean the difference or dispute between any police­
man and the Borough, or a superior officer in the
chain of command, with respect to the interpretation,
application, claim or breach, or violation of any of the
provisions of this agreement, or with respect to any
equipment furnished by the Borough.




But even a broadly written provision may limit the
scope of the procedure to some degree by excluding
regulations of a Civil Service Commission or policy
decisions of a legislative body:
(264)

A grievance is a wrong, real or fancied, considered
by an employee or group of employees as grounds for
complaint, pertaining to employment conditions other
than those covered by the General Rules and Regulations

11 For a full discussion o f grievance and arbitration provi­
sions, see “Grievance and Arbitration Procedures in State and
Local Agreem ents” (Bull. 1833, Bureau o f Labor Statistics,
1975). Police and fire agreements were included in this study
as well.

of the Civil Service Commission of the City of Yakima
for Fire Department employees.
(73)

. . . Complaints, disputes or controversies of any
kind, which arise between one or more employees and
the Town or its agents concerning the working conditions,
hours of work, wages, or rates of pay referred to in this
contract or which are provided for by any Statute,
Charter Provision, Ordinance, Rule, Regulation or Policy,
which is not in conflict with this contract. No action
by any Town Meeting shall be subject to this grievance
procedure.

Official time

Twenty percent o f the agreements with negotiated
procedures expressly granted employees time o ff without
loss of pay to investigate a grievance and prepare the case
for processing (See table 31.) Provisions permitting the
grievance to be processed during regular working hours
without loss of pay to the employee or his representative
were found in almost half o f the negotiated grievance
procedures. Most provisions required notification to
the employer or his prior approval:
(265)

If an employee desires the assistance of a repre­
sentative of the Association in the processing of a
grievance, the City agrees to permit one Association
representative reasonable time off during his regular
work hours, without loss of compensation or other
benefits for this purpose. The grievant and/or the
authorized Association representative shall obtain the
approval of his immediate supervisor or other authorized
departmental supervisor before leaving his duty or work
station or assignment for the purpose of processing
a grievance.

(269)

(267)

Grievance committee members may investigate and
process grievances during working hours without loss
of pay.

Grievance steps

Attempts to resolve grievances by informal discussion
between the grievant and his immediate supervisor were
found in almost all o f the grievance procedures:
(268)

Should any controversy arise between the parties,
the employee shall first discuss the matter with his
immediate supervisor in an effort to resolve the dispute. . . .
Should this fail, he shall then be entitled to request
the union’s intervention on his behalf.
If not resolved, the grievance was forwarded for
consideration to the union; this represents the first
formal step in the grievance procedure. The union then




Any employee having a grievance shall discuss the
matter with the Grievance Committee. If, after investiga­
tion, the Committee finds the grievance to be justified,
it shall be put in writing and be taken up at once with
the Fire Chief or his designated representative.

In most cases, this decision was not specifically
referred to and the clauses were written as if the union
processed all grievances. However, the implication re­
mains that a dispute is reviewed as to its merits early
in the procedure. At this juncture, the issue is reduced
to writing and signed by the grievant; that is, it
enters the formal part of the procedure:
(270)

Grievances shall be reduced to writing on appropriate
forms and shall be signed by the grievant. The committee­
man shall meet with the Chief with respect to any such
grievance not later than the day following the signing
of the grievance . . . .

(271)

The employee alone or with one union representative
shall orally contact his captain or inspector within 10
days after he knew or should have known of the cause
of such grievance . . . The employee’s supervisor shall,
within 5 working days, orally inform the employee
of his decision.
If the grievance is not settled at the first step, the
employee and the union within 5 working days after
the oral decision of the supervisor shall prepare a
written grievance to the Police Chief. A grievant shall
specify in writing which section of the contract he
believes has been violated, set forth the specific facts
relating to the alleged violation and specify the remedy
he is requesting . . . .

The three (3) members of the union grievance
committee shall be granted leave from duty with full
pay for all meetings between the City and union for
the purpose of processing grievances, Mien such meetings
take place at a time during which such members are
scheduled to be on duty.

(266)

generally had to decide whether to take further action
upon the complaint. In some instances, this decision
was made by the union’s grievance committee:

The formal steps consist of a number of appeals to
supervisors in the employee’s chain of command or
other management personnel. The number of such
steps in the procedure varied widely. In smaller com­
munities, the grievance could reach the attention of the
city manager or the mayor while in larger jurisdictions
the dispute was seldom taken beyond the police
or fire department’s chief. In some cases the final
decision on the grievance was made by management
with no further appeal by the employee. Mediation was
provided for in 33 of the agreements as a method of
helping the parties reach agreement. (See table 32.)
Often governed by statute, mediation bordered closely
on factfinding in that recommendations were made to
the parties. If mediation failed, normally the grievance
proceeded to arbitration:
(272)

If the decision of the committee is not satisfactory
and a settlement cannot be negotiated, mediation may
be the next step of the grievance procedure, if requested
or agreed upon by both parties as provided by State
Statutes . . . .

(255)

(273)

In the event that the decision of the Town Manager . . .
is not acceptable to the union, the union may within
10 days file a request with the Maine State Board of
Arbitration and Concilation for the assignment of a
representative for the purpose of mediation and con­
ciliation in the dispute. The parties agree to participate
in such proceedings in good faith.
If within 10 days after the recommendations of the
mediator or conciliator are due, the parties have still
failed to reach an agreement, either party may, by
written notice to the other, request arbitration.
If the Guild wishes to appeal the decision of the
City Manager, such grievance may be submitted for
mediation. Either party may submit a general grievance
within 5 working days after the previous grievance
steps have been exhausted. When a grievance is referred
to mediation, the grievance committee shall select a
mediator by a majority decision within 5 days from the
time the first attempt is made to select him. If the
committee cannot arrive at a majority decision, the
parties shall jointly request the Federal Mediation and
Conciliation Service to provide a panel of 5 mediators
from which the parties may select a mediator. The
representatives of the Guild and the City shall alternately
eliminate the name of one person from the list until
only one name remains. The person whose name was
not eliminated shall be the mediator.
It shall be the function of the mediator to hold a
hearing at which the parties may submit their cases to
him. The mediator shall offer his recommendations on
the interpretation and application of the provisions of
the agreement within 30 days after such hearing.

by the other two. If the two parties cannot agree on the
third, the provision may state that an outside agency
might make the selection:
(148)

. . . In the event they cannot agree on an arbitrator
within 5 days from the meeting called for that purpose,
then an arbitrator shall be selected by the American
Arbitration Association in accordance with their rules
and procedures.

(275)

If the city and the union cannot agree upon an
arbitrator or arbitrators they shall, under the direction
of the Chairman of the Minnesota Public Employment
Relations Board, alternately strike names from a list
of 5 arbitrators selected by said Board until only
one name remains which arbitrator shall make his
decision . . . and it shall be binding upon the parties. . . .

(133)

An employee may appeal from the decision of the
Administrator or the representative of the Administrator
within fifteen (15) days after notice of such decision . . . .
Members of the Grievance Board shall be appointed
as follows:
1. One to be appointed by City of Batavia
2. One to be appointed by the Police Association
3. One to be appointed by both parties . . . .
The report of the Grievance Board shall be final and
binding... .

In a few instances, the dispute was submitted to a
State arbitration board for a final decision:
(215)

Arbitration

Unresolved disputes were submitted to arbitration for
resolution in three-quarters o f the agreements with
grievance procedures. (See table 32.) The decision of the
arbitrator was final and binding in the vast majority of the
provisions. Only 6 percent o f the contracts provided
for advisory arbitration, permitting management to
retain authority for making a final determination:
(236)

The written decision of an arbitrator resulting from
any arbitration of grievances hereunder shall be entirely
advisory in nature and shall in no way be binding or
legally effective upon any of the parties hereto.

Most agreements restricted the arbitrators’ authority
to the subject matter of the grievance, and a few
limited his ability to grant back payment awards:
(276)

The arbitrator shall be limited to the express terms
of the contract and shall not have the power to
modify, amend or delete any of the terms or pro­
visions of the agreement.

(182)

No claim for back wages shall exceed the amount
of wages the employee would otherwise have earned
at his regular rate.

The findings of the Arbitration Board shall be
final and binding on all parties concerned.

(274)

Agreements provided for either a single arbitrator
or for a board of arbitration. Single arbitrators, if
selected, were usually chosen by mutual agreement.
The parties, if unable to agree, in most cases requested
that the American Arbitration Association or a similar
organization provide a list from which they could
make a satisfactory selection. Arbitration boards are
generally made up o f three arbitrators. Management
and the employee organization make one appointment
each, while the third party is neutral and is selected




If the union is dissatisfied with the decision of the
Appeals Board, it may, within ten (10) days thereafter,
submit the dispute to arbitration by the Connecticut
State Board of Mediation and Arbitration. Said Board
shall hear and act on such dispute in accordance with
its rules and render a decision which shall be final
and binding on all parties.

Arbitration costs

Three-quarters of the arbitration clauses provided
for an allocation of the arbitration costs. (See table
32.) As a rule, labor and management shared the
general costs equally. However, other costs which
were related to the case of one party were paid by that
party:
(62)

Costs of the services of the American Arbitration
Association, the fee of the arbitrator and the rent,
if any, for the hearing room shall be borne equally

by the City and the Association. The expenses of any
non-employee witness shall be borne, if at all, by the
party calling them. The fees of the court reporter shall
be paid by the party asking for one; such fees shall
be split equally if both parties desire a reporter or
request a copy of any transcript. Where it will not
interfere with the provisions of the City’s services,
witnesses will be excused without loss of pay; in
other cases, witnesses will, upon reasonable notice,
be permitted to trade shifts or use annual leave.

shall submit his decision in writing, within thirty (30)
days after conclusion of hearings.

