Collective Bargaining

Agreements for

Police and Firefighters

U.S. Department of Labor 

Bureau of Labor Statistics

Bulletin 1885

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U nited S ta te 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 fo r p o lic e and 

f i r e f i g h t e r s .

(B u lle tin - Bureau o f Labor S t a t i s t i c s ; 1885) 

’’P repared . . . by R ichard R. N elson, w ith th e 

a s s is ta n c e of John H. Chase and Haney R. P earson, J r . , 

under th e d ire c tio n o f Leon E. Lunden, p ro je c t 

d i r e c t o r .”

S upt. o f Docs, n o .: L2.3:1885

1 . C o lle c tiv e la b o r agreem ents—P o lic e —U nited 

S ta te s . 2. C o lle c tiv e la b o r agreem ents—Firem en— 

U nited S ta te s . 3» C o lle c tiv e la b o r agreem ents— 

P o lic e —U nited S ta te 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 nited S ta te s —S t a t i s t i c s . 

I . N elson, R ichard Rex. I I . Chase, John H.

I I I . P earson, Haney R. IV. T i t l e . V. S e rie s : 

U nited S ta te s . Bureau o f Labor S t a t i s t i c s .

B u lle tin ; IB85.

KF3409.P77AS42 331.S9, 041, 3632 75-619345

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Federal Reserve Bank of St. Louis
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

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Preface

This bulletin is one of 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 of agreements covering police and fire

protection employees in State, county, and municipal jurisdictions.

This bulletin was prepared in the Division of Industrial Relations by Richard R. Nelson,

with the assistance of 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 of the Department of Labor.

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Contents

Page

Chapters:

1. Introduction ................................................................................................................................................................ 2

2. Identifying characteristics of agreements................................................................................................................ 4

3. Administrative provisions ........................................................................................................... 10

4. Wage provisions and allowances................................................................................................................................ 28

5. Hours, overtime, and outside employment.............................................................................................................. 37

6. Paid and unpaid leave ................................................................................................................................................ 48

7. Pension and insurance benefits.................................................................................................................................. 58

8. Personnel policies ....................................................................................................................................................... 67

9. Grievance, arbitration, and discipline....................................................................................................................... 80

10. Negotiations and negotiation impasse procedures .............................................................................................. 91

Tables:

1. Police and fire agreements by level of government and city size, 1972-73 ....................................................... 7

2. Police and fire agreements by region and employee organization, 1972-73 ..................................................... 7

3. Police and fire agreements by occupational group and employee organization, 1972-73 ............... 7

4. Police and fire agreements by size of bargaining unit and employee organization, 1972-73 ......................... 8

5. Contract duration of police and fire agreements by government activity, 1972-73 ....................................... 8

6. Union security arrangements in police and fire agreements by employee organization and

region, 1972-73 ......................................................................................................................................................... 25

7. Dues checkoff, management rights, antidiscrimination, and residency requirement provisions in

police and fire agreements, 1972-73 ..................................................................................................................... 25

8. Official time for union business in police and fire agreements, 1972-73 ......................................................... 25

9. Miscellaneous union activity provisions in police and fire agreements, 1972-73 .............................................. 26

10. Leaves of absence for union business in police and fire agreements, 1972-73 ................................................... 26

11. Wage adjustment provisions in police and fire agreements, 1972-73 ................................................................... 35

12. Parity and longevity pay provisions in police and fire agreements, 1972-73 ..................................................... 35

13. Pay for shifts and holidays worked in police and fire agreements, 1972-73 ...................................................... 35

14. Uniform and automobile allowances in police and fire agreements, 1972-73 ................................................... 35

15. Scheduled weekly hours of work in police and fire agreements, 1972-73 .......................................................... 46

16. Scheduled days in the workweek in police and fire agreements, 1972-73 .......................................................... 46

17. Overtime and related provisions in police and fire agreements, 1972-73 .......................................................... 46

18. Outside employment provisions in police and fire agreements, 1972-73 .......................................................... 46

19. Allowances for voting, police court time, and jury duty in police and fire agreements, 1972-73 .................. 55

20. Paid holiday provisions in police and fire agreements by government activity, 1972-73 ................................. 55

21. Maximum vacation allowances in police and fire agreements, 1972-73 ............................................................ 56

22. Selected payments for time not worked in police and fire agreements, 1972-73 ............................................. 56

23. Personal and maternity leave provisions in police and fire agreements, 1972-73 ............................................ 56

24. Life insurance, health benefit plans, and pension provisions in police and fire agreements, 1972-73 ........... 65

25. Line-of-duty benefit provisions and liability protection in police and fire agreements, 1972-73.................. 65

26. Probationary periods, work assignment provisions, and manning in police and fire agreements,

1972-73 ....................................................................................................................................................................... 77

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Contents—Continued

Page

Tables— Continued

27. Reduction-in-force provisions in police and fire agreements, 1972-73 .............................................................. 77

28. Training and education provisions in police and fire agreements, 1972-73 ....................................................... 77

29. Temporary service out of rank and promotion procedures in police and fire agreements, 1972-73............... 78

30. Promotion criteria in police and fire agreements, 1972-73 .................................................................................. 78

31. Negotiated grievance provisions in police and fire agreements, 1972-73 ........................................................ 89

32. Status of mediation and arbitration in grievance procedures in police and fire agreements by

government activity, 1972-73 ................................................................................................................................ 89

33. Disciplinary procedures in police and fire agreements, 1972-73 ....................................................................... 89

34. Negotiation impasse resolution procedures in police and fire agreements, 1972-73 ....................................... 93

Appendix: Identification of clauses.................................................................................................................................. 94

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Chapter 1. Introduction

Scope o f study

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Chapter 1. Introduction

Police and fire protection, of vital importance to the

safety and well-being of 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 noneconomic benefits. Because the outcome of 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 of 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 of 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

For this study, the Bureau examined 504 collective

bargaining agreements covering 84,979 fire, police,

and sheriffs’ department employees, including clerical

and support personnel. The areas of jurisdiction included

238 State, county, and municipal governments contained

within 32 States and the District of Columbia. A small

number of city or countywide agreements which extended 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 ordinances and executive orders are in fact the consequence

of discussions involving employee organizations. However, 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.

1 The Bureau maintains a file of private and public sector

collective bargaining agreements, all voluntarily submitted,

which are available for public use.

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Chapter 2. Identifying Characteristics of Agreements

Bargaining unit designation

Level of government

Employee organization and affiliation

Region

Occupational group

Size of bargaining unit

Contract duration

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Chapter 2. Identifying Characteristics of Agreements

Bargaining unit designation

Police agreements outnumber fire protection contracts in the study, but the number of fire protection

employees who are covered is greater than the number

of police protection employees, as shown in the following tabulation:

Activity Agreements Employees

T o ta l........................... 504 84,979

Firefighters............................ 195 41,176

Police ..................................... 254 33,488

Police and firefighters......... 11 777

Sheriffs’ deputies ................ 38 9,221

City wide1................................ 6 317

For the purposes of 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 of sheriffs’ departments. 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 of 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 of the

agreements were reached at the county level, covering 15

percent of 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 of 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 of 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 concentrated 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 ta l............................ 504 84,979

All AFL-CIO affiliated

unions ............................ 266 45,158

Firefighters............................ 179 39,846

State, County and Municipal

Employees (AFSCME). . . . 84 4,942

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.

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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 environment of growing union militancy. Already firmly established as a representative of fire protection employees,

it easily moved into an active collective bargaining role

when such methods become legal.

The State, C ounty and Municipal E m ployees

(AFSCME) is the only other AFL-CIO affiliate with a

relatively large number of 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 of 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 ta l............................ 192 37,236

Police associations................ 128 27.056

Fire associations.................. 16 848

Fraternal Order of Police . . 30 2,845

Police benevolent

associations......................... 12 5,992

Civil service employee

associations......................... 2 187

Independent city employee

associations......................... 4 308

Among police, the dominance of associations over

AFL-CIO unions may be attributable to the Federation’s

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 International 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 affiliation with the International Conference of 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 of 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.

Occupational group

As a rule, protective service agreements covered nearly

all employees in police and fire departments— both

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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 agreements were more prevalent, more so for nonofficer

contracts than for those of 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 of 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 employees 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 municipal 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 Agreements in Large

Cities, Bull. 1759 (Bureau of Labor Statistics), pp. 4,6.

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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 A g r e e m e n t s E m p lo y e e s

T o ta l -------------------------------------------------------------- 5 0 4 8 4 ,9 7 9

S ta te -------------------------------------------------------------------------- 6 5 , 317

C o u n ty ---------------------------------------------------------------------- 51 1 2 ,8 0 6

C i t y --------------------------------------------------------------------------- 4 4 7 66, 856

P o p u la tio n o f:

1 ,0 0 0 , 00 0 a n d o v e r ------------------------------------- 3 13, 175

5 0 0 , 0 0 0 th r o u g h 9 9 9 , 9 99 ---------------------- — 14 1 2 ,0 0 4

2 5 0 , 0 0 0 th r o u g h 4 9 9 , 999 -------------------------- 20 1 2 ,2 2 5

100, 0 00 t h r o u g h 2 4 9 , 9 99 -------------------------- 34 8, 924

5 0, 000 t h r o u g h 9 9, 999 - ------------------ — 95 1 0 ,2 8 1

2 5, 0 00 th r o u g h 4 9 , 999 ----------------------------- 111 5, 951

10, 0 0 0 t h r o u g h 24, 9 99 ----------------------------- 118 3, 0 28

L e s s th a n 1 0 ,0 0 0 ---------------------------------------- 52 1, 2 68

Table 2. Police and fire agreements by region and employee organization, 1972-73

R e g io n

A ll a g r e e m e n ts

E m p lo y e e o r g a n iz a t i o n

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 o r g a n iz a t i o n s 1 A s s o c i a ti o n s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o 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, 979 266 4 5 , 158 40 1, 666 6 919 192 37, 236

N e w E n g l a n d ------------------------------------- 85 8, 664 65 6, 733 2 118 . _ 18 1, 813

M id d le A t l a n t i c --------------------------------- 72 2 6, 021 25 14, 947 2 610 - - 45 10, 4 6 4

E a s t N o r th C e n t r a l -------------------------- 187 15, 815 104 7, 359 21 6 88 1 24 61 7, 744

W e s t N o r th C e n t r a l ------------------------- 22 2, 315 10 1, 336 6 52 - - 6 927

S o u th A tla n tic ----------------------------------- 14 7, 4 1 0 8 5, 5 0 8 - - 1 227 5 1, 675

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 ta in -------------------------------------------- 23 2, 4 73 15 1, 614 - - - - 8 859

P a c i f i c ------------------------------------------------ 101 2 2, 281 39 7, 661 9 198 4 668 49 13, 754

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 - e m p lo y e e s in v o lv in g A F L - C I O u n io n s a n d in d e p e n d e n t u n io n s . 

C IO u n io n a n d a n e m p lo y e e a s s o c ia t io n , a n d 4 a g r e e m e n ts c o v e r in g 612

Table 3. Police and Tire agreements by occupational group and employee organization, 1972-73

O c c u p a tio n a l g r o u p

A ll a g r e e m e n t s

E m p lo y e e co r g a n iz a tio n

A F L -C IO I n d e p e n d e n t A F L - C I O a n d in d e p e n d ­

e n t o r g a n iz a t i o n s A s s o c i a ti o n s

A g r e e ­

m e n ts

E m p l o 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 l o y ­

e e s

T o ta l ___ ___ _______ ___ 50 4 84. 979 2 66 4 5 . 158 40 1. 666 6 919 192 3 7 .2 3 6

O f f i c e r s --------------------------------------------- 19 3, 315 5 320 3 165 11 2, 830

N o n o f f ic e r s ( r a n k - a n d - f i l e

p o lic e a n d f i r e f i g h t e r s ) ----------------- 4 8 5, 166 18 1, 774 5 4 6 _ _ 25 3, 346

C i v i l i a n s --------------------------------------------- 13 6 4 8 8 353 - _ - _ 5 295

O f f i c e r s a n d n o n o f f i c e r s ----------------- 209 4 5 , 869 116 2 6, 972 13 1 ,0 7 1 - _ 80 17, 826

N o n o f f ic e r s a n d c i v i l i a n s ----------------- 8 1, 582 3 50 2 79 _ _ 3 1 ,4 5 3

A ll o c c u p a tio n a l g r o u p s -------------------- 207 2 8, 399 116 15, 6 8 9 17 305 6 919 68 1 1 ,4 8 6

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S iz e of b a r g a i n i n g u n it

A ll a g r

E m p lo y e e o r g a n iz a t i o n

A F L - C I O In 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 o r g a n iz a t i o n s A s s o c i a ti o n 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 l o 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 l o 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 ---------------------------------------- 5 0 4 8 4 ,9 7 9 266 4 5 , 158 4 0 1 ,6 6 6 6 919 192 3 7 ,2 3 6

U n d e r 10 e m p lo y e e s ------------------------ 24 144 11 65 9 ' 55 4 24

1 0 - 2 4 ----- ----------------------------------------- 107 1, 820 61 1, 046 16 239 1 24 29 511

2 5 -4 9 ----------------- - ------------------------- 126 4 , 366 59 1 ,9 4 8 9 315 _ _ 58 2 , 103

5 0 -9 9 --------------------------------------------------- 110 7, 896 64 4 ,6 1 9 3 247 2 190 41 2, 840

1 0 0 -2 4 9 --------- --------------- -------------- 68 9, 971 34 4 , 860 2 210 2 4 3 9 30 4 , 4 62

2 5 0 -4 9 9 - - - ----------------- --------- 35 1 2 ,5 8 8 21 7, 888 _ _ 1 266 13 4 , 4 3 4

5 0 0 -9 9 9 ----- - — - ------- -.......... 18 1 2 ,0 8 7 9 6, 072 1 600 _ _ 8 5, 4 15

1 ,0 0 0 - 1 ,9 9 9 --------------- -------------------- 11 1 4 ,9 0 1 5 6, 760 _ __ _ 6 8, 141

2 ,0 0 0 - 2 ,9 9 9 ------ ----- -------------- 2 4 , 600 1 2, 500 _ _ _ 1 2, 100

3, 0 0 0 -3 , 999 — ------------------------------ 1 3, 200 _ _ _ _ _ 1 3, 2 0 0

4 , 0 0 0 -4 , 999 ----- ------------------ --------- 1 4 , 006 _ _ _ _ _ 1 4 , 006

5 , 000 e m p lo y e e s a n d o v e r ------------- 1 9, 4 0 0 1 9, 4 0 0 “ - "

Table 5. Contract duration of police and fire agreements by government activity, 1972-73

C o n tr a c t d u r a ti o n

A ll a g r e e m e n ts F i r e f i g h t e r s P o li c e P o li c e a n d f i r e S h e r i f f s ' d e p u tie s C ity w id e

A g r e e ­ E m p lo y ­ A g r e e ­ E m p lo y ­ A g r e e ­ E m p l o y ­ A g r e e ­ E m p lo y ­ A g r e e ­ E m p lo y ­ A g r e e ­ E m p lo y ­

m e n ts e e s m e n ts e e s m e n ts e e s m e n ts e e s m e n ts e e s m e n ts e e s

