Apoa Settlement

THE CITY OF ALBUQUERQUE LABOR MANAGEMENT RELATIONS BOARD IN THE MATTER OF PROHIBITED PRACTICE: THE ALBUQUERQUE POLICE OFFICERS’ ASSOCIATION, Petitioner, vs.

No. LB 08-16

THE CITY OF ALBUQUERQUE, THE CITY OF ALBUQUERQUE POLICE DEPARTMENT AND CHIEF RAYMOND G. SHULTZ, Respondents. SETTLEMENT AGREEMENT WHEREAS, the Albuquerque Police Officers’ Association (“APOA”) filed a Prohibited Practice Complaint (“PPC”) against the City of Albuquerque, the City of Albuquerque Police Department and Chief Raymond G. Schultz (hereinafter collectively “Respondents”) alleging that the Respondents had violated the Collective Bargaining Agreement in effect between the APOA and the City of Albuquerque with respect to paying graveyard shift officers for overtime pursuant to the Collective Bargaining Agreement; WHEREAS, the Collective Bargaining Agreement controls the working conditions of officers and members of the APOA; WHEREAS, the APOA alleges that the language contained in the Collective Bargaining Agreement and past practice of the Parties has been that officers who work the graveyard shift and have court following the end of their shift were paid two hours of overtime;

WHEREAS, the APOA alleges that commencing as early as 1993 forward, the Collective Bargaining Agreement has contained the following language: Officers assigned to graveyard shift who have worked the previous shift will be paid a minimum of two (2) hours at time-and-one-half beginning thirty (30) minutes after shift ends plus actual time spent in court following two-and-onehalf (2-1/2) hours after close of shift. See section 2.1.4 of the July 1, 2008 – June 30, 2001 CBA. WHEREAS, the APOA alleged in its PPC that beginning in May of 2008 the Department unilaterally, through a Special Order issued by Captain Callaway, changed the above conditions and directed that certain graveyard officers would no longer receive the two hours at time-and-one-half as provided for by the Collective Bargaining Agreement (see Exhibit A attached hereto); WHEREAS, the APOA alleges in its PPC that such change is in violation of the above-quoted contract language and past practice of the Department; WHEREAS, the parties having met and conferred concerning a resolution of the allegations raised within the PPC and having resolved their differences; and WHEREAS, the parties have agreed to resolve the outstanding issues remaining in this PPC filed May 16, 2008. NOW, THEREFORE, in consideration of the following terms and conditions, the parties agree as follows: 1.This Settlement Agreement is made and entered into this _________day of March 2009 by and between the APOA and the City of Albuquerque, the City of Albuquerque Police Department and Chief Raymond G. Schultz. 2.The Department recognizes the contract language above-cited and the intent to compensate graveyard offices following their shift for the time spent waiting for court.

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3.The Parties have agreed that officers assigned to graveyard shift that have worked the previous shift and whose shift ends at 6:00 a.m., 7:00 a.m. and 8:00 a.m. will be paid a minimum of two (2) hours at time-and-one-half beginning thirty (30) minutes after their shift ends plus the actual time spent in court following the two and one-half (2½) hours after close of their shift. This provision is not applicable if the officer’s court appearance is scheduled to begin at 10:00 a.m. or later in the morning court session. If the officer’s court appearance is scheduled to begin at 10:00 a.m. or later in the morning court session, the officer shall receive a minimum of two (2) hours of court time at timeand-one-half beginning at the scheduled court time. (See Memorandum of Understanding Court Allowance, attached hereto as Exhibit B.) 4.The Parties have agreed, in order to facilitate a return to the contract language and past practice, graveyard officers will be required to clock out of Metropolitan Court. The intent and purpose of this provision is that officers, before they leave Metropolitan Court, will be required to use their identification card and use the computer system at Metropolitan Court to evidence said officer is leaving court. 5.The APOA will await information from the Chief of Police concerning the possibility of graveyard officers returning to four, ten-hour shifts. If this occurs, the APOA will assist in attempting to negotiate a return to four, ten-hour shifts in lieu of any compensation owed to the officers as a result of this unilateral change in working conditions. 6.If such a settlement agreement cannot be reached, the Department may schedule graveyard shifts between four, ten-hour and five, eight-hour shifts as required by manpower needs.

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7.If no settlement can be reached as discussed in paragraph 4 above, an audit will be conducted of all officers who have worked graveyard since May of 2008 who have been impacted by this unilateral change in working conditions. 8.As a result of the audit, any officers who are owed money will be compensated for such sums. 9.The Parties agree that this Agreement is entered into to avoid the expense and burden of any litigation and to terminate all controversies and/or claims against the Respondents regarding this specific matter. 10.This Agreement constitutes the complete understanding between the parties and all prior representations are merged into this Agreement 11.The parties acknowledge that each has read the foregoing carefully, fully understands its terms, and are executing such agreement voluntarily and without any coercion, undue influence, threat, or intimidation of any type whatsoever.

Ron Olivas, President Albuquerque Police Officers’ Association

Frederick M. Mowrer Attorney for Petitioner

Raymond G. Schultz, Chief Albuquerque Police Department

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Lawrence Torres Director of Employee Relations

/opt/pdfcoke/conversion/tmp/scratch6/19774713.doc

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