Failure by one party to meet the specified time
limits in effect resolved the grievance in the other
party’s favor:
(246)

Some variety existed in cost provisions. In one
agreement, the city paid the entire cost o f cases
it chose to submit to arbitration, whereas in another,
the losing party paid for all costs incurred:
(38)

(277)

If a grievance is submitted to an arbitrator by the
City Administrator under Step 5, the City shall pay the
arbitrator’s fee. If a grievance is submitted to an
arbitrator by an employee under Step 6, the City
and the union shall each pay one-half of the arbitrator’s
fee.
The fees and expenses of said arbitrator shall be
paid by the party against whom the decision is rendered.
All other expenses shall be borne by the party in­
curring them.

Time limits

Time limits were included in the agreements in an
attempt to assure responses by the parties and to
resolve grievances as quickly as possible. These covered
the initial filing o f a grievance, the amount of time
management had to reply, or the length o f time the
union had to appeal:
(278)

(279)

The firefighter or firefighters involved and/or the
local representative shall meet with the immediate super­
visor in an effort to resolve the grievance. If the grievance
is not resolved in this meeting, it shall be put in
writing and submitted to the Chairman of the Grievance
Committee and the Fire Chief. All grievances must be
filed in writing within thirty (30) days of the incident
about which the grievance is concerned or the date on
which the disciplinary action was taken. The Fire
Chief will have five (5) working days in which to answer
the written grievance.
Any grievance shall be considered resolved if there
is no appeal by the employee within four (4) working
days of notification of the decision of the supervisor.
Therefore, any step in the grievance procedure may
be the last step. Grievances resolved at any step shall
not be reversed at the next level of supervision.

Agreements also placed limits on the arbitrator’s
time to make a decision and file a report:
(280)

There shall be no appeal from the arbitrator’s de­
cision, if made in accordance with his jurisdiction and
authority under this agreement. The arbitrator’s de­
cision shall be final and binding on the City, on the
employee or employees, and on the union. The arbitrator




Failure to process the grievance within the time
limits established in the preceding steps presumes that
it has been satisfactorily resolved at the last step to
which it has been properly processed. Failure on the
part of the Fire Department’s representatives to answer
the grievance in the time limits established in the
preceding steps presumes that the claim made in the
grievance is sustained and that the satisfaction requested
will be provided.

Disciplinary procedures

Because of the nature of their duties, protective
service organizations are sensitive to acts o f omission
and commission by safety personnel which might
adversely affect public perception of police and fire
departments. The paramilitary nature of these organi­
zations permits them to respond quickly to events
calling for discipline of a police officer or firefighter.
But the rights of safety personnel are also involved, and,
therefore, the question of discipline has entered col­
lective bargaining agreements.
Forty-four percent of the agreements contained
clauses referring to discipline of police and firefighters.
(See table 33.) These covered a variety o f measures
designed to protect employees from arbitrary or summary
discipline. For example, clauses defined reasons for
discipline (although sometimes vaguely) and at the
same time delineated degrees of punishment, called for
notification including a specification of charges, and
indicated those causes for which notice could be
waived and summary action applied:
(17)

Disciplinary action or measures shall include only
the following:
A. Oral reprimand
B. Written reprimand
C. Suspension (notice to be given in writing)
D. Discharge (notice to be given in writing)
Disciplinary action may be imposed by the Commis­
sion and/or Chief upon any employee failing to fulfill
his responsibilities as an employee of the Rumford
Police Department . . . .

(281)

The employer shall not discharge any employee
without just cause. If, in any case, the employer
feels there is just casue for suspension, the employee
involved will be suspended. The employee and the
union will be notified in writing that the employee
has been suspended and reasons for suspension and
if subject to discharge; that formal charges have been
delivered to the Civil Service Commission. This article
shall not apply to an employee during the probationary
period of employment. Further, that a date of hearing

before the Civil Service Commission has been set and
that the employee has been officially notified of such
date. The employee may notify the union if he so
desires . . . .
(282)

The employer shall not discharge or suspend any
employee without just cause and shall give at least one
warning notice of the complaint against such employee
to the employee in writing and a copy of the same
to the union, except, that no warning notice need be
given to an employee before his discharge if the cause
of such discharge is dishonesty, drunkenness or drinking
while on duty, recklessness, endangering others while on
duty, or the carrying of unauthorized passengers in
City-owned vehicles while on duty.
The warning notice as herein provided shall not
remain in effect for a period of more than 6 months from
date of said warning notice.

3. Being habitually late or tardy.
4. Failure to perform the duties of your position
properly.
5. Negligent or willful damage to City property.
6. Conviction of theft or any felony.
7. Violation of the rules regarding City political
activities.
8. The seeking of any political office in the City.
9. Conduct unbecoming a policeman.
Acceptance of money or gift by an employee when
given under circumstances indicating the hope or expecta­
tion of receiving better treatment than that accorded to
the public in general is prohibited and may result in
immediate dismissal. . . .
(49)

In a number o f cases, the parties have in effect
defined the boundaries o f management’s authority to
determine and administer discipline. Yet, even within
these specific limits, there are cases where the facts and
their interpretation may generate disputes. Examples
include failure to follow reasonable orders o f superiors,
failure to fulfill responsibilities o f the job, or conduct
unbecoming an officer:
(143)

Disciplinary action may be imposed upon an employee
only for failing to fulfill his responsibilities as an
employee . . . If the employer has reason to reprimand
an employee, it shall be done in a manner that will
not embarass the employee before other employees or
the public.
Initial minor infractions, irregularities, or deficiencies
shall first be privately brought to the attention of the
employee, and if corrected, shall not be entered into
his permanent personal record. Only such reprimands
or other critical statements as are entered in the per­
manent personnel records shall be used as evidence
against an employee in any disciplinary action or hearing.
Each employee shall be furnished with a copy of such
entries in his permanent personnel records and shall
be permitted to respond thereto . . . Disciplinary
action or measures shall include only the following:
1. Oral reprimand
2. Written reprimand
3. Suspension (notice to be given in writing)
4. Salary reduction
5. Demotion
6. Discharge

(283)

. . . It is agreed that any policeman may be summarily
suspended without pay if said policeman’s right to
operate a motor vehicle in the State of Maine is
suspended or revoked.
The reasons listed below may be grounds for demo­
tion, dismissal, suspension without pay or reprimand:
1. Drinking on the job or arriving to work while
under the influence of intoxicating beverages
or drugs, bringing same on the job.
2. Failure to follow reasonable orders of your
superiors.




Among the rights and responsibilities retained as the
sole function of management, but by no means wholly
inclusive of them are: the right to suspend, discharge, or
in any other way discipline employees for just cause.
“Just cause” shall mean, among other things, but
not be limited hereto, inefficiency (including a failure
to demonstrate a reasonable competence, to perform
the work in a satisfactory manner as determined by
management); insubordination; infraction of rules re­
lating to the health and safety of employees or of rules
relating to the direction of personnel in the department;
the protection of its property; fighting; clashes with the
law or acts outside of city premises; providing suspension
while charged with a felony until acquittal; for mis­
statement or material omission in the application for
employment; for offensive conduct; accepting bribes in
the course of employment; willful failure to pay debts;
negligent or willful damage or waste of public property;
unexcused absence without being granted leave; intoxi­
cation or the use of alcohol or any other narcotic or
dangerous drugs in any of the following situations:
(1)
having possession of narcotic drugs or al­
coholic liquor in any form, including beer,
while on duty, including the partaking
of such alcohol or drugs during a scheduled
work day while off premises and then
returning to work, or
(2)
the reporting for duty under the influence
of alcoholic liquor or with any evidence
of such on the breath, or while subject
to scheduled emergency call when off duty
using alcoholic liquor to such an extent as
to interfere with ability to handle emergency
duty; for improper political activity or
engaging in a strike, slowdown, or group
stoppage or interruption of work of any
kind as defined elsewhere in this agreement;
or for any activity which discredits City
policy or management; or failure to abide
by the terms of this agreement.

Several disciplinary provisions treated the issue as a
violation o f public trust:
(58)

Troopers of the Division hold a unique status as
public officers in that the nature of their office and
employment involves the exercise of a portion of the
police power of the State.
The security of the State depends to a great extent
on the manner in which troopers perform their duty.

Their employment is thus in the nature of a public
tru st. . . .
The wide-ranging powers and duties given to the
Division and its troopers involve them in all manner
of contacts and relationships with the public. Out of
these contacts questions may arise concerning the actions
of troopers. These questions require immediate investiga­
tion by superior officers designated by the Super­
intendent . . . .
(206)

It is hereby recognized that police officers have a
special duty, by virtue of the position they hold, to be
above reproach in their actions both on and off duty.
It is further recognized that for these and other reasons,
the following may be cause for discharge, reduction,
suspension, or demotion . . .
(1)
An officer has been convicted of a felony
or of a misdemeanor involving moral tur­
pitude.
(2)
An officer has wilfully, wantonly, unrea­
sonably, unnecessarily, or through culpable
negligence been found guilty of brutality
or cruelty to an inmate or prisoner of a
City institution or to a person in custody,
provided the act committed was not neces­
sarily or lawfully done in self-defense, or to
protect the lives of others, or to prevent
the escape of a person lawfully in custody.
(3)
An officer accepts a gift or favor, free
pass or ticket that is not afforded to
all members of the Police Department;
except this shall not be interpreted to
bar officers from receiving small tokens
of appreciation at Christmas time.
(4)
An officer has been guilty of any conduct
unbecoming an officer of the law, and this
conduct reflects unfavorably upon the other
members of the Police Department and
the City.
(5)
An officer has violated any lawful official
regulation or order, or failed to obey any
proper direction or order made and given
by a superior officer.
(6)
An officer has been under the influence
of intoxicants or drugs while on duty; or
has a habitual problem of alcoholism.
(7)
An officer has been guilty of insubordination
or of disgraceful conduct.
(8)
An officer is offensive in his conduct or
language in public, or toward the public,
City officers, or employees.
(9)

(10)

An officer has become afflicted with any
disease or has any physical ailment or
defect which in the opinion of the City
Doctor and the employee’s doctor, makes
him unfit for police duty. In the event
there is a disagreement between the City’s
doctor and the employee’s doctor, a third
doctor’s opinion shall be obtained at no
additional cost to the City and a majority
of the doctors’ opinions shall be the deter­
mining factor.
An officer is incompetent or inefficient
in the performance of his official duties.