T o ta l ------------------------------ 5 0 4 84, 979 195 4 1 , 176 2 5 4 33, 4 8 8 11 777 38 9. 221 6 317

L e s s th a n 12 m o n th s ------------- 14 7, 511 7 2, 825 6 680 _ 1 4, 006 _ _

12 m o n th s -------------------------------- 180 2 0 , 233 67 9, 773 87 7, 60 4 4 325 20 2, 420 2 111

1 3 -1 7 m o n th s -------------------------- 15 4, 856 5 1, 317 7 3, 233 - - 3 306 - -

1 8 m o n th s -------------------------------- 5 206 1 108 4 98 - - - - - -

1 9 -2 3 m o n th s -------------------------- 20 6, 471 6 282 12 5, 9 1 4 - - 2 275 - -

24 m o n th s -------------------------------- 182 2 0, 739 74 11, 324 96 8, 612 3 63 7 603 2 137

2 5 -3 5 m o n th s -------------------------- 14 13, 501 9 11, 4 76 5 2, 025 - - - - - -

36 m o n th s -------------------------------- 63 8, 814 21 3, 111 33 3, 916 2 107 5 1, 611 2 69

M o r e th a n 36 m o n th s ------------- 5 1, 015 1 96 2 637 2 2 82 - - - -

D u r a tio n u n d e t e r m in e d --------- 6 1, 633 4 864 2 769 " " "

' "

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Federal Reserve Bank of St. Louis
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

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Federal Reserve Bank of St. Louis
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 of 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 Employee Relations Commission (Employee Relations Commission File No. R-22-69) as the majority representative of 

County employees in the Supervisory Peace Officers Employee Representation Unit (hereinafter [called] the 

“Unit”) previsouly found to be appropriate by said Employee Relations Commission. Management hereby recognizes 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

of 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 of 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

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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 of 1970 and Presidential 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 of final agreements. Both of these terminated

in the spring of 1974. Thirty-six agreements negotiated

during the controls period, covering 19,334 police and

fire employees (7 percent of 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 government. 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 frequently found, such arrangements are not yet prevalent

in police and fire agreements. Only 33 percent of 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 of agreements and employees covered,

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Federal Reserve Bank of St. Louis
ments and 43 percent of the police and fire employees

under such provisions. Union shop and maintenance of

membership arrangements followed with an equal prevalence:

Type of union security Agreements Employees

Total with union

security

arrangements .... 167 21,973

Union s h o p ............................ 32 1,490

Modified union s h o p ........... 25 4,446

Agency s h o p ......................... 78 9,375

Maintenance of membership. 32 6,662

However, union shop arrangements covered fewer employees 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 of 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 of 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

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 membership 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.

(16) 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 of 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 of the union security agreements, covering more than 20 percent of the police and

fire employees, contained provisions for a modified

union shop.

Clauses typically stipulated that current union members 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

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Commission from the Chairman of the Unit, of said 

members failure to comply with this agreement.

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 of employment.

The agency shop, therefore, permits nonmembership

for those opposed to joining and submitting to discipline by a union. Nonetheless, all who benefit from

representation (including nonmembers) must necessarily

assume a share of the financial burden of 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 of 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 association and who does not make application for membership, 

shall, as a condition of employment, pay to the association 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.

In some instances, the provision contained a justification 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” of 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

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.

(21) 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 employee’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 requirements 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 membership 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

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Federal Reserve Bank of St. Louis
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 nonmembers 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 of 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 voluntarily 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 of membership constitutes the weakest form of union security

found in the protective services since it requires only

that union members retain their membership as a

condition of 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 of 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.

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 expiration 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.

Maintenance of 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 of 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 of 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 of the agreements, covering 26

percent of the employees.

Checkoff provisions in police and fire agreements are

most often brief statements of 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 nongovernment 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. . . .

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Federal Reserve Bank of St. Louis
(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 government employer has the duty to reinstate deductions

upon the return of 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 of 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 of the employees, included management 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,

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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 operations;

(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 contracting or subcontracting shall not be entered into 

for the purpose of circumventing this agreement

(34) It is recognized that the management of the Department, 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, maintenance 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 communities, 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 Procedure” for a Public Safety Corporal, Sergeant and Lieutenant, 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 agreement or its rules and regulations relating to employment.

(35) 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: Determination 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;

maintenance of the efficiency of governmental operations; 

determination of the methods, means and personnel by 

which the City’s operations are to be conducted, including 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.

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 Employment 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. Promotions 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. Membership in the union shall be open to every employee 

covered by this contract on a non-discriminatory basis.

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Residency requirement

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 of 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 of the second World War

until recently, government employment was expanding

in most jurisdictions; government salaries have been

somewhat low relative to private industry, and consequently qualified employees have been harder to find.

The general move to suburbia has forced many communities to ignore or abandon such regulations in

order to recruit and hold qualified personnel. Only 29

of the agreements studied dealt with residency requirements. (See table 7.) In some instances, employees

were required to live within the employing jurisdiction:

(39) 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

of qualified personnel; nevertheless there are still attempts

to check the flight of government personnel to the

suburbs. The agrument has been advanced that personal

involvement of police officers in the life of the city

might enhance their dedication and thereby improve

performance. Compromise solutions designed to encourage 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.

(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. . . .

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 of residency requirements 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:

(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.

In some cases, employees were not expected to

meet the residency requirement until the termination

of 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:

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(30) Any employee of the Sheriffs’ Department required 

by the department head to reside in a particular geographic 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 of the public sector has brought everincreasing numbers of workers under them. Public

safety agreements contain a variety of provisions governing political activity. Although no tabulations were

made, presented below are illustrations of 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 campaign 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 of 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 Commission 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 of the employee organization 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 responsibilities, processing of grievances, and administration 

and enforcement of this agreement for contract negotiating 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 representing Command Officers, to use up to two (2) hours 

in any two (2) week period, without loss of pay,

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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 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) The employer recognizes the rights of the employees 

to designate job stewards and alternates from the employer’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 representative in accordance with the provisions of 

the collective bargaining agreement;

(2) the collection of dues when authorized by appropriate 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.

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, provisions focused on restrictions governing their use;

that is, designation of available space, definition of

material that could be posted, conditions necessitating

advance approval by management of postings, and

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

(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 Association to the Superintendent for approval in advance of 

posting. Such approval shall not be unreasonably withheld. . . .

(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 cooperatives, 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.

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Other means of publicity, including use of internal

mail and public address systems, were also made

available to the union in a few instances:

(61) Internal Mail:

The union may distribute literature through the 

Official Fire Department Mail Service.

Vocal arm Messages:

The union may be granted permission to have unofficial 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 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) 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 elsewhere 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) 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.

(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

with the performance of the duties assigned to the 

employee.

Leave of absence for union business

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 agreements 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:

(66) 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.

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.

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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.

Labor-management committees

Nearly 10 percent of the agreements established

joint committees to deal with issues of common

interest to the employer and the employee organization

and to improve communication between the parties:

Provision Agreements Employees

Total ............................ 504 84,979

Referring to labor-management committees................ 49 16,143

No reference to labormanagement committees . . 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 of meetings, composition of the committee,

leave from work and compensation for representatives,

and the development of a written record:

(70) 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.

(71) A fire labor management committee shall be established 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.

(53) 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,

and where possible, to resolve differences regarding 

such matters or practices. Three employees to be designated 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.

(72) 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.

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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.

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 of 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 improvements 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.

(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 disciplinary 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.

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 dangerous, 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.

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(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 equipment 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

of 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 of the

employer and the committe differs:

(79) 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.

(80) 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 Department, 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

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Federal Reserve Bank of St. Louis
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 of 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.

Disputes may arise among firefighters and their

superiors over the kinds of 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 related 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.

(88) 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 consolidation 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.

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Federal Reserve Bank of St. Louis
E m p lo y e e o r g a n iz a t i o n

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

a r r a n g e m e n t s

S o le

b a r g a i n i n g

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

5 0 4 84. 9 79 167 2 1, 973 337 63. 006

A F L - C I O ------------------------------------------------------- 2 6 6 45, 158 112 15, 98 9 154 2 9 , 169

I n d e p e n d e n t --------------------------------------------------- 40 1 , 6 6 6 24 1, 306 16 360

A F L - C I O a n d in d e p e n d e n t ------------------------- 6 919 - - 6 919

A s s o c i a ti o n s ------------------------------------------------ 1 9 2 37, 2 36 31 4, 67 8 161 32, 5 58

T o t a l --------------------------------------------------- 5 0 4 84, 979 167 2 1, 973 337 63. 006

N e w E n g la n d ------- ------------ ---------------------- 85 8 , 6 6 4 33 3, 183 52 5, 481

M id d le A tla n tic -------------------------------------------- 72 2 6 , 0 21 1 2 4, 441 60 2 1, 580

E a s t N o r th C e n t r a l ------------------------------------- 187 15, 815 94 8 , 164 93 7, 651

W e s t N o r th C e n t r a l ------------------------------------- 2 2 2, 315 1 16 2 1 2 , 299

S o u th A tla n tic ----------------------------------------------- 14 7, 41 0 6 3, 691 8 3, 719

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 ta in -------------------------------------------------------- 23 2, 47 3 5 158 18 2, 315

P a c i f i c ----------------------------------------------------------- 101 2 2 , 281 16 2, 320 85 19, 961

Table 7. Dues checkoff, management rights, antidiscrimination, and residency requirement provisions in police and fire

agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts D u e s c h e c k o f f M a n a g e m e n t r i g h t s A n t i d i s c r i m i n a t io n R e s i d e n c y r e q u i r e m e n t s

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l — - - - - — - - 504 8 4 .9 7 9 3 3 0 5 2 .2 9 1 2 70 4 7 . 081 2 48 3 7 ,5 1 1 29 4 ,7 1 5

F i r e f i g h t e r s --------------------------------------- 195 4 1 , 176 129 2 0 ,2 7 3 104 1 8 ,4 4 1 95 1 8 , 9 1 0 15 3 ,6 0 3

P o li c e ------------------------------------------------- 2 54 3 3 ,4 8 8 158 2 3 ,7 6 2 142 2 1 ,3 4 5 126 1 5 ,6 8 9 13 1, 063

P o li c e a n d f i r e --------------------------------- 1 1 777 7 2 1 7 1 1 1 5 132 _ _

S h e r i f f s ' d e p u t i e s ------------------------------- 38 9 , 2 2 1 32 7, 7 80 18 6 ,9 9 3 18 2 ,5 3 8 . „

C it y w i d e ----------------------------------------------- 6 3 1 7 4 2 5 9 5 29 1 4 242 1 4 9

N O T E : N o n a d d itiv e , A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o v i s i o n .

Table 8. Official time for union business in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y A ll a g r e e m e n ts

R e f e r r i n g to u n io n bu s i n e s s on o f f i c i a l t im e

T o ta l

P e r m i t t e d

P r o h i b it e d N o t i m e l i m i t 

s p e c if ie d T im e l i m i t s p e c if i e d T im e l i m i t v a g u e

A g r e e ­

m e n t s

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 t s

E m ­

p lo y e e s

A g r e e ­

m e n t s

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 t s

E m ­

p lo y e e s

T o t a l ------------------------------ 504 8 4 ,9 7 9 73 14, 084 25 4 , 740 6 1 , 812 23 4 , 140 19 3 ,3 9 2

F i r e f i g h t e r s ----------------------------- 195 4 1 , 176 37 6 , 629 15 3 , 939 3 1, 155 1 1 922 8 613

P o l i c e ---------------------------------------- 2 5 4 3 3 ,4 8 8 32 7, 3 0 0 1 0 801 3 657 1 1 3 , 145 8 2 , 697

P o li c e a n d f i r e ------------------------ 1 1 777 1 34 . . _ _ _ 1 34

S h e r i f f s ' d e p u t i e s -------------------- 38 9 , 2 2 1 3 121 _ _ _ _ 1 73 2 4 8

C it y w i d e ------------------------------------ 6 317 “ " “ “ - “ - -

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G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts U n io n m e e tin g s in 

g o v e r n m e n t f a c i l i t i e s B u lle tin b o a r d s V is ita tio n r i g h t s S te w a r d f u n c tio n s 

l i s t e d

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 t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s 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 ---------------------------------------- 50 4 84. 979 51 9, 449 203 36, 251 61 19. 826 107 2 1, 311

F i r e f i g h t e r s --------------------------------------- 195 41, 176 32 3, 733 81 16, 741 23 1 1, 774 31 6 , 727

P o li c e ------------------------------------------------- 25 4 33, 488 17 3, 976 99 17, 0 64 32 7, 689 54 9, 304

P o li c e a n d f i r e --------------------------------- 1 1 777 1 1 1 4 156 _ _ 4 169

S h e r if f s ' d e p u tie s ----------------------------- 38 9 , 221 1 1, 729 15 2 , 0 0 2 3 183 15 4, 931

C ity w id e --------------------------------------------- 6 317 4 2 88 3 180 3 180

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n o n e p r o v i s i o n .

Table 10. Leaves of absence for union business in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts

U n io n b u s i n e s s

T o ta l P a i d 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 t s 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 t s E m p lo y e e s

T o ta l ---------------------------------------- 504 84, 979 170 31, 170 101 18, 695 80 12, 992

F i r e f i g h t e r s --------------------------------------- 195 41, 176 81 17, 033 56 9, 377 28 7, 881

P o li c e -------------------------------------------------- 2 54 33, 4 88 71 12, 993 41 9, 102 35 4, 061

P o li c e a n d f i r e ---------------------------------- 1 1 777 3 135 2 107 3 135

S h e r i f f s ' d e p u tie s ----------------------------- 38 9 , 221 1 2 9 1 4 2 109 1 1 820

C ity w id e --------------------------------------------- 6 317 3 95 •

3 95

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 id le a v e f o r u n io n b u s i n e s s .

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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

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Chapter 4. Wage Provisions and Allowances

Wage surveys

In private employment, labor and management determine their own wage demands. In arriving at such a

decision, the parties may incorporate surveys of comparable 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 of 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) 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.

(91) 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 comparable duties, as the employment position classification 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 comparative 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 sufficiently 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 increases (the most frequent means of modifying wages),

agreement reopeners, and escalator clauses. (See table

11.) These provisions may appear singly or in combination.

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:

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Federal Reserve Bank of St. Louis
(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) The following are the basic annual rates of compensation for bargaining unit members for the term of 

this Agreement.

Effective Effective

July 1, 1973 July 1,1974

Patrolman-start $10,000 $10,500

After 1 year 10,990 11,750

After 2 years 12,300 13,200

After 3 years 14,100 15,100

Corporal and 

detective 14,900 15,900

K-9 Officer 

(over base salary) 400 400

Reopeners, second most frequent among the adjustment provisions, state the time or the circumstances

under which the contract may be reopened for negotiation. 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 Department.

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 of controls:

(93) 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 provided in this agreement, this contract shall be immediately 

re-opened for salary negotiations ....

(41) 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

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 negotiating 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 substantially 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 negotiations 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. Government 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.

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.

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Federal Reserve Bank of St. Louis
(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

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 of 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 economic 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 F Y 1972/73

Full-time Service FY 1971/72 FY 19 73/74

6 years but less than

10 years $125 $150

10 years but less than

15 years 175 200

15 years but less than

20 years 250 275

20 years or more 350 375

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 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 Association 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 of 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

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Federal Reserve Bank of St. Louis
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:

(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.

(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.

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 of 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 of employees

covered by shift premiums (23 percent) is roughly

twice the proportion of agreements having premium

provisions because one agreement, that of the New

York City Fire Department, accounts for 9,400 of the

22,000 employees covered by such arrangements.

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:

(104) 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.

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.

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Federal Reserve Bank of St. Louis
(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 . . . .

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) 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 lumpsum 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:

(110) 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.

Arrangements may also be made for extra allowances

to employees required to reside in remote areas within

the jurisdiction:

(111) [ 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 employees’ 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 uniform 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 between sums allocated for the purchase of clothing

and those for their cleaning and maintenance. Occasionally .the provisions indicated when payments were to be

made. Further stipulations were made regarding civilian 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

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Federal Reserve Bank of St. Louis
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. (Plainclothes 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 replacement 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 handcuffs. 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 purchase 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 purchase 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 installments 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

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 understood that the individuals will not abuse this privilege by 

requesting excessive cleaning.

(116) (D) 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.

(E) 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 employee’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 depreciation) 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.

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Federal Reserve Bank of St. Louis
(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.

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Federal Reserve Bank of St. Louis
G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts E s c a l a t o r

c l a u s e s

D e f e r r e d w a g e 

i n c r e a s e s

A g r e e m e n t

r e o p e n in g s

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l ---------------------------------------- 50 4 84. 979 82 8 , 808 256 5 0 ,9 1 2 107 18, 173

F i r e f i g h t e r s -------------------------------------- 195 4 1, 176 36 4, 149 98 2 4 , 6 38 46 8 , 6 9 6

P o l i c e --------------------------------------------------- 2 5 4 33, 4 88 39 3, 111 135 19, 009 49 8 , 5 7 8

P o li c e a n d f i r e --------------------------------- 1 1 777 3 101 7 432 1 28

S h e r i f f s ' d e p u tie s ----------------------------- 38 9 , 221 3 1, 398 14 6 , 7 64 9 749

C ity w id e --------------------------------------------- 6 317 1 49 2 69 2 122

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1

p r o v i s i o n .

Table 12. Parity and longevity pay provisions in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts P a r i t y p a y p r o v i s i o n s L o n g e v ity p a y p r o v i s i o n s

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l ----------------------------------------------------------- 5 0 4 84, 979 31 9, 439 245 45. 963

F i r e f i g h t e r s ------------------------------------------------------------ 195 4 1, 176 2 1 6 , 300 98 2 8 , 311

P o li c e ----------------------------------------------------------------------- 2 5 4 33, 4 88 8 2, 5 44 126 14, 881

P o li c e a n d f i r e ------------------------------------------------------- 1 1 777 1 266 5 148

S h e r i f f s ' d e p u tie s --------------------------------------------------- 38 9 , 221 1 329 15 2, 6 14

C ity w id e ------------------------------------------------------------------- 6 317

- -

1 9

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o v i s i o n .

Table 13. Pay for shifts and holidays worked in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts S h if t d i f f e r e n t i a l p a y P a y f o r h o lid a y s w o r k e d

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o t a l --------------------------------------------------------------- 504 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 ------------------------------------------------------------ 195 4 1 , 176 9 1 1 ,3 4 8 25 3 , 650

P o li c e ----------------------------------------------------------------------- 254 3 3 ,4 8 8 46 5 ,8 4 4 65 8 , 065

P o li c e a n d f i r e -------------------------------------------------------- 1 1 777 2 72 3 61

S h e r i f f s ' d e p u t i e s ---------------------------------------------------- 38 9 , 2 2 1 8 1 , 8 9 2 1 0 531

C ity w id e ------------------------------------------------------------------ 6 317 ~ "

5 2 6 8

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o v i s i o n .

Table 14. Uniform and automobile allowances in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y A ll a g r e e m e n ts

U n if o r m s

A u to m o b ile a llo w a n c e

F u r n i s h e d a n d / o r r e p la c e d M a in ta in e d

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o t a l --------------------------------------------------------------- 504 8 4 ,9 7 9 3 0 8 4 7 , 168 61 5 , 565 43 1 8 ,7 0 8

F i r e f i g h t e r s _________________________________________ 195 4 1 , 176 108 2 5 , 512 18 2 ,2 8 1 18 1 6 ,4 7 5

P o li c e ----------------------------------------------------------------------- 2 54 3 3 ,4 8 8 170 19, 041 38 2 , 8 8 8 19 1 ,3 1 7

P o li c e a n d f i r e ------------------------------------------------------- 1 1 777 5 185 1 28 1 51

S h e r i f f s ' d e p u t i e s ---------------------------------------------------- 38 9 , 2 2 1 24 2 ,4 0 4 4 3 6 8 4 75 4

C it y w i d e --------------------------------------------------------------------- 6 317 1 26 " -1 111

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o v i s i o n .

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Federal Reserve Bank of St. Louis
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

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Federal Reserve Bank of St. Louis
Chapter 5. Hours, Overtime, and Outside Employment

Scheduled weekly hours

Fifty-nine percent of the contracts referred to scheduled 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 contained 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 agreements 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 accounted for 43 percent of the agreements and represented 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 schedules 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 predetermined schedule shall prevail except in case of emergency, 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 firefighting 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 corresponding 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

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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) 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.

(122) The workweek of all employees who regularly perform 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.

(123) 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 providing in the schedule of work shifts every period to be 

know as “Kelly” day.

Scheduled days of work

Although it is common practice in nongovernment

agreements to specify the number of days in a workweek, 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.

(125) 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.

Another group of agreements, constituting an additional 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 operations 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, variations 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) 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 working 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 Prevention Bureau, Maintenance Divsion, the Service Divsion and the employee assigned to the position of training 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 employees 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. . . .

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One agreement permitted the employer and the employee 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 memorandum that each member shall be entitled to a minimum 

of two (2) consecutive days off during each week of service 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 negotiated into their agreements. Three-quarters of the agreements stipulated that protective service employees would

receive money payments and less than one-fifth specified

compensatory time off. Usually in these instances compensatory 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 compensation was found in some instances:

Provision Agreements Employees

Total referring to overtime pay. . 380 67,334

Providing for premium pay. 

No premium p a y ...............

331

49

60,743

6,591

As a rule, premium payments were at time and one-half

the employee’s straight-time rate and were found relatively more frequently in police than in fire agreements:

(130) 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.

(131) 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. . . .

Agreements could provide for premium pay in some

cases and straight time in others. For example, one agreement listed specific circumstances where the normal premium rate would not apply, such as shoots, classroom

attendance, filling out reports, court appearances, or

out-of-town assignments:

(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 additional payment shall be made at straight time:

(1) For shoots, providing however that the minimum payment shall be two hours.

(2) For approved classroom attendance not, however, 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 attendance, (3) For up to one-half hour for the time required, 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 Attorney’s Office, providing however that if such appearance 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.

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 arrangement ...................................................... 47 15,801

No premium ........................................... 48 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 of overtime

work for days off. However, most of these provisions

either provided an employee with the option of accepting money payment or limited compensatory time only

to specified overtime situations. The use of compensatory 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:

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(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 overtime 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.

Leave could be used in whole days within a year of earning it, and supervisors were restrained from arbitrarily

refusing leave:

(135) . . . All overtime shall be compensated for by compensatory 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 accumulate 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 workload 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.

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 between January and July 1], . . .

Not included among the 95 contracts allowing compensatory time for overtime were 12 agreements providing 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 positions will be assigned schedules other than a straight 

5-2, 5-3 workweek in order to provide necessary manpower 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 permit 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 workweek schedule shall be credited with eight hours straight 

compensatory time for each 28 day period worked in 

lieu of overtime for scheduled hours.

Emergency overtime

Local communities may have special funds or outside

sources of revenue which they can use to finance increased 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 employees to wait for payment until the employer received

funds from outside sources:

(140) For non-emergency off-duty assignments eligible employees 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 classification 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 scheduled work shall receive overtime and will be paid in 

accordance with Section 14.03 and at a rate not lower

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than the rate provided in this agreement. The employees 

will receive the rate of the requesting agency. The employees 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 overtime 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 compensated for at a straight time rate (IX). . . .

Overtime earned as a result of an authorized assignment 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 completion of his shift would either work or recieve compensation for a stipulated number of hours. Most frequently 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) 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) 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.

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:

(146) 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 employee 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 distribution 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 individual employee’s share of future overtime opportunities.

Clauses called for distribution of overtime on several basis: seniority; rotation of the employee’s name

to the bottom of the list after a given number of overtime hours; or an equal distribution of overtime without 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:

(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 distributed 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

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overtime he shall go to the bottom of the overtime distribution 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 provisions indicated the variety of approaches to allocation

of overtime, and showed the care with which many

contingencies were spelled out:

(150) 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 because 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.

(151) A card file shall be set up and maintained as follows:

A tab on each card shall have a number which will indicate 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 participate 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 percent 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 probationary employees as equally as possible. Employees 

who do not want overtime assignments shall be excused.

Most frequently, however, provisions specified that employees 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 of 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 complete 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 Not to exceed

Breakfast.......................... $1.75

Lunch................................ 2.00

Dinner.............................. 2.25

O ther................................ 2.00

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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 administered 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................................ 2Wo of $12,660 less 10%

For the period 7-1-73 to

7-1-74................................ 2Vi% of $13,293 less 10%

These allowances shallbepaid by June 30 of each year.

(156) Each employee 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 private employment in police- or fire-related work; about

half of this number were concerned with unrelated

employment.

The negotiation of outside employment provisions

serves several purposes. From the government’s point

of view, they insure the community’s safety and the

efficiency of the protective service. In addition, the

possibility of conflict of interest of the violation of

laws and administrative rules is diminished by the

employer retaining some control over outside employment. Because of 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 of outside work are clearly set forth;

also provision may be made for the equitable distribution of available jobs.

Paid private details

Paid private details involve the assignment of employees to police- and fire-related work for private employers. Employees may receive a variety of 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 of police

or fire personnel stems from ordinances and laws requiring 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 assignments, assure equitable distribution of work opportunities, 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 prevention, 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 supervisor 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 rotation without regard to rank. Refusal of such an assignment 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 

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tion on the “Fire Watch Duty” roster. The union shall 

establish a committee to determine the charitable organizations and designate the occasions which will not affect 

the “Fire Watch Duty” roster.

(76) Private paid details shall be assigned to regular departmental 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

excess of four (4) hours......... 5.00 per hour

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 required 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 provide fire watch services for any private person or 

organization.

Paid private detail provisions also dealt with the government’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 Department 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.

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 established the employer’s authority over secondary employm ent. On the other hand, a few of the provisions referred

only to the employer’s authority over secondary employment and the detailed rules governing moonlighting were

promulgated outside the agreement:

(63) The Division shall continue its policy of permitting 

outside employment of members by one or more employers 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.

In instances where rules were specified, they were

primarily in reference to the establishment of the employer’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 employees 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 of interest nor violation of law. The number of 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 immediately 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 employment. 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 firefighters, 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 subject to the following rules and regulations:

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A. Notification of City:

Prior to accepting or undertaking any outside employment, 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 employer or that said member of the Police Department 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 member of the Police Department and agreeing to all of 

the terms and conditions of such part-time employment 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 employment 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 provided in this section. In the event any emergency exists 

whereby the Chief of the Police Department calls a member 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 gainful 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 benefits arising by reason of the fact that such disability 

occurred while he was engaged in said part-time employment. 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 injured 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 availability 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 determination of the Chief to the Fire and Police Commission pursuant 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.

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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 r e e m e n ts E m p lo y e e s

A ll a g r e e m e n t s ---------------------- 5 04 8 4 ,9 7 9

T o t a l r e f e r r i n g to s c h e d u le d

w e e k ly h o u r s --------------------------------- 2 98 38, 112

L e s s th a n 4 0 -------------------------------- 8 5 0 0

4 0 — - ------ -------- -------- ------ 127 1 6 , 6 6 4

41 --------------------------------------------------- 1 101

4 2 — ------- -------------------------------- 2 1 2, 7 2 8

4 3 - 4 7 -------------------------------------------- 1 2 3 9 4

4 8 _________________________________ 1 0 5 , 339

4 9 - 5 5 -------------------------------------------- 4 4 9 7

5 6 ----------------------------------------- ------ 6 8 5 , 7 26

O v e r 5 6 1 ---------------------------------------- 5 217

V a r i e s 2 ---------------------------------------- 39 5, 6 9 9

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 il s g i v e n ------------ 3 2 47

N o 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 ------------------------------------------------ 206 4 6 , 867

Table 16. Scheduled days in the workweek in police and

fire agreements, 1972-73

S c h e d u le d d a y s o f w o r k A g r e e m e n t s E m p lo y e e s

A ll a g r e e m e n ts --------------------- 504 8 4 ,9 7 9

S p e c if ic a lly r e f e r r i n g to

s c h e d u le d d a y s o f w o r k ---------------- 72 5, 83 4

4 d a y s ------------------------------------------- 1 6 6

5 d a y s ------------------------------------------- 71 5 , 7 6 8

S c h e d u le d v a r ia b l e d a y s o f w o r k — 6 1 8 ,4 8 5

N o r e f e r e n c e to s c h e d u le d d a y s

o f w o r k -------------------------------------------- 371 7 0 , 6 6 0

1 I n c lu d e s 1 a g r e e m e n t w ith 60 h o u r s a w e e k , 1 w ith 63, 2 w ith

7 2 , a n d 1 w ith 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 l o n g e r w o r k w e e k s th a n s p e c i a l i s t s , t e c h n ic i a n s , 

o r c l e r i c a l s , w h o o r d i n a r i l y 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 fte n h a d 4 2 , 4 8 , o r 56 h o u r s c h e d u le s . In 2 a g r e e m e n ts w e e k ly 

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 l e s .

Table 17. Overtime and related provisions in police and fire agreements, 1972-73

Table 18. Outside employment provisions

in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll

a g r e e m e n ts

O v e r t im e

p a y

C o m p e n s a to r y 

t im e f o r 

o v e r ti m e

--------E q ^ a l---------

d i s tr i b u ti o n 

o f o v e r ti m e

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 t s

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

F i r e f i g h t e r s -------------------------------------

P o l i c e -------------------------------------------------

P o li 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 ---------------------------------------------

5 04 8 4 ,9 7 9 380 6 7, 334 107 2 8, 663 101 1 1 ,3 2 5

195

2 54

1 1

38

6

4 1 ,1 7 6 

3 3 ,4 8 8 

777 

9 , 221

317

140

197

7

30

6

2 7 ,0 9 0 

31, 901 

217 

7, 809 

317

35

64

1

6

1

1 4 ,0 1 7 

9, 861 

34 

4 , 64 0 

111

43

44 

4 

6

4

7, 512 

3, 337 

151

139

186

Rig*

r e f

o v e r

it to 

u se 

t im e

M e a l

a llo w a n c e 

in o v e r ti m e

C a l l - i n /

c a l l - b a c k

______ Pa y

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

F i r e f i g h t e r s -------------------------------------------------------------------

P o li c c ...... ......... . .