(11)

An officer is careless or negligent with
moneys, property or his personal appearance
on duty.
(12) An officer has failed to pay or make reasonaide provisions for future payment of all
his debts.
(13) An officer has used or threatened to use,
or attempted to use personal or political
influence in securing promotion, leave of
absence, transfer, change of rate of pay,
or character of work.
(14) An officer has induced, or attempted to
induce an officer or other person to commit
an unlawful act.
(15) An officer is guilty of intentionally deceiving
a superior officer.
(16) An officer is habitually late for the start
of his shift.
(17) An officer may be discharged, suspended,
reduced in rank for other just causes not
specifically enumerated here.
If any party to this agreement feels any of the above
regulations have been unjustly administered, he may
resort to the provisions of Article IV.

Should a complaint be filed by a member o f the
community, special procedures to air the grievance
might be provided:
(284)

Any complaints from the public shall be in writing
and submitted to the Chief of Police, copy of which
the Chief of Police shall make available to the officer
involved or the union steward within three (3) days
of receipt. A hearing shall be held between the Chief,
the union steward and/or union representative, and/br
the employee concerned, and the person making the
complaint at a time and date agreed upon by the parties
within five (5) days after receiving the complaint;
provided that if no agreement on time and date is
reached within such 5 day period, the Chief shall
set a time and date within 10 days thereafter.

When allegations are brought against a police officer
or firefighter, the disciplinary mechanism begins to
operate. In instances where criminal charges are made,
an internal investigation is to be conducted to ascertain
all relevant facts. Among the provisions in this category
were those which put forth a set of rules to govern
the conduct of internal investigations:
(80)

. . . In an effort to ensure that these investigations
are conducted in a manner which is conducive to good
order and discipline, the following rules are hereby
adopted:
1. The interrogation of a member of the force
shall be at a reasonable hour, and when the
member of the force is on duty, unless the
exigencies of the investigation dictate other­
wise, in which event the reassignment of the
member of the force should be employed
2. The interrogation shall take place at a location
designated by the investigating officer. Usually
it will be at Fire headquarters, Fire stations

3.

4.

5.

6.

7.

8.

or at the location where the incident allegedly
occurred.
The member of the force shall be informed
of the nature of the investigation before any
interrogation commences. The addresses of
complainants and/or witnesses need not be
disclosed; however, sufficient information to
reasonably apprise the member of the allega­
tions should be provided. If it is known
that the member of the force is being inter­
rogated as a witness only, he should be so
informed at the initial contact.
The questioning shall be completed with rea­
sonable dispatch. Reasonable respites shall be
allowed. Time shall also be provided for per­
sonal necessities, meals, telephone calls and
rest periods as are reasonably necessary.
The member of the force shall not be subjected
to any offensive language, nor shall he be
threatened with transfer, dismissal or other
disciplinary punishment. No promises of re­
ward shall be made as an inducement to
answering questions.
The complete interrogation of the member
of the force shall be recorded mechanically
or by a department stenographer. There will
be no “off-the-record” questions. All recesses
called during the questioning shall be recorded.
If a member of the force is under arrest or is
likely to be, that is, if he is a suspect or a
target of a criminal investigation, he shall be
given his rights pursuant to the current de­
cisions of the Supreme Court of the United
States of the United States.
In all cases, in the interest of maintaining the
usually high morale of the force, the Depart­
ment shall afford an opportunity for a mem­
ber of the force, if he so requests, to consult
with counsel or his union representative before
being questioned concerning a violation of the
Rules and Regulations. Counsel and a represen­
tative of the union, may be present during the
interrogation of member of the force.

The investigation may result in the convening o f a
special board to review the charges and the facts that
developed during the investigation. Few agreements
contained provisions referring to these boards, perhaps
because they were often covered by departmental
rules. (See table 33.) Provisions tended to govern
the board’s composition, establish its authority and
power, and set forth a few rules on miscellaneous
matters.
In most instances, the board was composed solely
of departmental members, attributable to the inclination
of the departments to resolve their own problems. In at
least one instance, the public could not attend hearings,
but another provided for open hearings upon request.
Other clauses provided membership for certain indivi­
duals outside o f the department— usually the mayor,




city manager, or their designated representative. As a
rule, membership included nonsupervisory personnel so
that to some degree judgment could be made by peers.
The board generally had authority to issue written
recommendations to the final decisionmaker— for ex­
ample, the chief o f the department or the mayor.
Rules provided in the clauses covered the swearing in of
witnesses, the right of the accused to legal advice, the
use of stenographers, and the disposition of transcripts:
(285)

The Police Chief may, at his discretion, convene a
disciplinary review board consisting of three (3) super­
visory officers with the rank of sergeant or higher to
review the circumstances in any contemplated disci­
plinary action against a patrolman, corporal, or police­
woman, and based upon this review to make an advisory
recommendation to the Police Chief that the charges are
founded or unfounded. Due consideration will be given
to the request of the employee in convening such a
Board, but in any case the final decision shall be that
of the Police Chief.

(132)

DEPARTMENT. Trial Boards, under existing law,
must act as both judge and jury.
(a)
As judge, the Trial Board should conduct
itself with dignity, courtesy, and impar­
tiality.
(b)
As jury, the Trial Board should be fair to
everyone concerned, the accused, the City
Administration and all members of the
Bureau of Fire: the accused because any
man should be presumed to be innocent
until proven otherwise— the administration
because it is responsible for providing the
best possible fire protection for all Wilmingtonians— and all Bureau of Fire mem­
bers because Trial Board decisions are always
watched with interest, and unsound dis­
positions could cause public reaction detri­
mental to the members’ proper interest.
PROCEDURE. After a decision has been reached
as to innocence or guilt (and penalty, if any) the
Trial Board should dictate in a clear and concise manner
the decision of the panel, separately as to each count
charged, the penalty if there is one and the reasoning
behind the decision.
APPEAL. If the member feels that he was unjustly
accused, that the penalty given was too harsh, or that
all the evidence was not introduced on his behalf,
he shall have the opportunity to present his appeal . . . .

(286)

Whenever disciplinary action is contemplated by the
Appointing Authority against any classified employee(s)
with the rank of patrolman through sergeant, such
action shall be immediately referred to a Board of
Review for analysis and recommendation.
The Board of Review shall consist of:
a. The Chief of Police who is designated chair­
man of the Board, and who shall vote only
in the case of a tie.

b. The commanding officer of the Division
wherein the alleged infraction(s) took place.
May have the full right of discussion, but
shall have no voting rights in the decisions
of the Board.
c. The supervisory officer of the individual(s)
to whom the contemplated discipline is
directed. May have the full right of dis­
cussion, but shall have no voting rights
in the decisions of the Board.
d. Three officers with the rank of patrol­
man through sergeant chosen at random
by lottery, and not directly involved in
the alleged incident(s).
e. The City Manager, or at his discretion,
his appointed representative. The Board
shall be empowered to call the alleged
offender(s) and material witnesses, take
informal testimony and prepare a written
recommendation for action by the Appoint­
ing Authority.
(152)

At all disciplinary inquiries or hearings whether
informal or formal conducted by the Chief, Board of
Public Safety, Mayor, or any other tribunal that may
be created by the City for such purposes, all witnesses
shall be sworn, and member(s) of the department
involved in any disciplinary action shall have the right
and the choice of representation. The City or the union
shall have the right to use mechanical recording equip­
ment or a public stenographer during any hearing or
inquiry with the cost, if any, being assumed by the unit
actually hiring the equipment or stenographer. Either
party shall have access to the transcript. All hearings
shall be closed to the public, including the press,
unless such member(s) shall request that it be an open
hearing. The accused shall receive a letter advising
him of the disposition of his hearing within 10 days
after such hearing with a copy to the union.

Over half o f the agreements referring to discipline
provided safety personnel with the right to appeal
disciplinary action through the negotiated grievance
procedure. As a companion to this right, the disciplined
employee might be permitted to meet with city or
department officials accompanied by a representative
of his employee organization, and be allowed to review
his personnel file:
(227)

(287)

The Director of Public Safety and the Fire Chief
shall have the right to discipline or discharge employees
for just cause. Disciplinary action taken by the Director
of Public Safety or the Fire Chief with respect to any
employee which is not subject to appeal or other
review pursuant to law, including official reprimand
which is made a part of the personnel record of any
employee, shall be subject to the grievance procedures
established in this agreement.
It is agreed that the Fire Department has the right
to discipline or discharge employees for just cause.
Disciplinary matters shall be subject to grievance and
arbitration procedures. No disciplinary action resulting
in loss of pay, demotion or dismissal shall be taken




against an employee until he has first been afforded a
conference with a representative of the City at which
time he shall be attended by a designated union repre­
sentative. During the course of any grievance or arbi­
tration procedure which may arise out of said proposed
disciplinary measure, the employee shall be granted,
upon request, the right to review the contents of his
personnel file and for this purpose may have a union
representative present during such examination.
No-strike provisions

Since the public’s safety depends directly upon the
continuous availability o f protective service departments,
strikes by firefighters and police officers are often
prohibited either by specific or general statutes. As a
result, less than half o f the agreements studied con­
tained bans on such actions:
A gree­
m ents
All agreem ents . . . .
With no-strike
provisions ............ .
W ithout no-strike
provisions ............ .