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

57 8 , 689 2 1 1 0 , 982 277. 4 7 , 533

29

23

2

3

6 , 918 

1, 637 

79 

55

1 0

1 1

5, 090 

5, 892

117

130

6

2 0

4

2 7 ,2 8 7 

1 6 ,4 0 1 

183 

3, 4 7 6 

186

S h e r i f f s ' d e p u tie s --------------------------------------------------------

P r o v i s i o n A g r e e ­

m e n ts

E m ­

p lo y ­

e e s

A ll a g r e e m e n ts 5 04 84, 979

R e f e r e n c e to o u ts id e

e m p lo y m e n t-------------------------------- 95 1 4 ,6 1 6

P a i d p r i v a t e d e t a i l s 1 ------------- 58 6 , 882

O t h e r th a n p a id p r i v a t e

d e t a i l s 2 --------------------------------- 31 6 , 933

B o t h ----------------------------------------- 6 801

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 -------------------------------- 4 0 9 7 0 ,3 6 3

1 P a i d p r i v a t e d e t a i l s r e f e r to p o l i c e - o r 

f i r e - r e l a t e d w o r k , s u c h a s f i r e w a tc h e s , s e ­

c u r i t y g u a r d s , a n d c r o w d c o n t r o l a t s p e c ia l 

e v e n t s , w h ic h a r e r e q u e s t e d b y n o n g o v e r n m e n t 

e m p l o y e r s a n d w h ic h a r e t h e n a l l o c a t e d a m o n g 

p r o t e c t iv e s e r v i c e p e r s o n n e l b y t h e i r g o v e r n ­

m e n t e m p l o y e r s .

2 R e f e r s to o u ts id e ( n o n g o v e r n m e n t) e m ­

p lo y m e n t o t h e r th a n p o l i c e - o r f i r e - r e l a t e d 

w o r k .

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o v i s i o n .

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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 of absence

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Chapter 6. Paid and Unpaid Leave

Voting time

Provisions allowing time off for voting without loss

of 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 of 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 of service and payments received. Under the terms of some agreements,

employees were required to report back to work if

dismissed early and if time permitted:

(161) 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 compensation 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.

(162) An employee who shall serve as a member of any 

jury shall be permitted to be absent from his duties without 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 dismissed 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 required to spend time testifying in court on matters

related to their regular duties: Twenty-eight percent

of the agreements studied contained provisions governing aspects of such court appearances. (See table 19.)

If the appearance occurred during duty hours the employee 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 minimum 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 include reimbursement for mileage and tolls. Court appearances as used here shall be considered to include all cases

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handled during one attendance at City, Family, County' 

and Supreme Courts; motor vehicle bureau hearings and 

S.L.A. hearings.

(165) 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 discharged 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 compensated [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.

Holidays

Provisions setting forth the number of paid holidays

for police and firefighters were found in three-quarters

of 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 of private sector collective bargaining agreements. 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 of holidays stipulated in the contract varied

widely but over half the agreements, covering nearly

two-thirds of the employees in the study, provided for

at least 10 holidays.4

Nearly one-quarter of 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 included time off 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; Memorial Day; Independence Day; Labor Day; Thanksgiving;

day following Thanksgiving; one-half day before Christmas; Christmas Day; half-day before New Year’s Day; 

one-half day for annual employees picnic.

In recent years, the number of negotiated paid holidays 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 purposes, 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. . .

the employee’s birthday.

(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 holidays, 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.

Scheduling to adequately cover holidays in continuous

operations creates a problem. Among the solutions are

arrangements for compensatory time off or extra vacation 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) Memorial Day, (6) Independence Day, (7) Labor Day, (8) Columbus 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, Thanksgiving, Christmas.

In lieu of the remaining holidays allowed to other employees 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) For those employees assigned to an average 56 hours 

per week schedule, holiday leave will be granted by providing three (3) twenty-four hour tours of duty to

4

Election day was not counted as a paid holiday since it

was only a paid day off in election years. For a discussion o f pay

for holidays worked see p. above.

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accommodate nine of the guaranteed holidays. Additional holiday eligibility will be provided through appropriate cash payments to be paid in December, annually.

Different employees covered by the same agreement

might be given varying numbers of holidays, depending

on such factors as their rank or prior military service:

(172) 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.

(173) 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 of the employees, contained provisions

governing paid vacations. (See table 21.) Among the

vacation plans were nine which provided uniform benefits for all employees, usually after 1 year of service.

However, most plans were graduated and increased the

amount of vacation time with the employees’ length

of service:

(174) 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 available 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 subsequent to the year in which the vacation rights have 

accrued.

(175) The paid vacation entitlement of all police officers 

shall be as follows:

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) 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.

(174) 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.

Sick leave

Over three-quarters of the agreements, covering threefifths of 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 maximum 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 sickness 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 establishing reporting requirements and medical certification:

(181) . . . 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 attendance at work, if the pattern of sick leave developed by 

the employee indicated an abuse of the sick leave 

privilege.

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 employees, granted 4 weeks or more of annual leave to

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employees in the highest length-of-service categories. 5

While most agreements provided a maximum of 4 weeks’

vacation, more workers were covered by agreements

where a maximum of 5 weeks was stipulated. These

longer leave periods were often from agreements negotiated 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

of vacations. Clauses usually stipulated that time off

would be distributed so as not to impair operational

efficiency, for example, by preventing too many employees 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 anniversary service date of the employee. Selection of a particular 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 employees 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 vacation plus five days for 40-hour work week personnel.

Paid personal leave

A small number of 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 of protective service scheduling problems, employees were usually required to notify the employer 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 scheduled leave, vacation, leave of absence or other scheduled 

day off.

Where an employee had used all of 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 transfer their own sick leave to an employee who had exhausted 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 account, with the approval of the superintendent of the 

Department and the president of the union.

Sick leave conversion

Despite efforts to prevent abuses of 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 employee 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 of weeks, but in units of

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 of vacation for study

purposes.

6 Leaves of absence for person reasons— generally given

for longer time periods than the type of leave discussed here—

are covered on pp.

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Federal Reserve Bank of St. Louis
at the rate of 5 full days of excess sick leave for one personal day off. Personal time off acquired in this manner 

shall be taken in the year it is accumulated where practicable 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 of the accumulated leave:7

(186) 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.

(187) 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 of 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 accumulated sick leave to the extent permitted by resolution of the Common Council.

Other arrangements provided for conversion to personal

leave for an illness in the family, or to supplement

workers’ compensation benefits:

(20) 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... .

(188) The City will allow an employee on workmen’s compensation 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 of 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 of death

in the employee’s immediate family. Funeral leave provisions 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 narrowly 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 employee’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 husband, wife, children, parents, brother, sister or parent-inlaw. An employee shall be entitled to three (3) consecutive 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.

Some clauses authorized leaves for employees to

participate in the funeral service of a fellow employee

or in the event of the death of a member of the armed

services:

(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 unchanged as follows:

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 indicated that the employees would be on full pay while

7 For further discussion o f terminal leave and bonuses on

retirement, see p.

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Federal Reserve Bank of St. Louis
others paid the difference between their pay for such

duty and their regular wages:

(193) Any permanent police officer who is a member of the 

National Guard or an organized military reserve component 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.

(194) 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 government, 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 of the agreements granted time off

during the day for rest periods or coffee breaks without

loss of pay. These provisions were found in 8 percent of

the agreements (table 22), considerably below their

prevalence in general municipal agreements (19 percent). 8 Typically, the provision would indicate the

frequency and duration of 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 of 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 available for irregular rest periods while performing station

house duties.

Some provisions attempted to regulate existing practices 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 of 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 administrative details covering such matters as advance notice

of leaving and returning dates, as well as requirements

for medical certificates or examinations:

(196) 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 employment 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 indicating the approximate date of delivery and stating any reg

Municipal Collective Bargaining Agreements in Large

Cities, Bull. 1759 (Bureau o f Labor Statistics, 1972).

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Federal Reserve Bank of St. Louis
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) 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 benefits 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 of absence for personal reasons were

included in over one-quarter of the agreements. (See

table 23.) Leave of 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 of 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

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 employee 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.

(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.

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Federal Reserve Bank of St. Louis
G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts V o tin g t i m e P o li c e c o u r t t i m e J u r y d u ty

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l -------------------------------------------------------------- 5 0 4 84, 979 9 2 , 0 1 0 141 2 0, 617 82 6 , 515

F i r e f i g h t e r s ------------------------------------------------------------ 195 4 1 , 176 6 730 1 1 3, 31 8 30 3, 242

P o li c e ----------------------------------------------------------------------- 2 5 4 33, 4 8 8 2 30 119 16, 003 34 2, 023

P o li c e a n d f i r e ------------------------------------------------------- 1 1 777 _ _ 5 355 5 383

S h e r i f f s ' d e p u tie s --------------------------------------------------- 38 9 , 221 1 1, 250 6 941 1 0 645

C ity w id e ------------------------------------------------------------------- 6 317

- - - -

3 2 2 2

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v i s io n .

Table 20. Paid holiday provisions in police and fire agreements by government activity, 1972-73

N u m b e r o f p a id h o lid a y s

T o ta l F i r e f i g h t e r s P o li c e P o li c e a n d f i r e S h e r if f s ' d e p u tie s C ity w id e

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 t s

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 ll a g r e e m e n ts ------------- 5 0 4 84. 979 195 4 1 , 176 2 5 4 33, 4 88 1 1 777 38 9 . 221 6 317

T o ta l w ith h o lid a y

p r o v i s i o n s ---------------------- 378 5 1, 973 138 2 5 , 878 199 2 2 , 560 8 4 3 4 27 2, 7 84 6 317

F e w e r th a n 6 d a y s ----------------- 25 4, 902 17 605 8 4, 29 7 _ _ _ _ _ _

6 d a y s 1 ------------------------------------- 2 2 1, 360 9 976 8 162 1 56 4 166 - -

7 d a y s 2 ------------------------------------- 37 1, 592 9 375 19 927 2 49 6 192 1 49

8 d a y s 3 ------------------------------------- 52 5, 194 2 0 2, 845 2 1 1, 603 5 329 5 391 1 26

9 d a y s 4 ------------------------------------- 64 5, 164 2 1 3, 255 40 1, 769 - - _ - 3 140

1 0 d a y s 5 ------------------------------------ 56 4, 95 3 18 1, 432 35 3, 371 - - 3 150 - _

1 1 d a y s 6 ------------------------------------ 77 2 1, 133 27 13, 521 46 7, 356 - - 4 25 6 - _

1 2 d a y s 7 ----------------------------------- 39 7, 140 15 2 , 801 19 2, 937 - - 4 1, 300 1 102

13 d a y s 8 ----------------------------------- 5 517 1 50 3 138 - - 1 329 - -

14 d a y s ----------------------------------- 1 18 1 18

' ' ' * '

“

‘

-

1 3 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 ; 6 a g r e e m e n ts , 2 

h a l f - h o l id a y s ; a n d 6 a g r e e m e n ts , 3 h a lf - h o l id a y s .

2 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 ; 8 a g r e e m e n ts , 2 

h a l f - h o l id a y s ; 13 a g r e e m e n t s , 3 h a l f - h o l id 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 a n 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 id a y s ; a n d 4 a g r e e m e n ts , 3 h a l f - h o l id 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 l f - h o l id a y s ; a n d 2 a g r e e m e n ts , 3 h a l f - h o l id a y s .

5 3 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 ; 2 a g r e e m e n t s , 2 

h a l f - h o l id a y s ; 1 a g r e e m e n t, 3 h a l f - h o l id 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 .

6 4 a g r e e m e n ts h a v e a n a d d i t i o n a l h a lf - h o lid a y ; 4 a g r e e m e n t s , 2 

h a l f - h o l id a y s ; a n d 3 a g r e e m e n ts , 3 h a l f - h o l id a y s .

7 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 ; 4 a g r e e m e n t s , 2 

h a l f - h o l id a y s ; a n d 3 a g r e e m e n ts , 3 h a l f - h o l id 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 l f - h o l id a y .

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P r o v i s io n A g r e e ­

m e n t s

E m ­

p lo y e e s

A ll a g r e e m e n ts ----------------- 504 8 4 ,9 7 9

R e f e r e n c e to v a c a t i o n s ------------- 378 5 3 ,4 1 4

R e f e r e n c e to m a x im u m

v a c a t i o n --------------------------------------- 3 67 4 9 , 307

L e s s th a n 2 w e e k s ---------------- 1 54

2 w e e k s ------------------------------------ 9 1, 344

3 w e e k s ------------------------------------ 60 5, 24 9

4 w e e k s ------------------------------------ 2 14 16, 156

5 w e e k s ------------------------------------ 6 6 2 4 ,6 0 1

M o r e th a n 5 w e e k s 1 ------------- 8 574

R e f e r e n c e to m a x im u m

v a c a tio n ; i n s u f f i c i e n t

d e t a il g i v e n -------------------------- 9 1 ,3 2 9

R e f e r e n c e to v a c a t i o n s ; no

r e f e r e n c e to m a x im u m ---------- 1 1 4 , 107

N o r e f e r e n c e to v a c a t i o n s -------- 126 3 1 , 565

1 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 .

Table 22. Selected payments for time not worked in police and fire agreements,

1972-73

G o v e r n m e n t a c t iv i t y

A ll

a g r e e m e n ts

S ic k le a v e

P e r s o n a l le a v e

T o ta l

C o n v e r s io n 

to o t h e r le a v e 

o r p a y

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 t s

E m ­

p lo y e e s

A g r e e ­

m e n t s

E m ­

p lo y e e s

A g r e e ­

m e n t s

E m ­

p lo y e e s

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

F i r e f i g h t e r s ---------------------------------------

P o li c e -------------------------------------------------

P o li 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 -----------------------------------------------------------

504 8 4 ,9 7 9 3 96 5 0 ,4 3 6 176 1 9 ,9 8 0 4 9 6 ,3 8 5

195 

2 54 

1 1

38 

6

4 1 , 176 

3 3 ,4 8 8 

777 

9 , 2 2 1

317

146

205

9

30

6

1 9 ,4 9 3 

2 2 ,5 0 0 

7 10 

7 ,4 1 6 

317

62

91

5

13

5

6 , 856 

11, 515 

558 

783 

2 68

17

28

2

2

1, 113 

4 , 902

67 

3 03

T o ta l

F u n e r a l le a v e M i li t a r y le a v e R e s t p e r io d s

307 3 5 , 232 115 1 2 , 041 39 2 ,4 3 7

F i r e f i g h t e r s — - 118

157

8

19

5

1 8 ,5 3 3 

1 3 ,3 2 3 

4 1 2 

2 , 696 

26 8

41

61

4

8

1

4 ,4 8 1 

6 , 83 8

3 45 

3 6 8 

9

3

2 2

4

5 

5

3 0 0 

1, 581 

156 

103 

297

P o li c e a n d f i r e -----------------------------------------------------------------------------

i f f p * d e p u tie s - - ■ ~

C it y w i d e ----------------------------------------------------------------------------------------------

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y

c o n ta in m o r e th a n 1 p r o v i s i o n .

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

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts

L e a v e s o f a b s e n c e s

M a t e r n i ty P e r s o n a l

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l 504 8 4 ,9 7 9 54 5 ,2 3 7 138 1 3 ,8 5 4

F i r e f i g h t e r s ------------------------------------------------- 195 4 1 , 176 4 645 51 5 , 5 46

P o l i c e ------------------------------------------------------------- 2 54 3 3 ,4 8 8 31 3 ,4 9 3 76 7 ,4 6 6

P o li c e a n d f i r e -------------------------------------------- 1 1 777 5 4 0 5 2 251

S h e r i f f s ' d e p u t i e s ----------------------------------------- 38 9 , 2 2 1 1 1 554 7 522

C ity w id e -------------------------------------------------------- 6 3 17 3 140 2 69

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e

th a n 1 p r o v i s i o n .

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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

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Chapter 7. Pension and Insurance Benefits

The physical and emotional pressures inherent in the

jobs of protective service personnel and the hazards they

must continually face make these workers more concerned with insurance benefits and pensions, perhaps

than those in other less demanding occupations. In view

of this concern, the prevalence of 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 en efits— specifically, pension, health, 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.

Pensions

Fifty-two percent of the protective service personnel

in the study were covered by provisions referring to pensions. (See table 24). This proportion understates the

actual degree to which retirement benefits are available

to safety personnel. Retirement benefits are often provided 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 organization 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 disputes grievable matters, or at least subject to union

inquiry and involvement. The bulk dealt only with pension plan financing, specifically, with the amount of the

employer contribution:

(191) The parties agree to adopt the Michigan Municipal Retirement System plan C-l.

(200) RETIREMENT: The City shall pay in full the employees 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 contributions 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 retirement provisions of Wisconsin Statutes 62.13 an additional three and one-half percent (3V2%) of their normal 

gross wages for the classification held in order that said employees shall receive total compensation and fringe benefits approximately equal to those employees under Wisconsin 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 halfpay 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 Highway Patrol shall be adopted for City of Burbank for all 

safety employees . . . The safety personnel agree to exchange 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 retirement, requiring the employee to reach a given age and

achieve a minimum length of service; other agreements

only specified a minimum length of service. Among these

early retirement provisions, one stipulated a mandatory

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retirement age of 60, well below what is normally found

in industry. This is probably linked to the intense physical 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 of 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 immediately 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, provided 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 pension. 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 of 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:

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.

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.

Benefits at retirement

As discussed previously, accumulated sick leave may

be converted into a number of uses, among them a cash

payment, or a provision of time off immediately before

or after retirement. In other instances, contracts provided “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 minimum length-of-service requirements.

In the case of 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 of already allocated 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) 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.

Terminal leave or retirement bonus payments usually

were graduated arrangements related largely to length

of service, but occasionally graduation could be linked

to months of work during the last year of employment:

(135) Firemen shall be granted terminal leave with pay preceding 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.

9

For a more complete discussion o f sick leave conversion,

see p. above.

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(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 requirements for age and service will receive an appreciation bonus equal to two months’ salary. Up to one additional 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.

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 exceed $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 $100

21 $120

22 $140

23 $160

24 $180

25 $200

26 $225

27 $250

28 $275

29 $300

30 $325

31 $350

32 $375

33 $400

34 $425

35 $450

36 $500

37 $550

38 $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 governing same at the time.

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 of dental, optical, 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 Gty shall pay all of the premium of hospitalization 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 subscriber 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 outpatient and diagnostic coverage shall be provided for 

employees. The City will pay the premiums for employee’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 

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

Agreements also referred to increases in benefits or

broadening of 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 compensated for eighty (80) hours or more in the preceding 

month.

(211) Vision. Effective January 1, 1972, based on December 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 compensated 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.

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However, coverage shall be only for the retired employee and not cover dependents and shall not apply 

if the retired employee is gainfully employed.

The retired employee may retain dependents by reimbursing the City for that portion of the premium.

Over half of the agreements studied contained life insurance coverage for protective service personnel. (See

table 24.) As noted earlier in regard to other employee

benefits, the actual prevalence is understated. Life insurance can be part of a negotiated benefit package

which is not further detailed in the agreement. It also

can be provided by the employer without being made

part of the contract.

Life insurance programs, like health benefit plans,

were largely noncontributory. Any reference in the

agreement usually pertains to the particular level of insurance and the required employer or employee contributions. The amount of insurance may be graduated

relative to salary, or it may be uniform:

(212) 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. Currently, the employee receives an additional 25% of coverage in such a case).

The City will pay up to $.58 per month per thousand 

for the initial Ten Thousand Dollars worth of life insurance. 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.

(213) Commencing April 1,1972, the City shall pay the term 

life insurance premium for the individual coverage currently 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) The City shall provide group life insurance for each

member of the bargaining unit. The specific carrier to 

be used and the coverage to be afforded shall be subject 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.

(81) 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 individual subscribing firefighter.

Line-of-duty provisions

A small number of agreements (32) guaranteed that

police and firefighters injured in the line of 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 indicated 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 of medical, optical, and dental expenses was

included in som e contracts, as w ell as the cost

of drugs and medical apparatus. Damage suits subsequently brought by injured police officers or firefighters 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 occupations. In one contract, the government paid for inoculations of employees exposed to contagious diseases, providing 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 injury or disability, and further provided that he establishes, 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 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.

(216) During such injury leave the Town shall pay the 

hospital, medical and drug expenses in excess of reimbursement made to the employee by workmen’s compensation, 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.

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(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, however, 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 accordance 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 of 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 provisions 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 of 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 received 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 performance of his duties, shall be entitled to injury leave 

with full pay, provided however, that any payments received by the employee by way of Workman’s Compensation 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 employee 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 chargeable to either their accumulated sick leave or their vacation 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 disability 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 insurance 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 performance of his duties, and who reaches the point of maximum 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 receiving 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:

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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 payments equal his last annual salary.

In the event of permanent total disability resulting 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 benefits, 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 feature which provides that upon the death of 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 of 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 remarriage; 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 of obligations 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 severance pay ordinarily payable to the employee upon

separation or retirement. In one agreement, the employer provided funeral and burial expenses as well:

(43) . . . If an employee . . . dies prior to such anniversay

date . . . , his designated beneficiary, shall receive a prorate 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 member 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 firefighters may take action under the pressure of an emergency 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 of an insurance

policy purchased from an insurer; in others it is an employer assumption of the obligation to protect employees while carrying out their duties.

Most frequently, collective bargaining agreements obligate the government to buy false arrest insurance.

Normally the agreement stipulates the maximum amount

of money available for such settlements or the amount of

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 individual, $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

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providing the employee’s liability results from action of 

employee arising out of and in the course of his employee hereunder, and further providing that such judgment 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 allegations are groundless, false or fraudulent, but the employer 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 widespread 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 performance of official duties . ..

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G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts L ife in s u r a n c e H e a lth b e n e f it p la n s P e n s i o n p la n s

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s 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 t s E m p lo y e e s

T o ta l ----------------------------------------- 5 0 4 84. 979 273 4 9 , 133 4 1 4 66, 747 263 4 1, 9 1 4

F i r e f i g h t e r s --------------------------------------- 195 4 1, 176 103 2 1, 833 161 2 8, 9 5 4 94 2 2 , 116

P o li c e -------------------------------------------------- 2 5 4 33, 4 88 141 20, 851 209 31, 0 5 8 138 17, 730

P o li c e a n d f i r e ----------------------------------- 11 777 5 162 7 2 07 5 369

S h e r i f f s ' d e p u tie s ----------------------------- 38 9, 221 20 6, 0 98 32 6, 313 21 1, 4 8 4

C ity w id e --------------------------------------------- 6 317 4 189 5 215 5 215

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ­

ta i n m o r e th a n 1 p r o v i s i o n .

Table 25. Line-of-duty benefit provisions and liability protection in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts

L in e -- o f - d u ty b e n e f it p r o v i s i o n s

L i a b i l i ty p r o t e c t io n H o s p i t a l i z a t i o n a n d 

m e d i c a l e x p e n s e s D i s a b i l i ty p a y D i s a b i l i ty 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 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

A g r e e ­

m e n ts

E m p lo y ­

e e s

T o ta l ------------------------------ 5 0 4 84, 979 32 5, 886 2 0 4 19, 951 55 13, 195 72 2 3, 0 99 74 8, 9 2 8

F i r e f i g h t e r s ---------------------------- 195 4 1 , 176 19 3, 873 81 8, 045 24 5, 725 33 15, 186 9 713

P o li c e --------------------------------------- 2 5 4 33, 48 8 13 2, 013 102 10, 114 29 7, 330 34 7, 641 58 7, 690

P o li c e a n d f i r e ------------------------ 11 777 - - 6 389 - - 2 39 - -

S h e r if f s ' d e p u t i e s -------------------- 38 9, 221 - - 10 1, 188 2 140 2 131 6 505

C ity w id e ----------------------------------- 6 317 "

5 215 ~

1 102 1 20

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v is io n .

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Chapter 8. Personnel Policies

Probationary periods

Selection of work assignments

Trading shifts

Manning

Police and fire reserves

Layoff and recall

Training

Education

Promotions

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Chapter 8. Personnel Policies

Probationary periods

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 organization 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:

(188) 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 employment. The Lodge shall represent probationary employees 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

without written notice setting forth the specific reasons 

for dismissal and if the Lodge believes that said termination 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, proceedings shall be commenced in accordance with the 

provisions of this contract. An employee is presumed to 

have terminatedhis probationary period and obtained fulltime 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 probationary period.

Selection of work assignments

Less than 10 percent of the agreements studied

permitted employees to select work assignments. This

was usually accomplished on the basis of seniority.

(See table 26.) The right to choose a shift assignment

was qualified by the interest of departmental effectiveness. Thus, police and firefighters could be transferred

from preferred shifts during emergencies:

(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:

(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 shortage of manpower due to illness, vacations, holidays, 

special events, police school, disaster emergencies, or 

departmental meetings.

(b) The Chief of Police may, for investigative purposes, assign men out of shift, regardless of seniority.

Trading shifts

The long duty hours of public safety personnel—

particularly firefighters— may interfere with an employee’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

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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 of trading occasionally 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 requirements 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 administration 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

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the protection of police and firefighters from loss

of employment.

Negotiated clauses in, varying degrees, take into

account the issues surrounding manpower determinations. 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, disorderly 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, disorderly 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 uniformed 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 transported 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, overtime 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. However, if during the term of this agreement, the City 

wishes to lower the said Company manpower requirement, 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 manpower 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 modification of such schedule resulting from action under 

Section 2 hereof.

Section 4. No temporary assignments shall be permitted 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 temporary 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) Such assignments shall be distributed among 

the firefighting companies on the working 

shift as equitably as possible.

(2) 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.

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(3) 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 mediumsized communities, regular protective forces are supplemented 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 of overtime

and regulation of 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: . . .

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 appearances 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.

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 government 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 infrequent, appearing in less than one-third of the agreements. (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 agreements 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

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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) 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 of laid-off employees, 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 professional skills and to prepare them for promotional

opportunities. Sixteen percent of the agreements contained 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 of hours of required training,

pay guarantees for class attendance, and travel expenses:

(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 requirement 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 participation 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 activities 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 complete 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 programs not ordered by the Chief of Police or Captain 

shall be at the officer’s individual expense without pay.

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 continuing programs to upgrade the educational level

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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 of 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) 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 requirements 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.

Certain agreements awarded increases in grade and

pay for employees who had completed additional

schooling:

(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 Enforcement Program.

Patrolman 1 - Patrolmen who have earned an 

Associate Degree in Law Enforcement.

Patrolman 2 - In addition to the wages provided for Patrolmen 3, they shall 

receive an amount equal to 2% 

of the wages provided for Patrolmen 3.

Patrolman 1 - In addition to the wages provided 

for Patrolmen 3, they shall receive an amount equal to 5%

of the wages provided for Patrolmen 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 reimbursement:

(239) The employer in desiring to promote a greater efficiency 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 compensation 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:

(241) 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.

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Federal Reserve Bank of St. Louis
In some jurisdictions, the employer agreed to pay

incidental expenses incurred as a result of attending

school:

(244) 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.

(245) 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.

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 government 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 employer 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 of 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

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) 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.

One provision protected employees from loss of pay

if detailed to a lower paying job:

(247) 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 employees 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

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Federal Reserve Bank of St. Louis
table 29.) These ranged from short statements acknowledging that promotions were covered by laws or rules

specially designed for such matters, to lengthy provisions 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 of 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 combination 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 firefighters 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 expressed 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 qualifications, 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 submitted 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 promotion 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 Commission. 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 Service 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 requirement for promotion to sergeant.

(218) . . . Aspirants will become eligible to take examinations

for Sergeant after 3 years from date of regular appointment, or 2 years of service in Grade A No Sergeant shall

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Federal Reserve Bank of St. Louis
be deemed qualified to take the examination for Lieutenancy until he has served 2 years as a Sergeant. No 

Lieutenant shall be deemed eligible to take the examination for Captaincy until he has served 2 years as a 

Lieutenant ....

Beyond minimum time-in-grade requirements, seniority 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 department, 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) 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) 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.

(254) . . . 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 of 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 competitor will be made by the Chief of Police and the 

competitor’s division head, unit head, or supervisor. 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 element 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 performance 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

10 In competitive examinations, seniority may be given less

weight than other factors.

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Federal Reserve Bank of St. Louis
Department; provided, however, that the various criteria 

specified therein shall be weighed as follows:

Seniority............. 30%

Written Examination ............... 45%

Service Record .. 10% 

Chief’s Evaluation ................... 15%

Total ___ 100%

With reference to the Chief’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 examination.

(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 performance 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) Written-50%

(b) Performance Rating-4 0%

(c) 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 promotion.

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Federal Reserve Bank of St. Louis
G o v e r n m e n t a c t iv i t y

------------------X TT -------------------

a g r e e m e n ts

P r o b a t i o n a r y

p e r io d

S e le c tio n o f w o r k 

a s s i g n m e n t s

t r a d i n g

s h i f t s M a n n in g

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 l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

T o ta l ---------------------------------------- 5 0 4 8 4 ,9 7 9 172 1 5 ,7 7 2 4 8 6 ,4 5 3 91 13. 7 0 3 53 17. 85 6

F i r e f i g h t e r s --------------------------------------- 195 4 1 , 176 62 6, 864 5 761 64 9, 5 7 6 35 16, 159

P o l i c e ------------------------------------------------- 2 54 3 3 ,4 8 8 84 7, 374 37 5, 5 1 9 27 4 , 127 18 1, 697

P o li c e a n d f i r e --------------------------------- 11 777 7 4 2 8 2 62 - - _ _

S h e r i f f s ' d e p u tie s ---------------------------- 38 9, 221 16 1 ,0 2 2 3 62 _ _ _ _

C it y w i d e --------------------------------------------- 6 317 3 84 1 4 9 - - -

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 

p r o v i s i o n .