E m p lo y ­
ees

504

84,979

227

49,229

277

35,750

No-strike provisions were generally specific pro­
hibitions of all forms o f concerted work stoppages.
In the event that employees should strike despite
a no-strike provision, 30 agreements covering 9,233
workers required the employee organization to take
measures to disavow the stoppage and to encourage
its members to return to work. Should the union itself
encourage the strike or fail to disavow a strike in
violation of the terms of the contract, it was subject
to fine or damages:
(288)

(a)
The Association will not promote, sponsor,
or engage in any strike against the City, slow down, or
interruption of operation, concentrated stoppage of
work, absence from work upon any pretext or excuse
such as illness, which is not founded in fact; or any
other intentional interruption of the operations of the
City, regardless of the reason for so doing, and will
use its best efforts to induce all employees covered
by this agreement to comply with this pledge.
(b)
The City will not lock out any employees
during the term of this agreement as a result of a labor
dispute with the Association.

(70)

Section 1.
No employee covered by this agreement
shall engage in, induce or encourage any strike, work
stoppage, slowdown, or withholding of services. The
Federation agrees that neither it nor any of its officers
or agents will call, institute, authorize, participate in,
sanction or ratify any such strike, work stoppage,
slowdown, or withholding of services.
Section 2.
Should any em ployee or group of
employees covered by this agreement engage in any

strike, work stoppage, slowdown, or withholding of
services, the Federation shall forthwith disavow any
such strike, work stoppage, slowdown, or withholding
of services and shall refuse to recognize any picket
line established in connection therewith. Furthermore, at
the request of the municipal employer, the Federation
shall take all reasonable means to induce such employee
or group of employees to terminate the strike, work
stoppage, slowdown, or withholding of services and to
return to work forthwith.
Section 3. In consideration of the performance
by the Federation of its obligations under Sections 1
and 2 of this article, there shall be no liability on the
part of the Federation nor of its officers or agents for
any damages resulting from the unauthorized breach
of the agreements contained in this article by individual
members of the Federation.
(221)

The union shall not encourage nor counsel its members
or any person within its bargaining jurisdiction to strike.
A strike in this clause is defined as any concerted act
of work stoppage, slowdown or refusal to perform any
customarily assigned duties. The occurrence of a strike
shall be deemed in violation of this contract. Any
action prohibited in this clause shall be deemed to be
just cause for imposition of the following penalties upon
any violator within the bargaining jurisdiction of the
union.
1. Discharge or any other disciplinary actions
countenanced by this contract or past practices.
2. Loss of compensation, vacation benefits, and
holiday pay, during the period of the stoppage.
Upon notification to the union, confirmed in writing
by the City, that certain of its members are engaged in a




strike as defined within this clause, the union shall
immediately order such members to return to work
immediately and a responsible elected officer of the
union shall order their return to work. In the event
that a strike as defined in this clause occurs upon
notification to the union, the union agrees to take
good faith action to secure the members to return to
work as promptly as possible.
Failure of the union to so cooperate in seeking the
return to work of its members shall be presumptive
evidence that the union has encouraged or counseled the
strike.
If the union has either directly or indirectly authorized,
sanctioned, encouraged or counseled any strike, as de­
fined above, the union shall be liable to the City for
liquidated damages in the amount of Five Hundred
Dollars ($500.00) per day for each day that a company
of Fire Fighters or more refuse to perform their reqular
duties. If fewer than a company of men refuse to per­
form their duties, the union shall be liable to the City
for liquidated damages in the amount of Two Hundred
Dollars ($200.00) per day for each such day.
The City and the union agree that the City, at its
election, may seek payment of any liquidated damages
owed under this provision either in a State suit pro­
ceeding or through the arbitration procedures set forth
in this agreement.
In addition to the penalties provided herein, the
City may enforce any other legal rights and remedies
to which it is entitled by law.

R e f e r e n c e to
g rie v a n c e p ro c e d u re s

A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity

S cope of
g rie v a n c e p ro c e d u re s

O f fic ia l tim e g r a n te d f o r —
G r ie v a n c e p r e p a r a tio n

G r ie v a n c e p r o c e s s in g

A g re e m e n ts E m p lo y e e s A g re e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g re e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
T o t a l -----------------------------------------

504

84, 9 7 9

3 89

72, 079.

294

57, 933

76

7, 3 9 8

185

23, 949

F i r e f i g h t e r s --------------------------------------P o l i c e -------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C it y w i d e ---------------------------------------------

195
254
11
38
6

4 1 , 176
3 3, 4 8 8
777
9 , 221
317

157
187
8
31
6

37, 0 4 8
2 6 , 759
241
7, 7 1 4
317

115
150
3
22
4

30, 0 8 7
2 4 , 333
69
3, 2 5 5
189

24
38
3
9
2

3, 859
2, 9 9 9
135
33 6
69

72
91
3
17
2

11, 611
9, 999
135
2 , 135
69

NOTE:
v is io n .

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in

m o re

th a n

1 p ro ­

Table 32. Status of mediation and arbitration in grievance procedures in police and fire agreements by government activity,
1972-73
F ir e f ig h te r s

T o ta l
P ro v is io n

A ll a g r e e m e n ts

A g ree­
m e n ts

----------------------

N e g o tia te d g r ie v a n c e
p r o c e d u r e s ---------------------------M e d i a t i o n in g r i e v a n c e
p r o c e d u r e s ---------------------------T o ta l a g r e e m e n ts w ith
a r b i t r a t i o n ---------------------------A d v i s o r y a r b i t r a t i o n ------B in d i n g a r b i t r a t i o n ---------S ta tu s of a r b i t r a t i o n n o t
g i v e n -------------------------------A r b itra tio n c o s ts s h a r e d by
u n i o n a n d e m p l o y e r -------------

NOTE:

E m p lo y ­
ees

A g ree­
m e n ts

P o lic e
A g ree­
m e n ts

E m p lo y ­
ees

P o lic e an d f ir e

E m p lo y ­
ees

A g ree­
m e n ts

S h e riffs ' d e p u tie s

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ees

C it y w i d e
A g ree­
m e n ts

504

84, 9 7 9

195

4 1 , 176

254

33, 4 8 8

11

777

38

9, 221

6

389

72, 079

157

37, 0 4 8

187

26, 759

8

241

31

7, 7 1 4

6

317

33

13, 5 9 0

14

10, 171

15

3, 20 5

1

11

2

101

1

102

292
16
244

54, 230
2, 3 8 4
4 0 , 2 62

113
9
89

2 7 , 521
1, 9 7 0
15, 526

142
5
123

19, 0 4 8
11 4
17, 541

7
1
6

22 5
24
201

26
1
23

7, 2 3 0
276
6, 837

4
_
3

206

32

11, 5 8 4

15

10, 02 5

14

1, 393

-

-

2

117

1

49

220

3 8, 9 8 8

80

15, 862

10 8

15, 9 0 4

5

167

23

6, 849

4

206

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n 1 p r o -

Table 33. Disciplinary procedures in police and fire agreements, 1972-73
A ll a g r e e m e n ts
G o v e rn m e n t a c tiv ity

R e f e r e n c e to
d is c ip lin a ry p ro c e d u re s

appeal
fr o m d is c ip lin e

G r ie v a n c e

R e v ie w b o a r d s

A g re e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s A g re e m e n ts E m p lo y e e s A g r e e m e n ts E m p lo y e e s
-------------------------------------

504

84, 9 7 9

219

39, 482

22

7. 372

116

14, 7 6 5

F i r e f i g h t e r s -----------------------------------P o l i c e ----------------------------------------------P o l i c e a n d f i r e -------------------------------S h e r i f f s ' d e p u t i e s -------------------------C it y w i d e -------------------------------------------

195
254
11
38
6

4 1 , 176
33, 4 8 8
777
9 , 221
317

79
110
6
19
5

16, 2 9 4
15, 835
201
6, 861
291

7
14

1

4, 051
2, 071
_
1, 2 5 0

-

~

52
50
3
8
3

9, 5 2 4
3, 717
111
1, 2 4 4
169

T o ta l

NOTE:
v is io n .

N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n




E m p lo y ­
ees

1 p ro ­

_

317

-

157

Chapter 10. Negotiations and Negotiation Impasse Procedures




Savings clause

Chapter 10. Negotiations and Negotiation Impasse Procedures
Negotiations over wages, hours, and working condi­
tions usually involve the establishment o f a committee
by the employee organization which prepares for and
participates in the bargaining o f the contract. Member­
ship usually includes the principal officers o f the or­
ganization, one steward or more, and perhaps especially
elected members. Provisions in 26 percent o f the agree­
ments provided for official time for members of
negotiating committees:
Provision
T otal.................................... ..
Referring to official time for
negotiations.................................. ..
No reference to official time for
negotiations ................................ ..