Table 27. Reduction-in-force provisions in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll

a g r e e m e n ts

R e f e r e n c e to 

r e d u c t i o n - i n - f o r c e

R e f e r e n c e to 

r e c a l l

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 t s

E m p lo y ­

e e s

T o t a l - - - - - ------------------------ 5 0 4 8 4 ,9 7 9 159 12, 7 2 8 132 1 0 ,6 7 1

F i r e f i g h t e r s ---------------------------------------- 195 4 1 , 176 50 3 , 795 39 2 , 641

P o li c e -------------------------------------------------- 25 4 3 3 ,4 8 8 80 7, 0 3 9 66 6, 2 1 6

P o li c e a n d f i r e ------------------------------------ 11 7 7 7 6 2 1 4 6 214

S h e r i f f s ' d e p u t i e s ------------------------------ 38 9, 221 18 1, 372 16 1 ,2 9 2

C ity w id e 6 317 5 3 0 8 5 3 0 8

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ­

t a i n m o r e th a n 1 p r o v i s i o n .

Table 28. Training and education provisions in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts

J o b - r e l a t e d

t r a i n i n g T u itio n a id E d u c a tio n 

i n c e n tiv e p a y

E d u c a tio n a l le a v e o f a b s e n c e

T o ta l P a i d 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

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 ------------------ ----------- 5 04 84, 979 81 17, 249 72 9, 159 87 10, 7 24 54 9, 876 13 3, 429 49 6, 993

F i r e f i g h t e r s ---------------------------- 195 4 1, 176 30 14, 030 30 4, 4 6 4 24 2, 703 14 2, 869 7 693 12 2, 637

P o li c e --------------------------------------- 2 5 4 33, 4 8 8 45 3, 030 39 4, 635 56 6, 176 25 2, 603 4 1, 000 24 1, 688

P o li c e a n d f i r e ---------------------- 11 777 3 56 2 54 - - 3 138 - - 3 138

S h e r i f f s ' d e p u tie s ------------------ 38 9, 221 3 133 1 6 7 1, 845 12 4, 266 2 1, 736 10 2, 530

C ity w id e ----------------------------------- 6 317

'

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v is io n .

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Federal Reserve Bank of St. Louis
G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts T e m p o r a r y s e r v i c e 

o u t of r a n k

P r o m o ti o n p r o c e d u r e s

R e f e r e n c e W ith b id d in g s y s t e 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 t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l ----------------------------------------- 5 0 4 84, 97 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 --------------------------------------- 195 41, 176 90 2 5 ,4 6 9 67 11, 102 19 5, 053

P o li c e -------------------------------------------------- 2 5 4 33, 4 8 8 62 9, 736 88 8, 465 26 1, 5 3 4

P o li c e a n d f i r e ---------------------------------- 11 777 6 206 5 190 2 49

S h e r i f f s ' d e p u tie s ----------------------------- 38 9, 221 6 1, 368 19 2, 656 10 445

C ity w id e --------------------------------------------- 6 317 3 177 5 308 4 2 88

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1

p r o v i s i o n .

Table 30. Promotion criteria in police and fire agreements, 1972-73

G o v e r n m e n t a c t iv i t y

R e f e r e n c e to 

p r o m o tio n T im e iil g r a d e E x a m in a tio n P e r f o r m a n c er a ti n g S e n io r ity

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s 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 ---------------------------------------- 184 22, 721 20 1, 189 92 10. 540 21 2, 4 5 8 89 9, 976

F i r e f i g h t e r s --------------------------------------- 67 11, 102 3 219 36 4, 076 5 4 9 8 25 5, 649

P o li c e ------------------------------------------------- 88 8, 465 17 970 49 4, 45 3 16 1, 960 44 3, 347

P o li c e a n d f i r e ----------------------------------- 5 190 - - - _ - _ 5 190

S h e r i f f s ' d e p u tie s ----------------------------- 19 2, 656 - - 6 1, 991 - - 11 531

C ity w id e --------------------------------------------- 5 308 1 20 - -

4 259

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v is io n .

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Federal Reserve Bank of St. Louis
Chapter 9. Grievances, Arbitration, and Discipline

Scope of the grievance procedure

Official time

Grievance steps

Arbitration

Arbitration costs

Time limits

Disciplinary procedures

No-strike provisions

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Federal Reserve Bank of St. Louis
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.)

Scope of the grievance procedure

Of the 389 agreements specifying grievance procedures, three-quarters, covering four-fifths of the employees, defined its scope (Table 31,) which in most

instances was limited to complaints involving interpretation of contract provisions:

Grievance definition Agreements

E m ployees

T o ta l............................. . 294 57,933

Interpretation and application of the contract . . . . . 216 44,334

Any and all com plaints . . . . 78 13,599

General complaints of 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) 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. . . .

(259) The purpose of the following grievance procedure 

shall be to settle, as quickly as possible, disputes 

concerning the interpretation, application and enforcement of the express provisions of this agreement.

(260) For the purpose of this agreement the term “grievance” 

shall mean the difference or dispute between any policeman 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.

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 discrimination and safety and health:

(261) A grievance, for the purposes of this article, shall 

be defined as any controversy, complaint, misunderstanding or dispute arising between an employee or 

employees and the City, or between the Brotherhood 

and the City.

(262) 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 Resolution, 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, including any claim of unjust discrimination and any 

matter affecting his or their health and safety, adjustment shall be sought as follows . . .

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 of grievance and arbitration provisions, see “Grievance and Arbitration Procedures in State and

Local Agreements” (Bull. 1833, Bureau o f Labor Statistics,

1975). Police and fire agreements were included in this study

as well.

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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 of the agreements with negotiated

procedures expressly granted employees time off 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 of the negotiated grievance

procedures. Most provisions required notification to

the employer or his prior approval:

(265) 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) If an employee desires the assistance of a representative 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.

(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 of 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

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:

(269) Any employee having a grievance shall discuss the 

matter with the Grievance Committee. If, after investigation, 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 remains 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 committeeman 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 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 communities, 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 ....

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(255) 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 conciliation 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.

(273) 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.

Arbitration

Unresolved disputes were submitted to arbitration for

resolution in three-quarters of 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 of the contracts provided

for advisory arbitration, permitting management to

retain authority for making a final determination:

(236) The findings of the Arbitration Board shall be 

final and binding on all parties concerned.

(274) 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.

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 of three arbitrators. Management

and the employee organization make one appointment

each, while the third party is neutral and is selected

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) 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.

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 provisions 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.

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

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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.

Some variety existed in cost provisions. In one

agreement, the city paid the entire cost of cases

it chose to submit to arbitration, whereas in another,

the losing party paid for all costs incurred:

(38) 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.

(277) 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 incurring 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 of a grievance, the amount of time

management had to reply, or the length of time the

union had to appeal:

(278) The firefighter or firefighters involved and/or the 

local representative shall meet with the immediate supervisor 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.

(279) 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 decision, if made in accordance with his jurisdiction and 

authority under this agreement. The arbitrator’s decision shall be final and binding on the City, on the 

employee or employees, and on the union. The arbitrator

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) 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 of omission

and commission by safety personnel which might

adversely affect public perception of police and fire

departments. The paramilitary nature of these organizations 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 collective bargaining agreements.

Forty-four percent of the agreements contained

clauses referring to discipline of police and firefighters.

(See table 33.) These covered a variety of 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 Commission 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

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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.

In a number of cases, the parties have in effect

defined the boundaries of 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 of superiors,

failure to fulfill responsibilities of 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 permanent 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 demotion, 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.

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 expectation of receiving better treatment than that accorded to 

the public in general is prohibited and may result in 

immediate dismissal. . . .

(49) 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 relating 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 misstatement 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; intoxication 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 alcoholic 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 of 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.

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Their employment is thus in the nature of a public 

trust. . . .

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 investigation by superior officers designated by the Superintendent ....

(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 turpitude.

(2) An officer has wilfully, wantonly, unreasonably, 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 necessarily 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) 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 determining factor.

(10) 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 of 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 otherwise, 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

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or at the location where the incident allegedly 

occurred.

3. 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 allegations should be provided. If it is known 

that the member of the force is being interrogated as a witness only, he should be so 

informed at the initial contact.

4. The questioning shall be completed with reasonable dispatch. Reasonable respites shall be 

allowed. Time shall also be provided for personal necessities, meals, telephone calls and 

rest periods as are reasonably necessary.

5. 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 reward shall be made as an inducement to 

answering questions.

6. 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.

7. 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 decisions of the Supreme Court of the United 

States of the United States.

8. In all cases, in the interest of maintaining the 

usually high morale of the force, the Department shall afford an opportunity for a member 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 representative of the union, may be present during the 

interrogation of member of the force.

The investigation may result in the convening of 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 individuals outside of 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 example, the chief of 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) supervisory officers with the rank of sergeant or higher to 

review the circumstances in any contemplated disciplinary action against a patrolman, corporal, or policewoman, 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 impartiality.

(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 members because Trial Board decisions are always 

watched with interest, and unsound dispositions could cause public reaction detrimental 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 chairman of the Board, and who shall vote only 

in the case of a tie.

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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 discussion, but shall have no voting rights 

in the decisions of the Board.

d. Three officers with the rank of patrolman 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 Appointing 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 equipment 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 of 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) 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.

(287) 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 representative. During the course of any grievance or arbitration 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 of protective service departments,

strikes by firefighters and police officers are often

prohibited either by specific or general statutes. As a

result, less than half of the agreements studied contained bans on such actions:

Agree­ E m ployments ees

All agreements . . . . 

With no-strike

504 84,979

provisions ............

Without no-strike

. 227 49,229

provisions ............ . 277 35,750

No-strike provisions were generally specific prohibitions of all forms of 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 employee or group of 

employees covered by this agreement engage in any

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Federal Reserve Bank of St. Louis
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 defined 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 perform 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 proceeding 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.

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G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts R e f e r e n c e to 

g r i e v a n c e p r o c e d u r e s

S c o p e o f

g r i e v a n c e p r o c e d u r e s

O f f ic ia l t i m 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 t i o n G r ie v a n c e p r o c e s s i n g

A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s A g r e e m e n t s E m p lo y e e s

T o ta l ----------------------------------------- 5 0 4 84, 9 79 3 89 7 2, 0 79. 2 9 4 57, 933 76 7, 398 185 2 3 , 949

F i r e f i g h t e r s --------------------------------------- 195 41, 176 157 37, 0 4 8 115 30, 087 2 4 3, 859 72 11, 611

P o li c e -------------------------------------------------- 2 5 4 33, 4 88 187 26, 759 150 24, 333 38 2, 9 9 9 91 9, 9 99

P o li c e a n d f i r e --------------------------------- 11 777 8 241 3 69 3 135 3 135

S h e r i f f s ' d e p u tie s ----------------------------- 38 9, 221 31 7, 7 14 22 3, 255 9 336 17 2, 135

C ity w id e --------------------------------------------- 6 317 6 317 4 189 2 69 2 69

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v i s io n .

Table 32. Status of mediation and arbitration in grievance procedures in police and fire agreements by government activity,

1972-73

P r o v i s io n

T o ta l F i r e f i g h t e r s P o li c e P o li c e a n d f i r e S h e r i f f s ' d e p u tie s C ity w id e

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 t s

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 ll a g r e e m e n ts ---------------------- 5 0 4 84, 97 9 195 41, 176 2 5 4 33, 4 8 8 11 777 38 9, 221 6 317

N e g o tia te d g r i e v a n c e

p r o c e d u r e s ---------------------------- 389 7 2, 079 157 37, 0 48 187 2 6, 759 8 241 31 7, 714 6 317

M e d ia tio n in g r i e v a n c e

p r o c e d u r e s ---------------------------- 33 13, 590 14 10, 171 15 3, 205 1 11 2 101 1 102

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 ---------------------------- 292 5 4, 230 113 27, 521 142 19, 0 48 7 225 26 7, 230 4 2 06

A d v is o r y a r b i t r a t i o n ------- 16 2, 384 9 1, 970 5 114 1 24 1 276 _ -

B in d in g a r b i t r a t i o n ---------- 2 4 4 40, 2 62 89 15, 526 123 17, 541 6 201 23 6, 837 3 157

S ta tu s of a r b i t r a t i o n n o t

g iv e n -------------------------------- 32 11, 58 4 15 10, 025 14 1, 393 - - 2 117 1 49

A r b i t r a t i o n c o s t s s h a r e d b y

u n io n a n d e m p lo y e r ------------- 220 38, 9 8 8 80 15, 862 108 15, 9 0 4 5 167 23 6, 849 4 206

N O T E : N o n a d d itiv e . A g r e e m e n t s 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

G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts R e f e r e n c e to 

d i s c i p l i n a r y p r o c e d u r e s R e v ie w b o a r d s G r i e v a n c e a p p e a l 

f r o m d i s c i p l in e

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 t s 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 t s E m p lo y e e s

T o ta l ------------------------------------- 5 0 4 84, 97 9 2 1 9 39, 482 22 7. 372 116 14, 765

F i r e f i g h t e r s ------------------------------------ 195 4 1, 176 79 16, 2 9 4 7 4, 051 52 9, 5 2 4

P o li c e ----------------------------------------------- 2 5 4 33, 4 88 110 15, 835 14 2, 071 50 3, 717

P o li c e a n d f i r e -------------------------------- 11 777 6 201 _ _ 3 111

S h e r i f f s ' d e p u tie s -------------------------- 38 9, 221 19 6, 861 1 1, 2 50 8 1, 2 4 4

C ity w id e ------------------------------------------- 6 317 5 291 - ~3 169

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o ­

v i s io n .

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Chapter 10. Negotiations and Negotiation Impasse Procedures

Savings clause

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Chapter 10. Negotiations and Negotiation Impasse Procedures

Negotiations over wages, hours, and working conditions usually involve the establishment of a committee

by the employee organization which prepares for and

participates in the bargaining of the contract. Membership usually includes the principal officers of the organization, one steward or more, and perhaps especially

elected members. Provisions in 26 percent of the agreements provided for official time for members of

negotiating committees:

Provision Agreements Employees

Total.................................... .. 504 84,979

Referring to official time for

negotiations.................................. .. 131 23,982

No reference to official time for

negotiations ................................ .. 373 60,997

Most stated that negotiations would be conducted

during regular working hours and that the union negotiators would be excused from their regular duties to take

part without loss of pay. The number of union representatives 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) The three (3) members of the union negotiating committee shall be granted leave from duty with full pay for 

all meetings between the City and the union for the purpose of negotiating the terms of a contract, when such 

meetings take place at a time during which such members are scheduled to be on duty .. .

(212) 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 processing of grievances or bargaining with the City on behalf 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 of

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 negotiations 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 of 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 of a strike

be found to resolve the impasse and prevent inconvenience and possible harm to the public. Despite the

fact that police and fire employees are even more restricted in the use of the strike than other public employees, only 8 percent of the agreements included

some means of negotiation impasse resolution. (See

table 35.) This low prevalence, in part, may result from

the existence of 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 collective 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 of the use of 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 negotiating parties to resolve their differences. The neutral examines the issues with them and may suggest a compromise. 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:

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(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 Association will within ten (10) days after the receipt of such request, 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 of 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 of the decision, or the issue to be

arbitrated:

(61) If requested by both parties, the Board [of Labor Relations] may provide as an alternative to factfinding, arbitration of the terms of collective bargaining agreements. 

The scope of arbitration under this section shall be subject to such limitations as the parties shall agree, and if 

agreed to in advance, shall be binding on the parties.

(291) 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 pursuant 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 continue in effect. These clauses were found in 236 agreements 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 become 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 substitute for such article or section.

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G o v e r n m e n t a c t iv i t y

A ll a g r e e m e n ts

H a v in g n e g o tia tio n i m p a s s e r e s o lu t i o n p r o c e d u r e s

T o ta l M e d ia tio n F a c t f i n d i n g A r b i t r a t i o n

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o y ­

e e s

A g r e e ­

m e n ts

E m p l o 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 ---------------------------------------- 5 0 4 8 4 ,9 7 9 25 9, 129 ; 14 4 , 303 8 3, 104 16 7, 206

F i r e f i g h t e r s --------------------------------------- 195 4 1 , 176 14 7, 573 7 3, 311 4 2, 2 50 9 5, 883

P o l i c e ------------------------------------------------- 254 3 3, 4 8 8 11 1, 556 7 992 4 854 7 1, 323

P o li c e a n d f i r e --------------------------------- 11 777 - - - - - _ _ _

S h e r i f f s ' d e p u t i e s ----------------------------- 38 9, 221 - - - - - - - -

C it y w i d e ---------------------------------------------- 6 317 “ " " "

N O T E : N o n a d d itiv e . A g r e e m e n t s m a y c o n ta in m o r e th a n 1 p r o c e d u r e .

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Appendix. Identification of Clauses

Employee organization affiliated with the AFL-CIO unless otherwise

indicated as independent union or association

Clause

Number Employer and union Expiration date

1 Los Angeles County, Calif.; supervisory peace officers, Professional Peace

Officers Association (I n d .).............................................................................. June 1975

2 Lebanon, Pa.; Fire Dept., Firefighters (IA F F ).................................................. December 1974

3 Johnstown, N.Y., Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

4 Monterey, Calif.; Police Dept., Monterey Police Relief Association

(Ind.) .................................................................................................................. June 1976

5 Rye, N.Y.; Fire Dept., Rye Paid Firemens’ Association (Ind.)....................... December 1974

6 Baltimore, Md.; Fire Dept., Firefighters (IAFF) .............................................. June 1974

7 Ontario, Calif.; Fire Dept., Firefighters (IAFF) .............................................. June 1975

8 Huntington, W. Va.; Police and Fire Depts., Fraternal Order of Police (FOP)

(Ind.) and Firefighters (IA F F )....................................................................... June 1972

9 Birmingham, Mich.; Police Dept., Birmingham Police Officers’ Association

(Ind.) .................................................................................................................. June 1972

10 Whiteflsh Bay, Wise.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

11 Penn Hills, Pa.; Police Dept., Police Advisory Committee (I n d .)................... December 1975

12 Detroit, Mich.; Police Dept., Detroit Police Lieutenants and Sergeants

Assoc. (Ind.) .................................................................................................... June 1974

13 Enfield, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1976

14 Kalispell, Mont.; Fire Dept., Firefighters (IAFF) ............................................ June 1973

15 Anchorage, Alaska; Police Dept., Anchorage Police Dept. Employees’

Assoc. (In d .)....................................................................................................... December 1973

16 Hartford, Conn.; Fire Dept., Firefighters (IAFF) ............................................ June 1975

17 Rumford, Me.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... January 1975

18 Lincoln Park, Mich.; Police Dept., Lincoln Park Police Officers’ Association (Ind.) ......................................................................................................... June 1975

19 St. Clair Shores, Mich.; Police Dept., St. Clair Shores Police Officers’

Assoc. (In d .)...................................................................................................... June 1976

20 Fond du Lac, Wise.; Fire Dept., Firefighters (IA F F )....................................... December 1973

21 Petoskey, Mich.; Fire Dept., Teamsters (IBT) (I n d .)....................................... July 1975

22 Providence, R.I.; Police Dept., Fraternal Order of Police (FOP) ( I n d .)----- June 1974

23 Grand Rapids, Mich.; Fire Dept., Firefighters (IA F F )..................................... May 1974

24 West Hartford, Conn.; Fire Dept., Firefighters (IAFF) .................................. June 1974

25 Plymouth, Mich.; Police Dept., Plymouth Police Officers’ Association

(Ind.) .................................................................................................................. June 1975

26 Mt. Pleasant, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1973

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27 Portage County, Wise.; Law Enforcement Portage County Deputy Sheriffs

Association (Ind.) ........................ .t ......................................................... December 1973

28 Bloomfield, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... March 1975

29 Vernon, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1974

30 Marin County, Calif.; Sheriff Dept., Marin County Deputy Sheriffs

Association (In d .)............................................................................................. June 1974

31 Worcester, Mass.; Police Dept., Worcester Police Officials Association

(Ind.) .................................................................................................................. June 1975

32 Waterbury, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... March 1974

33 Reno, Nev.; Fire Dept., Firefighters (IAFF) ..................................................... June 1975

34 Grosse Pointe Woods, Mich.; Police Dept., Grosse Pointe Woods Police

Officers Association (I n d .)............................................................................. June 1975

35 Carbondale, 111.; Fire Dept., Firefighters (IA F F ).............................................. April 1974

36 Denver, Colo.; Fire Dept., Firefighters (IAFF) ................................................ December 1974

37 Muskego, Wise.; Police Dept., Teamsters (IBT) (In d .)..................................... December 1973

38 Ann Arbor, Mich.; Police Dept., Teamsters (IBT) (In d .)................................ June 1974

39 Bridgeport, Conn.; Fire Dept., Firefighters (IA F F )......................................... June 1974

40 Groton, Conn.; Police Dept., Police Benevolent Assoc. (PBA) (Ind.) ......... June 1976

41 Stratford, Conn.; Fire Dept., Firefighters (IA F F )............................................ March 1975

42 Seattle, Wash.; Police Dept., Seattle Police Officer’s Guild (I n d .)................ August 1974

43 Portage, Mich.; Fire Dept., Firefighters (IA F F )................................................ June 1975

44 Nampa, Idaho; Fire Dept., Firefighters (IA F F )................................................ March 1975

45 Brown Deer, Wise.; Fire Dept., Firefighters (IA FF)......................................... December 1974

46 Birmingham, Mich.; Fire Dept., Firefighters (IA F F )....................................... June 1974

47 Meadville, Pa.; Police Dept., Fraternal Order of Police (FOP) (Ind.) December 1974

48 Fairfield, Conn.; Police Dept., Teamsters (IBT) (Ind.) .................................. June 1975

49 Boulder, Colo.; city employees Boulder Municipal Employees Association (Ind.) ................................................................................................................ December 1975

50 Wauwatosa, Wise.; Fire Dept., Firefighters (IAFF) ......................................... December 1973

51 Casper, Wyo.; Fire Dept., Firefighters (IA F F ).................................................. June 1975

52 Wyandotte, Mich.; Fire Dept., Firefighters (IA F F )......................................... September 1974

53 Auburn, N.Y.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1974

54 Lake County, Colo.; Fire Dept., Firefighters (IAFF) ..................................... January 1974

55 Edgerton, Wise.; Police Dept., Teamsters (IBT) (Ind.) .................................. December 1975

56 Ellensburg, Wash.; Fire Dept., Firefighters (IA F F )......................................... December 1975

57 Omaha, Neb.; Police Dept., International Brotherhood of Police Officers

(Ind.) .................................................................................................................. December 1974

58 State of New Jersey; State Troopers, State Troopers Fraternal Assn, of

New Jersey, Inc. (In d .).................................................................................... June 1976

59 North Tonawanda, N.Y.; Fire Dept., Firefighters (IA F F ).............................. March 1975

60 Cudahy, Wise.; Fire Dept., Firefighters (IA F F )................................................ December 1974

61 District of Columbia; Fire Dept., Firefighters (IA F F )..................................... January 1974

62 Miamisburg, Ohio; Fire Dept., Civil Service Employees’ Association (CSEA)

(Ind.) .................................................................................................................. December 1975

63 State of New York; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. March 1976

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
64 Amsterdam, N.Y.; city employees State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1974

65 Olean, N.Y.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1975

66 Ann Arbor, Mich.; Police Dept., Ann Arbor Police Officers Association

(Ind.) .................................................................................................................. June 1974

67 Manchester, Conn.; Fire Dept., Firefighters (IAFF)......................................... June 1974

68 Market City, Calif.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1975

69 Mayville, Wise.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1974

70 Boston, Mass.; Police Dept., Boston Collective Bargaining Federation

(Ind.) .................................................................................................................. June 1975

71 Rochester, N.Y.; Fire Dept., Firefighters (IAFF).............................................. June 1974

72 Miamisburg, Ohio; Police Dept., Fraternal Order of Police (FOP) (Ind.) . .. December 1975

73 Seekonk, Mich.; Police Dept., Fraternal Order of Police (FOP) (In d .)......... June 1975

74 Muskegon, Mich.; Police and Fire Depts., State, County and Municipal

Employees (AFSCM E).................................................................................... April 1976

75 Westbrook, Me.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... May 1975

76 Framingham, Mass.; Police Dept., Framingham Police Association (Ind.). .. December 1974

77 Winchester, Conn.; Police Dept., International Brotherhood of Police

Officers (Ind.) .................................................................................................. June 1975

78 Novi, Mich.; Police Dept., Novi Police Officer Association (Ind.).................. June 1975

79 Tampa, Fla.; Fire Dept., Firefighters (IA FF)..................................................... April 1974

80 Schenectady, N.Y.; Fire Dept., Firefighters (IAFF).......................................... December 1974

81 Providence, R.I.; Fire Dept., Firefighters (IAFF).............................................. June 1974

82 Henderson, Nev.; Fire Dept., Firefighters (IA F F )............................................ June 1974

83 Nashua, N.H.; Fire Dept., Firefighters (IA FF).................................................. June 1974

84 Hamilton, Ohio; Fire Dept., Firefighters (IA F F ).............................................. February 1975

85 Wilmington, Del.; Police Dept., Fraternal Order of Police (FOP) (Ind.) .... June 1974

86 Madison Heights, Mich.; Fire Dept., Firefighters (IA F F )................................ June 1973

87 Green Bay, Wise.; Fire Dept., Firefighters (IA F F )............................................ December 1974

88 New Haven, Conn.; Fire Dept., Firefighters (IAFF).......................................... June 1975

89 Anchorage, Alaska; Fire Dept., Firefighters (IAFF) ........................................ December 1973

90 San Buenaventura, Calif.; Fire Dept., Ventura City Firemen’s Association

(Ind.) .................................................................................................................. June 1975

91 Santa Monica, Calif.; Fire Dept., Firefighters (IAFF)....................................... June 1974

92 Wyoming, Mich.; Police Dept., Wyoming Police Officers Association

(Ind.) .................................................................................................................. July 1974

93 Ithaca, N.Y.; Fire Dept., Firefighters (IAFF) .................................................. December 1974

94 State of New York; Police Dept., Civil Service Employees Association

(CSEA) (In d .).................................................................................................... March 1973

95 Monroe, Wash.; Police Dept., Teamsters (IBT) (Ind.) ..................................... December 1974

96 Adrian, Mich.; Fire Dept., Firefighters (IAFF) ................................................ June 1975

97 Windsor, Conn.; Police Dept., International Brotherhood of Police Officers

(IBPO) (Ind.) .................................................................................................... June 1974

98 East Lansing, Mich.; Fire Dept., Firefighters (IA F F )....................................... June 1973

99 Dade County, Fla.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. September 1974

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
100 Livermore, Calif.; Police Dept., L iverm ^ Pplice Association (In d .)............ June 1976

101 Lansing, Mich.; Fire Dept., Firefighters (IA FF)................................................ June 1974

102 Long Beach, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. June 1976

103 Buffalo, N.Y.; Fire Dept., Firefighters (IAFF) ................................................ June 1974

104 Trenton, Mich.; Police Dept., Fraternal Order of Police (FOP) (I n d .)......... June 1975

105 Cowlitz County, Wash.; Sheriff Dept., Teamsters (IBT) (Ind.) ..................... December 1974

106 Scarsdale, N.Y.; Fire Dept., Scarsdale Uniformed Firefighter Association,

Inc. ( I n d .).......................................................................................................... May 1977

107 Manhattan Beach, Calif.; Police Dept., Manhattan Beach Police Officers

Association, Inc. (In d .).................................................................................... June 1975

108 Torrance, Calif.; Police Dept., Torrance Police Officers Association (Ind.).. July 1975

109 Livonia, Mich.; Police Dept., Livonia Police Lieutenants and Sergeants

Association (In d .).............................................................................................. November 1973

110 Madison, Wise.; Police Dept., Madison Professional Policemen’s Association (Ind.)........................................................................................................... December 1972

111 Whatcom County, Wash.; Sheriffs Dept., Teamsters (IBT) (In d .)................ December 1975

112 Kings County, Wash.; Police Dept., State, County and Municipal Employees (AFSCME) ................................................................................................ December 1974

113 Boulder, Colo.; Police Dept., Boulder Police Benefit Association (In d .).. .. December 1974

114 Cortland, N.Y.; Police Dept., Tiouga Police Club (Ind.).................................... December 1974

115 Oakland County, Mich.; Sheriffs Dept., State, County and Municipal

Employees (AFSCM E)..................................................................................... December 1974

116 Southfield, Mich.; Police Dept., Southfield Police Command Officers

(Ind.) .................................................................................................................. June 1974

117 Pullman, Wash.; Police Dept., Teamsters (IBT) (In d .)...................................... December 1975

118 Schnectady, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

119 Sheboygan, Wise.; Fire Dept., Firefighters (IAFF) ........................................... December 1975

120 Meriden, Conn.; Fire Dept., Firefighters (IA F F ).............................................. June 1975

121 Cranston, R.I.; Fire Dept., Firefighters (IA F F )................................................ June 1975

122 Norwich, Conn.; Fire Dept., Firefighters (IA FF).............................................. June 1973

123 Trinidad, Colo.; city employees, State, County and Municipal Employees

(AFSCM E)......................................................................... ................................ December 1974

124 Ann Arbor, Mich.; Police Dept., Teamsters (IBT) (In d .)................................ June 1974

125 Southfield, Mich.; Fire Dept., Firefighters (IAFF) ......................................... June 1973

126 Menominee, Mich.; Fire Dept., Firefighters (IAFF) ....................................... August 1974

127 Oconomowoc, Wise.; Police Dept., Teamsters (IBT) (In d .)............................ December 1974

128 Kalamazoo, Mich.; Fire Dept., Firefighters (IA F F )......................................... December 1974

129 San Francisco, Calif.; Police Dept., San Francisco Police Officers Association (Ind.)........................................................................................................... April 1977

130 Mankato, Minn.; Police Dept., Police Protective Association (PBA) (Ind.) .. December 1973

131 Eugene, Ore.; Police Dept., Eugene Police Patrolman’s Association (Ind.) .. June 1975

132 Wilmington, Del.; Fire Dept., Firefighters (IA F F )............................................ June 1974

133 Batavia, N.Y.; Police Dept., Police Benevolent Association (PBA) (Ind.) . . . December 1976

134 Toledo, Ohio; Police Dept., Fraternal Order of Police (FOP) (Ind.) ............ June 1974

135 Garden City, N.Y.; Fire Dept., Firefighters (IA F F )......................................... June 1976

136 Ithaca, N.Y.; Police Dept., Police Benevolent Association (PBA) (Ind.) . .. December 1974

137 Adrian, Mich.; Police Dept., Adrian Police Association (In d .)....................... June 1975

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
138 Racine, Wise.; Police Dept., Racine Policemen’s Professional and Benevolent Corp. (In d .)......................... _ : '.*.... ................................................... December 1975