Agreements

Employees

504

84,979

131

23,982

373

60,997

Most stated that negotiations would be conducted
during regular working hours and that the union negoti­
ators would be excused from their regular duties to take
part without loss o f pay. The number o f union represent­
atives allowed official time was often limited, and in a
few instances, employees were required to find someone
to take their place on the job:
(265)

(212)

The three (3) members of the union negotiating com­
mittee shall be granted leave from duty with full pay for
all meetings between the City and the union for the pur­
pose of negotiating the terms of a contract, when such
meetings take place at a time during which such mem­
bers are scheduled to be on duty .. .
Members of the Department who may be excused
from duty by the Chief for a period of time of less
than one day for the purpose of engaging in the pro­
cessing of grievances or bargaining with the City on be­
half of the union shaU suffer no loss of wages or benefits.
A suitable replacement is necessary.

To limit government expenditures for official time,
several contracts established a maximum number o f
hours available to employee organization negotiators:
(93)

The union shall advise City of the name of its
negotiators. The union shall be allowed a total of 100
hours of employees’ base salary for time spent in nego­
tiations during regular working hours during the life of
this agreement if needed, to be regulated by the Fire
Chief.

Contract negotiations in the public sector often are
conducted under the constraints o f State or local laws




as well as administrative rules and budget procedures.
When for any reason negotiations become deadlocked
it is highly desirable that some means short o f a strike
be found to resolve the impasse and prevent incon­
venience and possible harm to the public. Despite the
fact that police and fire employees are even more re­
stricted in the use o f the strike than other public em­
ployees, only 8 percent of the agreements included
some means o f negotiation impasse resolution. (See
table 35.) This low prevalence, in part, may result from
the existence o f some impasse procedures which are
established by law. Also, past practice may informally
provide labor and management with regularly accepted
methods for settling such disputes.
The least frequently found impasse procedure was
factfinding. (See table 34.) Under this procedure, a single
person or board may hold meetings with the parties
or open hearings to determine the deadlocking issues;
thereafter recommendations are usually made to the
parties for approval and may be disclosed to the public,
bringing pressure on the parties to hasten settlement.
Factfinding is at times used in conjunction with other
impasse procedures. Negotiations may continue during
facting process:
(289)

. . . The Association and the City shall follow the col­
lective bargaining procedure set forth in the laws of the
State of Washington, unless they mutually agree to waive
said procedure, in whole or in part.
Commencement of factfinding or arbitration as therein
provided shall not prevent the parties from entering into
negotiations seeking to resolve any difference during the
pendency of factfinding or arbitration. Any agreements
reached during such negotiations shall be reported to the
appropriate panel, and thereafter shall not be considered
by said panel. . . .

Slightly more evidence o f the use o f mediation and
arbitration to break negotiation deadlocks was found in
police and fire agreements. (See table 34.) Mediation
involves a third party neutral who assists the two negoti­
ating parties to resolve their differences. The neutral ex­
amines the issues with them and may suggest a com­
promise. Clauses in police and fire agreements referred
broadly to the mediation process and its availability to
the parties or specified means for selecting a mediator:

(56)

Issues which remain unsolved after reasonable attempts
at negotiations shall be submitted to the Washington
State Department of Labor and Industries for mediation.

(290)

. . . If, after discussion of all negotiable matters, the
parties fail to reach agreement on any negotiable subject,
either party may declare an impasse. Within three (3)
days after the declaration of impasse, the parties will
attempt to select a person to serve as mediator and to
obtain a commitment from such person to serve. If
they are unable to agree upon a mediator and/or to
obtain such a commitment within said time, either party
may request the American Arbitration Association to
appoint a mediator. The American Arbitration Associa­
tion will within ten (10) days after the receipt of such re­
quest, appoint a mediator in accordance with rules and
procedures prescribed by it for making such appointment.
The mediator will not, however, without the consent of
both parties, make findings of fact or recommend terms
of settlement. . . .

Arbitration involves the use of one neutral third party
or a tripartite panel to resolve the negotiating impasse by
stating terms o f settlement which ordinarily are binding
on the parties, but may be advisory. References in police
and fire agreements to interest arbitration were usually
brief and dealt with specific matters such as the scope of
arbitration, the status o f the decision, or the issue to be
arbitrated:
(61)

(291)

If requested by both parties, the Board [of Labor Re­
lations] may provide as an alternative to factfinding, ar­
bitration of the terms of collective bargaining agreements.
The scope of arbitration under this section shall be sub­
ject to such limitations as the parties shall agree, and if
agreed to in advance, shall be binding on the parties.
On any matter which cannot be agreed upon by official
representatives of the employee organization and the
City Manager or designated representatives of the City
Manager, said matters shall be excluded from the terms
of the resulting proposed agreement to be submitted
to the membership of the employee organization and




shall be submitted to advisory arbitration as set forth
in Chapter 67-900 of the State statutes. . .
(35)

. . . The salaries listed in Article III, Section 3, shall
be in effect until May 1, 1974. Wages renegotiation shall
commence upon 30 days written notice by either party
and shall be settled by May 1, 1974. It is agreed that
should the salary question not be resolved by that
date, the matter may be submitted to arbitration pur­
suant to the terms of this agreement.

Savings clause

When the parties reach agreement they often include
a clause to safeguard the contract. In the event that
certain provisions are declared to be invalid or illegal,
this savings clause allows the rest of the contract to con­
tinue in effect. These clauses were found in 236 agree­
ments covering 55,012 police and firefighters. Contracts
also provided for the reopening of negotiations on the
provisions held to be invalid:
(16)

Should any provision of this agreement be found to
be inoperative, void or invalid by a court of competent
jurisdiction, all other provisions of this agreement shall
remain in full force and effect for the duration of this
agreement, it being the intention of the parties that no
portion of this agreement or provision herein shall be­
come inoperative or fail by reason of the invalidity of
any other portion or provision.

(292)

If any article or section of this agreement or any
addedum thereto should be held invalid by operation of
law or by any tribunal of competent jurisdiction, or if
compliance with or enforcement of any article or section
should be restrained by any court or other tribunal of
competent jurisdiction, the remainder of the agreement
and the addenda thereto shall not be affected thereby,
and the parties to this agreement shall thereafter enter
into immediate collective bargaining negotiations for
the purpose of arriving at a mutually satisfactory sub­
stitute for such article or section.

H a v in g n e g o t i a t i o n i m p a s s e r e s o l u t i o n p r o c e d u r e s
A ll a g r e e m e n ts
T o ta l

G o v e rn m e n t a c tiv ity
A g ree­
m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

M e d ia tio n

E m p lo y ­
ees

F a c tfin d in g

A g ree­
m e n ts

E m p lo y ­
ees

A g ree­
m e n ts

A r b itra tio n

E m p lo y ­
ees

A g ree­
m e n ts

E m p lo y ­
ee s

T o t a l ----------------------------------------

504

8 4 ,9 7 9

25

9, 1 2 9 ;

14

4 , 303

8

3, 104

16

7, 2 0 6

F i r e f i g h t e r s --------------------------------------P o l i c e ------------------------------------------------P o l i c e a n d f i r e --------------------------------S h e r i f f s ' d e p u t i e s ----------------------------C i t y w i d e ----------------------------------------------

195
25 4
11
38
6

4 1 , 176
33, 488
777
9, 221
317

14
11

7, 57 3
1, 5 5 6

7
7

4
4

-

-

-

3, 311
992
-

2, 2 5 0
854
_

9
7
_

5, 883
1, 323
_

-

-

-

-

-

-

-

"

"

N O T E : N o n a d d itiv e . A g r e e m e n ts m a y c o n ta in m o r e th a n




“
1 p ro c e d u re .

-

"

Appendix. Identification of Clauses
Employee organization affiliated with the AFL-CIO unless otherwise
indicated as independent union or association
Clause
Number

Employer and union
1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26




Los Angeles County, Calif.; supervisory peace officers, Professional Peace
Officers Association ( I n d .) ..............................................................................
Lebanon, Pa.; Fire Dept., Firefighters (IA F F )..................................................
Johnstown, N.Y., Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Monterey, Calif.; Police Dept., Monterey Police Relief Association
(Ind.) ..................................................................................................................
Rye, N.Y.; Fire Dept., Rye Paid Firemens’ Association (In d .).......................
Baltimore, Md.; Fire Dept., Firefighters (IAFF) ..............................................
Ontario, Calif.; Fire Dept., Firefighters (IAFF) ..............................................
Huntington, W. Va.; Police and Fire Depts., Fraternal Order of Police (FOP)
(Ind.) and Firefighters ( I A F F ) .......................................................................
Birmingham, Mich.; Police Dept., Birmingham Police Officers’ Association
(Ind.) ..................................................................................................................
Whiteflsh Bay, Wise.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Penn Hills, Pa.; Police Dept., Police Advisory Committee ( I n d .) ...................
Detroit, Mich.; Police Dept., Detroit Police Lieutenants and Sergeants
Assoc. (Ind.) ....................................................................................................
Enfield, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Kalispell, Mont.; Fire Dept., Firefighters (IAFF) ............................................
Anchorage, Alaska; Police Dept., Anchorage Police Dept. Employees’
Assoc. (In d .).......................................................................................................
Hartford, Conn.; Fire Dept., Firefighters (IAFF) ............................................
Rumford, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Lincoln Park, Mich.; Police Dept., Lincoln Park Police Officers’ Associa­
tion (Ind.) .........................................................................................................
St. Clair Shores, Mich.; Police Dept., St. Clair Shores Police Officers’
Assoc. (In d .)......................................................................................................
Fond du Lac, Wise.; Fire Dept., Firefighters (IA F F ).......................................
Petoskey, Mich.; Fire Dept., Teamsters (IBT) ( I n d .) .......................................
Providence, R.I.; Police Dept., Fraternal Order o f Police (FOP) ( I n d .) ----Grand Rapids, Mich.; Fire Dept., Firefighters (IA F F ).....................................
West Hartford, Conn.; Fire Dept., Firefighters (IAFF) ..................................
Plymouth, Mich.; Police Dept., Plymouth Police Officers’ Association
(Ind.) ..................................................................................................................
Mt. Pleasant, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................

Expiration date

June 1975
December 1974
December 1974
June 1976
December 1974
June 1974
June 1975
June 1972
June 1972
December 1974
December 1975
June 1974
June 1976
June 1973
December 1973
June 1975
January 1975
June 1975
June 1976
December 1973
July 1975
June 1974
May 1974
June 1974
June 1975
December 1973

27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63

Portage County, Wise.; Law Enforcement Portage County Deputy Sheriffs
Association (Ind.) ....................... . .t
.........................................................
Bloomfield, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Vernon, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Marin County, Calif.; Sheriff Dept., Marin County Deputy Sheriffs
Association (In d .)....................... ......................................................................
Worcester, Mass.; Police Dept., Worcester Police Officials Association
(Ind.) ..................................................................................................................
Waterbury, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Reno, Nev.; Fire Dept., Firefighters (IAFF) .....................................................
Grosse Pointe Woods, Mich.; Police Dept., Grosse Pointe Woods Police
Officers Association ( I n d .) .............................................................................
Carbondale, 111.; Fire Dept., Firefighters (IA F F )..............................................
Denver, Colo.; Fire Dept., Firefighters (IAFF) ................................................
Muskego, Wise.; Police Dept., Teamsters (IBT) ( I n d .) .....................................
Ann Arbor, Mich.; Police Dept., Teamsters (IBT) ( I n d .) ................................
Bridgeport, Conn.; Fire Dept., Firefighters (IA F F ).........................................
Groton, Conn.; Police Dept., Police Benevolent Assoc. (PBA) (Ind.) .........
Stratford, Conn.; Fire Dept., Firefighters (I A F F )............................................
Seattle, Wash.; Police Dept., Seattle Police Officer’s Guild ( I n d .) ................
Portage, Mich.; Fire Dept., Firefighters (IA F F )................................................
Nampa, Idaho; Fire Dept., Firefighters (IA F F )................................................
Brown Deer, Wise.; Fire Dept., Firefighters (IA F F ).........................................
Birmingham, Mich.; Fire Dept., Firefighters (I A F F ).......................................
Meadville, Pa.; Police Dept., Fraternal Order o f Police (FOP) (Ind.)
Fairfield, Conn.; Police Dept., Teamsters (IBT) (Ind.) ..................................
Boulder, Colo.; city employees Boulder Municipal Employees Associa­
tion (Ind.) ................................................................................................................
Wauwatosa, Wise.; Fire Dept., Firefighters (IAFF) .........................................
Casper, Wyo.; Fire Dept., Firefighters (IA F F )..................................................
Wyandotte, Mich.; Fire Dept., Firefighters (I A F F ).........................................
Auburn, N.Y.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Lake County, Colo.; Fire Dept., Firefighters (IAFF) .....................................
Edgerton, Wise.; Police Dept., Teamsters (IBT) (Ind.) ..................................
Ellensburg, Wash.; Fire Dept., Firefighters (I A F F ) .........................................
Omaha, Neb.; Police Dept., International Brotherhood o f Police Officers
(Ind.) ..................................................................................................................
State o f New Jersey; State Troopers, State Troopers Fraternal Assn, of
New Jersey, Inc. (I n d .)....................................................................................
North Tonawanda, N.Y.; Fire Dept., Firefighters (I A F F )..............................
Cudahy, Wise.; Fire Dept., Firefighters (IA F F )................................................
District o f Columbia; Fire Dept., Firefighters (IA F F ).....................................
Miamisburg, Ohio; Fire Dept., Civil Service Employees’ Association (CSEA)
(Ind.) ..................................................................................................................
State o f New York; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................




December 1973
March 1975
June 1974
June 1974
June 1975
March 1974
June 1975
June 1975
April 1974
December 1974
December 1973
June 1974
June 1974
June 1976
March 1975
August 1974
June 1975
March 1975
December 1974
June 1974
December 1974
June 1975
December 1975
December 1973
June 1975
September 1974
June 1974
January 1974
December 1975
December 1975
December 1974
June 1976
March 1975
December 1974
January 1974
December 1975
March 1976

64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99




Amsterdam, N.Y.; city employees State, County and Municipal Employees
(A FSC M E).........................................................................................................
Olean, N.Y.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Ann Arbor, Mich.; Police Dept., Ann Arbor Police Officers Association
(Ind.) ..................................................................................................................
Manchester, Conn.; Fire Dept., Firefighters (IA FF).........................................
Market City, Calif.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Mayville, Wise.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Boston, Mass.; Police Dept., Boston Collective Bargaining Federation
(Ind.) ..................................................................................................................
Rochester, N.Y.; Fire Dept., Firefighters (IAFF)..............................................
Miamisburg, Ohio; Police Dept., Fraternal Order of Police (FOP) (Ind.) . . .
Seekonk, Mich.; Police Dept., Fraternal Order of Police (FOP) (In d .).........
Muskegon, Mich.; Police and Fire Depts., State, County and Municipal
Employees (A FSC M E)....................................................................................
Westbrook, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Framingham, Mass.; Police Dept., Framingham Police Association (Ind.). . .
Winchester, Conn.; Police Dept., International Brotherhood of Police
Officers (Ind.) ..................................................................................................
Novi, Mich.; Police Dept., Novi Police Officer Association (Ind.)..................
Tampa, Fla.; Fire Dept., Firefighters (IA F F ).....................................................
Schenectady, N.Y.; Fire Dept., Firefighters (IA FF)..........................................
Providence, R.I.; Fire Dept., Firefighters (IA FF)..............................................
Henderson, Nev.; Fire Dept., Firefighters (I A F F )............................................
Nashua, N.H.; Fire Dept., Firefighters (IA F F )..................................................
Hamilton, Ohio; Fire Dept., Firefighters (IA F F )..............................................
Wilmington, Del.; Police Dept., Fraternal Order o f Police (FOP) (Ind.) . . . .
Madison Heights, Mich.; Fire Dept., Firefighters (IA F F )................................
Green Bay, Wise.; Fire Dept., Firefighters (IA F F )............................................
New Haven, Conn.; Fire Dept., Firefighters (IA FF)..........................................
Anchorage, Alaska; Fire Dept., Firefighters (IAFF) ........................................
San Buenaventura, Calif.; Fire Dept., Ventura City Firemen’s Association
(Ind.) ..................................................................................................................
Santa Monica, Calif.; Fire Dept., Firefighters (IAFF).......................................
Wyoming, Mich.; Police Dept., Wyoming Police Officers Association
(Ind.) ..................................................................................................................
Ithaca, N.Y.; Fire Dept., Firefighters (IAFF) ..................................................
State of New York; Police Dept., Civil Service Employees Association
(CSEA) (In d .)....................................................................................................
Monroe, Wash.; Police Dept., Teamsters (IBT) (Ind.) .....................................
Adrian, Mich.; Fire Dept., Firefighters (IAFF) ................................................
Windsor, Conn.; Police Dept., International Brotherhood of Police Officers
(IBPO) (Ind.) ....................................................................................................
East Lansing, Mich.; Fire Dept., Firefighters (IA F F ).......................................
Dade County, Fla.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................

December 1974
June 1975
June 1974
June 1974
June 1975
December 1974
June 1975
June 1974
December 1975
June 1975
April 1976
May 1975
December 1974
June 1975
June 1975
April 1974
December 1974
June 1974
June 1974
June 1974
February 1975
June 1974
June 1973
December 1974
June 1975
December 1973
June 1975
June 1974
July 1974
December 1974
March 1973
December 1974
June 1975
June 1974
June 1973
September 1974

100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137

Livermore, Calif.; Police Dept., L iverm ^ Pplice Association (In d .)............
Lansing, Mich.; Fire Dept., Firefighters (IA F F )................................................
Long Beach, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Buffalo, N.Y.; Fire Dept., Firefighters (IAFF) ................................................
Trenton, Mich.; Police Dept., Fraternal Order of Police (FOP) ( I n d .) .........
Cowlitz County, Wash.; Sheriff Dept., Teamsters (IBT) (Ind.) .....................
Scarsdale, N.Y.; Fire Dept., Scarsdale Uniformed Firefighter Association,
Inc. ( I n d .) ..........................................................................................................
Manhattan Beach, Calif.; Police Dept., Manhattan Beach Police Officers
Association, Inc. (In d .)....................................................................................
Torrance, Calif.; Police Dept., Torrance Police Officers Association (In d .)..
Livonia, Mich.; Police Dept., Livonia Police Lieutenants and Sergeants
Association (In d .)..............................................................................................
Madison, Wise.; Police Dept., Madison Professional Policemen’s Associa­
tion (In d .)...........................................................................................................
Whatcom County, Wash.; Sheriffs Dept., Teamsters (IBT) (I n d .)................
Kings County, Wash.; Police Dept., State, County and Municipal Em­
ployees (AFSCME) ................................................................................................
Boulder, Colo.; Police Dept., Boulder Police Benefit Association (In d .).. ..
Cortland, N.Y.; Police Dept., Tiouga Police Club (Ind.)....................................
Oakland County, Mich.; Sheriffs Dept., State, County and Municipal
Employees (A FSC M E).....................................................................................
Southfield, Mich.; Police Dept., Southfield Police Command Officers
(Ind.) ..................................................................................................................
Pullman, Wash.; Police Dept., Teamsters (IBT) ( I n d .) ......................................
Schnectady, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Sheboygan, Wise.; Fire Dept., Firefighters (IAFF) ...........................................
Meriden, Conn.; Fire Dept., Firefighters (IA F F )..............................................
Cranston, R.I.; Fire Dept., Firefighters (I A F F )................................................
Norwich, Conn.; Fire Dept., Firefighters (IA F F )..............................................
Trinidad, Colo.; city employees, State, County and Municipal Employees
(A FSC M E)......................................................................... ................................
Ann Arbor, Mich.; Police Dept., Teamsters (IBT) (I n d .)................................
Southfield, Mich.; Fire Dept., Firefighters (IAFF) .........................................
Menominee, Mich.; Fire Dept., Firefighters (IAFF) .......................................
Oconomowoc, Wise.; Police Dept., Teamsters (IBT) ( I n d .) ............................
Kalamazoo, Mich.; Fire Dept., Firefighters (IA F F ).........................................
San Francisco, Calif.; Police Dept., San Francisco Police Officers Associa­
tion (In d .)...........................................................................................................
Mankato, Minn.; Police Dept., Police Protective Association (PBA) (Ind.) ..
Eugene, Ore.; Police Dept., Eugene Police Patrolman’s Association (Ind.) . .
Wilmington, Del.; Fire Dept., Firefighters (IA F F )............................................
Batavia, N.Y.; Police Dept., Police Benevolent Association (PBA) (Ind.) . . .
Toledo, Ohio; Police Dept., Fraternal Order of Police (FOP) (Ind.) ............
Garden City, N.Y.; Fire Dept., Firefighters (IA F F ).........................................
Ithaca, N.Y.; Police Dept., Police Benevolent Association (PBA) (Ind.) . ..
Adrian, Mich.; Police Dept., Adrian Police Association (I n d .).......................