139 Southfield, Mich.; Police Dept., Fraternal Order of Police (FOP) (Ind.) .. . June 1974

140 Milwaukee, Wise.; Fire Dept., Firefighters (IA FF)............................................ December 1973

141 Richland County, Wise.; Sheriffs Dept., State, County and Municipal

Employees (AFSCM E).................................................................................... December 1974

142 Milwaukee, Wise.; Police Dept., Professional Policemen’s Protective Assoc.

(Ind.) .................................................................................................................. November 1974

143 State of Minnesota; Dept, of Public Safety, State, County and Municipal

Employees (AFSCM E).................................................................................... October 1975

144 Framingham, Mass.; Fire Dept., Firefighters (IA F F )....................................... June 1974

145 Winnebago County, Wise.; Sheriffs Dept., Winnebago County Sheriffs

Professional Police Association (In d .)........................................................... December 1973

146 Newark, Del.; Police Dept., Fraternal Order of Police (FOP) (Ind.).............. December 1973

147 Brown Deer, Wise.; Police Dept., Brown Deer Policemen’s Protective

Assoc. (In d .)....................................................................................................... December 1974

148 Negaunee, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1974

149 Niagara Falls, N.Y.; Police Dept., Niagara Falls Police Club, Inc. (Ind.) .... December 1974

150 Laurium, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... January 1976

151 Vallejo, Calif.; Fire Dept., Firefighters (IAFF) ........................................... June 1974

152 Torrington, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1974

153 Allen Park, Mich.; Police Dept., Allen Park Police Officers Association

(Ind.) .................................................................................................................. June 1974

154 Dayton, Ohio; Fire Dept., Firefighters (IAFF) ........................................... February 1977

155 St. Clair Shores, Mich.; Fire Dept., Firefighters (IAFF) ................................ June 1974

156 Hazel Park, Mich.; Fire Dept., Firefighters (IAFF) ......................................... June 1974

157 Waterbury, Conn.; Fire Dept., Firefighters (IA F F )......................................... March 1974

158 East Providence, R.I.; Police Dept., Fraternal Order of Police (FOP)

(Ind.) .................................................................................................................. November 1974

159 Meadville, Pa.; Fire Dept., Firefighters (IAFF) ........................................... December 1975

160 Cudahy, Wise.; Police Dept., Cudahy Professional Policemen’s Association (Ind.)........................................................................................................... December 1974

161 Inkster, Mich.; Fire Dept., Firefighters (IA F F )................................................ June 1974

162 Great Falls, Mont.; Police Dept., Great Falls Police Protective Association (Ind.) ......................................................................................................... June 1974

163 Manchester, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1974

164 Wyoming, Mich.; Police Dept., Wyoming Police Officers Association

(Ind.) .................................................................................................................. June 1974

165 Tucson, Ariz.; Police Dept., Fraternal Order of Police (FOP) (Ind.) ........... December 1976

166 Two Rivers, Wise.; Fire Dept., Firefighters (IA F F )......................................... December 1974

167 Wayne County, Mich.; Fire Dept., Firefighters (IA F F ).................................... November 1975

168 Portland, Ore.; Fire Dept., Firefighters (IAFF) .............................................. June 1975

169 Bloomfield, Conn.; Police Dept., International Brotherhood of Police

Officers (Ind.) .................................................................................................. June 1975

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
170 Stratford, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)................................................ ......................................................... March 1975

171 Bangor, Me.; Fire Dept., Firefighters (IA FF)..................................................... December 1974

172 Harrisburg, Pa.; Police Dept., Fraternal Order of Police (FOP) (Ind.)............ December 1974

173 Peekskill, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

174 Long Beach, N.Y.; Fire Dept., Firefighters (IA F F )......................................... June 1976

175 West Mifflin, Pa.; Police Dept., West Mifflin Borough Policemen (Ind.)----- December 1974

176 Indiana, Pa.; Police Dept., International Brotherhood of Police Officers

(Ind.) .................................................................................................................. December 1974

177 Decatur, 111.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... April 1974

178 Middletown, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. November 1974

179 Kettering, Ohio; Police Dept., Fraternal Order of Police (FOP) (Ind.)......... February 1974

180 Menominee, Mich.; Police Dept., Independent Association of Policemen

(Ind.) .................................................................................................................. August 1974

181 Albion, Mich.; Fire Dept., Firefighters (IAFF) ................................................ March 1974

182 Lake Orion, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1975

183 Temple Hills, Calif.; Dept, of Public Safety, Temple Hills Public Safety

Association (In d .).............................................................................................. December 1974

184 Battle Creek, Mich.; Fire Dept., Firefighters (IA F F )....................................... June 1976

185 Milford, Conn.; Police Dept., State, County and Municipal Emplyoees

(AFSCM E).................................................. ...................................................... July 1975

186 Brainerd, Minn.; Police Dept., Brainerd Policemen’s Association (Ind.) .... May 1974

187 International Falls, Minn.; Police Dept., State, County and Municipal

Employees (AFSCM E).................................................................................... December 1975

188 Battle Creek, Mich.; Police Dept., Fraternal Order of Police (FOP)

(Ind.) .................................................................................................................. June 1976

189 Windsor Locks, Conn.; Police Dept., State, County and Municipal Employees (AFSCME) ........................................................................................... June 1975

190 Inkster, Mich.; Police Dept., Inkster Police Officers Association (Ind.) .... June 1974

191 St. Ignace, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1975

192 Milwaukee, Wise.; Fire Dept., Firefighters (IA FF)............................................ December 1973

193 New Castle County, Del.; Police Dept., Fraternal Order of Police (FOP)

(Ind.) .................................................................................................................. June 1975

194 Kalamazoo, Mich.; Police Dept., Fraternal Order of Police (FOP) (Ind.) . . . December 1974

195 Kingsford, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1975

196 Ann Arbor, Mich.; Fire Dept., Firefighters (IA F F )......................................... June 1974

197 Lewiston, Me.; Police Dept., State, County and Muncipal Employees

(AFSCM E)......................................................................................................... December 1975

198 Livingston County, Mich.; Police Dept., Teamsters (IBT) (I n d .).................. March 1976

199 Lansing, Mich.; Police Dept., Fraternal Order of Police (FOP) (Ind.)............ June 1974

200 Wausau, Wise.; Fire Dept., Firefighters (IA F F )................................................ December 1974

201 Burbank, Calif.; Police and Fire Depts., Firefighters (IAFF) and Burbank

Police Officers Association (Ind.).................................................................. July 1974

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
202 Portland, Me.; Police Dept., Police Benevolent Association (PBA) (Ind.). . . March 1974

203 Grosse Pointe Park, Mich.; PoliceuDept., Grosse Pointe Park Police

Sergeants and Corporals Association (Ind.) ................................................ June 1975

204 Middletown, Conn.; Fire Dept., Firefighters (IA F F )....................................... June 1974

205 Boulder, Colo.; Fire Dept., Firefighters (IAFF) .............................................. December 1975

206 Escanaba, Mich.; Police Dept., Teamsters (IBT) (Ind.)..................................... June 1974

207 Lima, Ohio; Police Dept., Fraternal Order of Police (FOP) (In d .)................ February 1974

208 San Jose, Calif.; Fire Dept., Firefighters (IA F F ).............................................. June 1975

209 Fond du Lac, Wise.; Police Dept., Fond du Lac Professional Policemen’s

Association (Ind.) ........................................................................................... December 1973

210 Mount Vernon, Wash.; Police Dept., Teamsters (IBT) (In d .)......................... December 1974

211 Dekalb, 111.; Fire Dept., Firefighters (IAFF) ..................................................... April 1975

212 Waukesha, Wise.; Fire Dept., Firefighters (IAFF) ........................................... December 1974

213 La Mesa, Calif.; Police Dept., La Mesa Police Officer’s Association

(Ind.) ................................................................................................................ June 1974

214 Syracuse, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

215 East Hartford, Conn.; Fire Dept., Firefighters (IAFF) .................................. June 1974

216 Westport, Conn.; Police Dept., Westport Police Association (I n d .).............. June 1975

217 North Providence, R.I.; Police Dept., Fraternal Order of Police (FOP)

(Ind.) .................................................................................................................. June 1975

218 West Haven, Conn.; Police Dept., State, County and Municipal Employees (AFSCME) ......................................................................................... June 1975

219 Eugene, Ore.; Fire Dept., Firefighters (IA F F ).................................................. June 1975

220 Meriden, Conn.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... June 1973

221 Racine, Wise.; Fire Dept., Firefighters (IAFF) ................................................ December 1975

222 Wallingford, Conn.; Fire Dept., Firefighters (IAFF) ....................................... June 1974

223 Glastonbury, Conn.; Police Dept., Glastonbury Police Officer’s Association (Ind.) ...................................................................................................... June 1974

224 Cohoes, N.Y.; Police Dept., Cohoes Police Benevolent and Protective

Association (In d .)............................................................................................. December 1974

225 Dunkirk, N.Y.; Police Dept., Police Benevolent Association (PBA)

(Ind.) .................................................................................................................. December 1974

226 Rye, N.Y.; Police Dept., Rye Police Association (Ind.) ................................ December 1974

227 Harrisburg, Pa.; Fire Dept., Firefighters (IAFF) .............................................. December 1974

228 Sacramento, Calif.; Fire Dept., Firefighters (IAFF) ....................................... June 1975

229 Milford, Conn.; Fire Dept., Firefighters (IAFF) .............................................. June 1975

230 Andover, Mass.; Police Dept., Andover Police Betterment Association

(Ind.) .................................................................................................................. June 1974

231 Madison Heights, Mich.; Police Dept., Madison Heights Police Officers

Association (Ind.) ........................................................................................... June 1973

232 Norwich, Conn.; Police Dept., International Brotherhood of Police

Officers (Ind.) .................................................................................................. June 1974

233 Pontiac, Mich.; Fire Dept., Firefighters (IA F F )................................................ December 1974

234 Marin County, Calif.; Emergency Services, Marin County Employees’

Association (Ind.) ........................................................................................... June 1974

235 Fowlerville, Mich.; Police Dept., Teamsters (IBT) (In d .)................................ June 1974

236 Cheyenne, Wyo.; Fire Dept., Firefighters (IAFF) ............................................ June 1974

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

Worcester, Mass.; Fire Dept., Firefighters (IA F F )............................................

Brewer, Me.; Police Dept., State, County and Municipal Employees

(AFSCM 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 (AFSCME)..................................................................

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 Employees (AFSCME)...........................................................................................

Dane County, Wise.; Law Enforcement Unit Teamsters (IBT) (Ind.)...........

Houlton, Me.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Galt, Calif.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Iron County, Mich.; Sheriffs Dept., State, County and Municipal Employees (AFSCME) .........................................................................................

Tecumseh, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Hartford, Wise.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Millinocket, Me.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Barrington, Vt.; Police Dept., Fraternal Order of Police (FOP) (In d .).........

Port Huron, Mich.; Police Dept., State, County and Municipal Employees

(AFSCM E).........................................................................................................

Ionia, Mich.; Police Dept., State, County and Municipal Employees

(AFSCME)...........................................................................................................

Reno, Nev.; Fire Dept., Firefighters (IA 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

(AFSCM E).........................................................................................................

Marysville, Wash.; Police Dept., Teamsters (IBT) (Ind.) ................................

Walla Walla, Wash.; Fire Dept., Firefighters (IAFF) .......................................

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

Grand Haven, Mich.; Fire Dept., Firefighters (IAFF) ..................................... July 1975

Two Rivers, Wise.; Police Dept., Wisconsin Professional Policemen’s

Assoc. (In d .)....................................................................................................... December 1974

Marinette, Wise.; Fire Dept., Firefighters (IAFF) ........................................... December 1974

Spokane, Wash.; Police Dept., Spokane Police Guild (Ind.) ......................... December 1974

Los Angeles County, Calif.; Fire Dept., Firefighters (IA F F )......................... June 1974

Mankato, Minn.; Fire Dept., Firefighters (IA F F ).............................................. December 1975

West Hartford, Conn.; Police Dept., State, County and Municipal Employees (AFSCME) ......................................................................................... June 1975

Roseville, Mich.; Fire Dept., Firefighters (IAFF) ......................................... June 1975

Newport, R.I.; Fire Dept., Firefighters (IA F F )................................................ June 1974

Livonia, Mich.; Fire Dept., Firefighters (IAFF) .............................................. November 1973

Ferndale, Mich.; Police Dept., State, County and Municipal Employees

(AFSCME) .................................................................................................... September 1976

Aurora, 111.; Fire Dept., Firefighters (IAFF) ..................................................... September 1975

Manitowoc, Wise.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... December 1974

Gardiner, Me.; Police Dept., State, County and Municipal Employees

(AFSCME) ....................................................................................................... April 1974

Lewiston, Me.; Police Dept., State, County and Municipal Employees

(AFSCME) ....................................................................................................... December 1975

Livonia, Mich.; Police Dept., Livonia Police Officers’ Association (Ind.) . . . November 1973

Caspar, Wyo.; Police Dept., Police Benevolent Association (PBA) (Ind.) . .. June 1974

Allentown, Pa.; Fire Dept., Firefighters (IAFF)................................................ December 1974

Reno, Nev.; Police Dept., Reno Police Protective Association (In d .)........... June 1975

Yakima, Wash.; Police Dept., Yakima Police Patrolmen’s Association (Ind.). December 1974

Houlton, Me.; Police Dept., State, County and Municipal Employees

(AFSCM E)......................................................................................................... January 1975

Miami, Fla.; Fire Dept., Firefighters (IA F F ).................................................... October 1974

Beloit, Wise.; Police Dept., Beloit Patrolmen’s Association (In d .)................ December 1973

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis
BUREAU OF LABOR STATISTICS

REGIONAL OFFICES

Region I

1603 JFK Federal Building

Government Center

Boston. Mass. 02203

Phone; (617) 223-6761

Region II

Suite 3400

1515 Broadway

New Y ork. N .Y . 10036

Phone: (212) 971-5405

Region III

P.O. Box 13309

Philadelphia. Pa. 19101

Phone: (215) 597-1154

Region IV

1371 Peachtree Street, N.E.

Atlanta, Ga. 30309

Phone: (404) 526-5418

Region V

9th Floor

Federal Office Building

230 S. Dearborn Street

Chicago , III. 60604

Phone: (312) 353-1880

Region VI

Second Floor

555 G riffin Square Building

Dallas, Tex. 75202

Phone: (214) 749-3516

Regions V II and V III*

911 Walnut Street

Kansas C itv. Mo. 64106

Phone: (816) 374-2481

Regions IX and X * *

450 Golden Gate Avenue

Box 36017

San Francisco, Calif. 94102

Phone: (415) 556-4678

* Regions VII and VIII are serviced by Kansas City

** Regions IX and X are serviced by San Francisco

Digitized for FRASER 

http://fraser.stlouisfed.org/ 

Federal Reserve Bank of St. Louis