June 1976
June 1974
June 1976
June 1974
June 1975
December 1974
May 1977
June 1975
July 1975
November 1973
December 1972
December 1975
December 1974
December 1974
December 1974
December 1974
June 1974
December 1975
December 1974
December 1975
June 1975
June 1975
June 1973
December 1974
June 1974
June 1973
August 1974
December 1974
December 1974
April 1977
December 1973
June 1975
June 1974
December 1976
June 1974
June 1976
December 1974
June 1975

138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169




Racine, Wise.; Police Dept., Racine Policemen’s Professional and Benevo­
lent Corp. (I n d .)......................... _ : '.*.... ...................................................
Southfield, Mich.; Police Dept., Fraternal Order of Police (FOP)(Ind.) . . .
Milwaukee, Wise.; Fire Dept., Firefighters (IA F F )............................................
Richland County, Wise.; Sheriffs Dept., State, County and Municipal
Employees (A FSC M E)....................................................................................
Milwaukee, Wise.; Police Dept., Professional Policemen’s Protective Assoc.
(Ind.) ..................................................................................................................
State o f Minnesota; Dept, of Public Safety, State, County and Municipal
Employees (A FSC M E)....................................................................................
Framingham, Mass.; Fire Dept., Firefighters (I A F F ).......................................
Winnebago County, Wise.; Sheriffs Dept., Winnebago County Sheriffs
Professional Police Association (In d .)...........................................................
Newark, Del.; Police Dept., Fraternal Order of Police (FOP) (In d .)..............
Brown Deer, Wise.; Police Dept., Brown Deer Policemen’s Protective
Assoc. (In d .).......................................................................................................
Negaunee, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Niagara Falls, N.Y.; Police Dept., Niagara FallsPolice Club, Inc. (Ind.) . . . .
Laurium, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Vallejo, Calif.; Fire Dept., Firefighters (IAFF)
...........................................
Torrington, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Allen Park, Mich.; Police Dept., Allen Park Police Officers Association
(Ind.) ..................................................................................................................
Dayton, Ohio; Fire Dept., Firefighters (IAFF)
...........................................
St. Clair Shores, Mich.; Fire Dept., Firefighters (IAFF) ................................
Hazel Park, Mich.; Fire Dept., Firefighters (IAFF) .........................................
Waterbury, Conn.; Fire Dept., Firefighters (I A F F ).........................................
East Providence, R.I.; Police Dept., Fraternal Order of Police (FOP)
(Ind.) ..................................................................................................................
Meadville, Pa.; Fire Dept., Firefighters (IAFF)
...........................................
Cudahy, Wise.; Police Dept., Cudahy Professional Policemen’s Associa­
tion (In d .)...........................................................................................................
Inkster, Mich.; Fire Dept., Firefighters (I A F F )................................................
Great Falls, Mont.; Police Dept., Great Falls Police Protective Associa­
tion (Ind.) .........................................................................................................
Manchester, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Wyoming, Mich.; Police Dept., Wyoming Police Officers Association
(Ind.) ..................................................................................................................
Tucson, Ariz.; Police Dept., Fraternal Order of Police (FOP) (Ind.) ...........
Two Rivers, Wise.; Fire Dept., Firefighters (I A F F ).........................................
Wayne County, Mich.; Fire Dept., Firefighters (I A F F )....................................
Portland, Ore.; Fire Dept., Firefighters (IAFF) ..............................................
Bloomfield, Conn.; Police Dept., International Brotherhood o f Police
Officers (Ind.) ..................................................................................................

December 1975
June 1974
December 1973
December 1974
November 1974
October 1975
June 1974
December 1973
December 1973
December 1974
December 1974
December 1974
January 1976
June 1974
June 1974
June 1974
February 1977
June 1974
June 1974
March 1974
November 1974
December 1975
December 1974
June 1974
June 1974
June 1974
June 1974
December 1976
December 1974
November 1975
June 1975
June 1975

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Stratford, Conn.; Police Dept., State, County and Municipal Employees
(AFSCM E)................................................ .........................................................
Bangor, Me.; Fire Dept., Firefighters (IA F F ).....................................................
Harrisburg, Pa.; Police Dept., Fraternal Order of Police (FOP) (Ind.)............
Peekskill, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Long Beach, N.Y.; Fire Dept., Firefighters (I A F F ).........................................
West Mifflin, Pa.; Police Dept., West Mifflin Borough Policemen (In d .)----Indiana, Pa.; Police Dept., International Brotherhood o f Police Officers
(Ind.) ..................................................................................................................
Decatur, 111.; Police Dept., State, County and Municipal Employees
(AFSCM E).........................................................................................................
Middletown, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Kettering, Ohio; Police Dept., Fraternal Order of Police (FOP) (In d .).........
Menominee, Mich.; Police Dept., Independent Association of Policemen
(Ind.) ..................................................................................................................
Albion, Mich.; Fire Dept., Firefighters (IAFF) ................................................
Lake Orion, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Temple Hills, Calif.; Dept, o f Public Safety, Temple Hills Public Safety
Association (In d .)..............................................................................................
Battle Creek, Mich.; Fire Dept., Firefighters (IA F F ).......................................
Milford, Conn.; Police Dept., State, County and Municipal Emplyoees
(A FSC M E).................................................. ......................................................
Brainerd, Minn.; Police Dept., Brainerd Policemen’s Association (Ind.) . . . .
International Falls, Minn.; Police Dept., State, County and Municipal
Employees (A FSC M E)....................................................................................
Battle Creek, Mich.; Police Dept., Fraternal Order of Police (FOP)
(Ind.) ..................................................................................................................
Windsor Locks, Conn.; Police Dept., State, County and Municipal Em­
ployees (AFSCME) ...........................................................................................
Inkster, Mich.; Police Dept., Inkster Police Officers Association (Ind.) . . . .
St. Ignace, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Milwaukee, Wise.; Fire Dept., Firefighters (IA F F )............................................
New Castle County, Del.; Police Dept., Fraternal Order o f Police (FOP)
(Ind.) ..................................................................................................................
Kalamazoo, Mich.; Police Dept., Fraternal Order of Police (FOP) (Ind.) . . .
Kingsford, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Ann Arbor, Mich.; Fire Dept., Firefighters (I A F F ).........................................
Lewiston, Me.; Police Dept., State, County and Muncipal Employees
(AFSCM E).........................................................................................................
Livingston County, Mich.; Police Dept., Teamsters (IBT) ( I n d .) ..................
Lansing, Mich.; Police Dept., Fraternal Order of Police (FOP) (Ind.)............
Wausau, Wise.; Fire Dept., Firefighters (I A F F )................................................
Burbank, Calif.; Police and Fire Depts., Firefighters (IAFF) and Burbank
Police Officers Association (In d .)..................................................................




March 1975
December 1974
December 1974
December 1974
June 1976
December 1974
December 1974
April 1974
November 1974
February 1974
August 1974
March 1974
June 1975
December 1974
June 1976
July 1975
May 1974
December 1975
June 1976
June 1975
June 1974
December 1975
December 1973
June 1975
December 1974
June 1975
June 1974
December 1975
March 1976
June 1974
December 1974
July 1974

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Portland, Me.; Police Dept., Police Benevolent Association (PBA) (Ind.). . .
Grosse Pointe Park, Mich.; PoliceuDept., Grosse Pointe Park Police
Sergeants and Corporals Association (Ind.) ................................................
Middletown, Conn.; Fire Dept., Firefighters (IA F F ).......................................
Boulder, Colo.; Fire Dept., Firefighters (IAFF) ..............................................
Escanaba, Mich.; Police Dept., Teamsters (IBT) (Ind.).....................................
Lima, Ohio; Police Dept., Fraternal Order o f Police (FOP) (I n d .)................
San Jose, Calif.; Fire Dept., Firefighters (I A F F )..............................................
Fond du Lac, Wise.; Police Dept., Fond du Lac Professional Policemen’s
Association (Ind.) ...........................................................................................
Mount Vernon, Wash.; Police Dept., Teamsters (IBT) (I n d .) .........................
Dekalb, 111.; Fire Dept., Firefighters (IAFF) .....................................................
Waukesha, Wise.; Fire Dept., Firefighters (IAFF) ...........................................
La Mesa, Calif.; Police Dept., La Mesa Police Officer’s Association
(Ind.) ................................................................................................................
Syracuse, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
East Hartford, Conn.; Fire Dept., Firefighters (IAFF) ..................................
Westport, Conn.; Police Dept., Westport Police Association ( I n d .) ..............
North Providence, R.I.; Police Dept., Fraternal Order of Police (FOP)
(Ind.) ..................................................................................................................
West Haven, Conn.; Police Dept., State, County and Municipal Em­
ployees (AFSCME) .........................................................................................
Eugene, Ore.; Fire Dept., Firefighters (IA F F )..................................................
Meriden, Conn.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Racine, Wise.; Fire Dept., Firefighters (IAFF) ................................................
Wallingford, Conn.; Fire Dept., Firefighters (IAFF) .......................................
Glastonbury, Conn.; Police Dept., Glastonbury Police Officer’s Associa­
tion (Ind.) ......................................................................................................
Cohoes, N.Y.; Police Dept., Cohoes Police Benevolent and Protective
Association (In d .).............................................................................................
Dunkirk, N.Y.; Police Dept., Police Benevolent Association (PBA)
(Ind.) ..................................................................................................................
Rye, N.Y.; Police Dept., Rye Police Association (Ind.) ................................
Harrisburg, Pa.; Fire Dept., Firefighters (IAFF) ..............................................
Sacramento, Calif.; Fire Dept., Firefighters (IAFF) .......................................
Milford, Conn.; Fire Dept., Firefighters (IAFF) ..............................................
Andover, Mass.; Police Dept., Andover Police Betterment Association
(Ind.) ..................................................................................................................
Madison Heights, Mich.; Police Dept., Madison Heights Police Officers
Association (Ind.) ...........................................................................................
Norwich, Conn.; Police Dept., International Brotherhood of
Police
Officers (Ind.) ..................................................................................................
Pontiac, Mich.; Fire Dept., Firefighters (IA F F )................................................
Marin County, Calif.; Emergency Services, Marin County Employees’
Association (Ind.) ...........................................................................................
Fowlerville, Mich.; Police Dept., Teamsters (IBT) (I n d .)................................
Cheyenne, Wyo.; Fire Dept., Firefighters (IAFF) ............................................

March 1974
June 1975
June 1974
December 1975
June 1974
February 1974
June 1975
December 1973
December 1974
April 1975
December 1974
June 1974
December 1974
June 1974
June 1975
June 1975
June 1975
June 1975
June 1973
December 1975
June 1974
June 1974
December 1974
December 1974
December 1974
December 1974
June 1975
June 1975
June 1974
June 1973
June 1974
December 1974
June 1974
June 1974
June 1974

237
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246
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250
251
252
253
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255
256
257
258
259
260
261
262
263
264
265
266
267
268
269

Worcester, Mass.; Fire Dept., Firefighters (I A F F )............................................
Brewer, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Falmouth, Mass.; Police Dept., The Falmouth Police Federation (Ind.)
Roseville, Mich.; Police Dept., Roseville Police Officers association
(Ind.) ................................................................................................................
New Castle County, Del.; municipal employees, State, County and
Municipal Employees (AFSCM E)..................................................................
Norway, Mich.; city employees, State, County and Municipal Employees
(AFSCM E).........................................................................................................
Rochester, N.Y.; Police Dept., Rochester Police Locust Club, Inc.
(Ind.) ..................................................................................................................
Fairborn, Ohio; Police Dept., Fraternal Order of Police (FOP) ( I n d .) .........
Alameda, Calif.; Fire Dept., Firefighters (IA F F )..............................................
Littleton, Colo.; Fire Dept., Firefighters (IA F F )..............................................
Anaheim, Calif.; Fire Dept., Firemen’s Protective League of Anaheim
(Ind.) ..................................................................................................................
Hurley, Wise.; Police and Fire Dept., State, County and Municipal Em­
ployees (AFSCME)...........................................................................................
Dane County, Wise.; Law Enforcement Unit Teamsters (IBT) (In d .)...........
Houlton, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Galt, Calif.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Iron County, Mich.; Sheriffs Dept., State, County and Municipal Em­
ployees (AFSCME) .........................................................................................
Tecumseh, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Hartford, Wise.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Millinocket, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Barrington, Vt.; Police Dept., Fraternal Order of Police (FOP) (I n d .).........
Port Huron, Mich.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Ionia, Mich.; Police Dept., State, County and Municipal Employees
(AFSCME)...........................................................................................................
Reno, Nev.; Fire Dept., Firefighters (I A F F )....................................................
Canonsburg, Pa.; Police Dept., Fraternal Order of Police (FOP) (Ind.) . . . .
Bangor, Me.; Police Dept., Fraternal Order of Police (FOP) (Ind.) ..............
La Habra, Calif.; Fire Dept., Firefighters (IAFF) ...........................................
Torrington, Conn.; Fire Dept., Firefighters (IAFF) .......................................
Yakima, Wash.; Fire Dept., Firefighters (IAFF) ..............................................
Puyallup, Wash.; Fire Dept., Firefighters (IAFF) ...........................................
Hayward, Calif.; Police Dept., Hayward Police Association (Ind.) ..............
Aurora, 111.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Marysville, Wash.; Police Dept., Teamsters (IBT) (Ind.) ................................
Walla Walla, Wash.; Fire Dept., Firefighters (IAFF) .......................................




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283
284
285
286
287
288
289
290
291
292




Grand Haven, Mich.; Fire Dept., Firefighters (IAFF) .....................................
Two Rivers, Wise.; Police Dept., Wisconsin Professional Policemen’s
Assoc. (In d .).......................................................................................................
Marinette, Wise.; Fire Dept., Firefighters (IAFF) ...........................................
Spokane, Wash.; Police Dept., Spokane Police Guild (Ind.) .........................
Los Angeles County, Calif.; Fire Dept., Firefighters (I A F F ).........................
Mankato, Minn.; Fire Dept., Firefighters (IA F F )..............................................
West Hartford, Conn.; Police Dept., State, County and Municipal Em­
ployees (AFSCME) .........................................................................................
Roseville, Mich.; Fire Dept., Firefighters (IAFF) .........................................
Newport, R.I.; Fire Dept., Firefighters (I A F F )................................................
Livonia, Mich.; Fire Dept., Firefighters (IAFF) ..............................................
Ferndale, Mich.; Police Dept., State, County and Municipal Employees
(AFSCME)
....................................................................................................
Aurora, 111.; Fire Dept., Firefighters (IAFF) .....................................................
Manitowoc, Wise.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Gardiner, Me.; Police Dept., State, County and Municipal Employees
(AFSCME) .......................................................................................................
Lewiston, Me.; Police Dept., State, County and Municipal Employees
(AFSCME) .......................................................................................................

July 1975

Livonia, Mich.; Police Dept., Livonia Police Officers’ Association (Ind.) . . .
Caspar, Wyo.; Police Dept., Police Benevolent Association (PBA) (Ind.) . ..
Allentown, Pa.; Fire Dept., Firefighters (IA FF)................................................
Reno, Nev.; Police Dept., Reno Police Protective Association (In d .)...........
Yakima, Wash.; Police Dept., Yakima Police Patrolmen’s Association (Ind.).
Houlton, Me.; Police Dept., State, County and Municipal Employees
(A FSC M E).........................................................................................................
Miami, Fla.; Fire Dept., Firefighters (I A F F )....................................................
Beloit, Wise.; Police Dept., Beloit Patrolmen’s Association ( I n d .) ................

November 1973
June 1974
December 1974
June 1975
December 1974

December 1974
December 1974
December 1974
June 1974
December 1975
June 1975
June 1975
June 1974
November 1973
September 1976
September 1975
December 1974
April 1974
December 1975

January 1975
October 1974
December 1973

BUREAU OF LABOR STATISTICS
REGIONAL OFFICES

Region I

Region V

1603 J F K Federal Building
Governm ent Center
Boston. Mass. 0 2 2 0 3
Phone; (6 1 7 ) 223-6761

9th Floor
Federal O ffice Building
2 3 0 S. Dearborn Street
Chicago , III. 6 0 6 0 4
Phone:

(3 1 2 ) 3 5 3 -1 8 8 0

Region II
Suite 3 4 0 0
1 5 15 Broadway
N ew Y o rk . N .Y . 1 0 0 3 6
Phone:

Region V I

(2 1 2 ) 9 7 1 -5 4 0 5

Second Floor
5 5 5 G riffin Square Building
Dallas, T e x . 7 5 2 0 2
Phone: (2 1 4 ) 7 4 9 -3 5 1 6

Region III
Regions V II and V I I I *

P.O. Box 1 3 3 0 9
Philadelphia. Pa. 19101
Phone:

(215) 5 9 7 -1 1 5 4

911 W alnut Street
Kansas C itv . Mo. 6 4 1 0 6
Phone: (8 1 6 ) 374-2481

Region IV
1371 Peachtree S treet, N .E .
A tlanta, Ga. 3 0 3 0 9
Phone: (404) 5 2 6 -5 4 1 8




Regions IX and X * *
4 5 0 Golden Gate Avenue
Box 3 6 0 1 7
San Francisco, C alif. 9 4 1 0 2
Phone:

* Regions VII and VIII are serviced by Kansas City
** Regions IX and X are serviced by San Francisco

(4 1 5 ) 5 5 6 -4 6 7 8