Fotpcontract

TABLE OF CONTENTS
PREAMBLE ............................................................ 1
ARTICLE I ................................................................. 2
RECOGNITION ...................................................... 2
ARTICLE II ............................................................... 2
MAINTENANCE OF MEMBERSHIP .................... 2
ARTICLE III .............................................................. 2
CHECK-OFF ........................................................... 2
ARTICLE IV .............................................................. 6
NON-DISCRIMINATION ...................................... 6
ARTICLE V ............................................................... 7
UNION RIGHTS...................................................... 7
ARTICLE VI ............................................................ 10
SENIORITY .......................................................... 10
ARTICLE VII .......................................................... 12
WORK HOURS AND OVERTIME ...................... 12
ARTICLE VIII ......................................................... 14

WORK SCHEDULE .............................................. 14
ARTICLE IX ............................................................ 16
SHIFT TRADES .................................................... 16
ARTICLE X ............................................................. 17
COMPENSATION ................................................ 17
ARTICLE XI ............................................................ 18
LONGEVITY PAY ................................................ 18
ARTICLE XII .......................................................... 19
MEAL ALLOWANCE .......................................... 19
ARTICLE XIII ......................................................... 20
SHIFT ALLOWANCE .......................................... 20
ARTICLE XIV ......................................................... 20
SPECIAL UNIT PAY ............................................ 20
ARTICLE XV........................................................... 21
CLOTHING ALLOWANCE ................................. 21
ii
ARTICLE XVI ......................................................... 22

WORK IN HIGHER RANK .................................. 22
ARTICLE XVII ....................................................... 23
HOLIDAYS ........................................................... 23
ARTICLE XVIII ...................................................... 26
HOLIDAY COMPENSATORY DAYS................. 26
ARTICLE XIX ......................................................... 27
VACATIONS ........................................................ 27
ARTICLE XX........................................................... 29
BEREAVEMENT LEAVE .................................... 29
ARTICLE XXI ......................................................... 30
JURY DUTY .......................................................... 30
ARTICLE XXII ....................................................... 31
COURT DUTY ...................................................... 31
ARTICLE XXIII ...................................................... 33
SICK LEAVE......................................................... 33
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ARTICLE XXIV ...................................................... 34

SICK PAY .............................................................. 34
ARTICLE XXV ........................................................ 36
WORKERS COMPENSATION & INJURED ON
DUTY .................................................................... 36
ARTICLE XXVI ...................................................... 39
LONG TERM DISABILITY.................................. 39
ARTICLE XXVII ..................................................... 41
PERSONAL LEAVE ............................................. 41
ARTICLE XXVIII ................................................... 42
FAMILY AND MATERNITY LEAVES ............... 42
ARTICLE XXIX ...................................................... 42
MILITARY LEAVE .............................................. 42
ARTICLE XXX ........................................................ 44
UNION LEAVE ..................................................... 44
ARTICLE XXXI ...................................................... 44
GRIEVANCE PROCEDURE ................................ 44
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ARTICLE XXXII ..................................................... 50

ARBITRATION..................................................... 50
ARTICLE XXXIII ................................................... 54
OFFICER'S RIGHTS ............................................. 54
ARTICLE XXXIV ................................................... 60
NO STRIKE - NO LOCKOUT............................... 60
ARTICLE XXXV ..................................................... 61
AUTHORITY RIGHTS ......................................... 61
ARTICLE XXXVI ................................................... 62
PENSION ............................................................... 62
ARTICLE XXXVII .................................................. 65
BADGE UPON RETIREMENT ............................ 65
ARTICLE XXXVIII ................................................ 66
HEALTH AND WELFARE BENEFITS ............... 66
ARTICLE XXXIX ................................................... 74
COMMITTEES...................................................... 74
ARTICLE XL ........................................................... 76
BULLETIN BOARDS ........................................... 76
ARTICLE XLI ......................................................... 78
SAFETY AND HEALTH ...................................... 78
ARTICLE XLII ........................................................ 78
CLOTHING AND EQUIPMENT .......................... 78
ARTICLE XLIII ...................................................... 79
TRAINING ............................................................ 79
ARTICLE XLIV ...................................................... 81
ACCESS TO PERSONNEL FILES ....................... 81
ARTICLE XLV ........................................................ 82
DIRECT DEPOSIT ................................................ 82
ARTICLE XLVI ...................................................... 82
CHANGE IN PERSONAL STATUS ..................... 82
ARTICLE XLVII ..................................................... 83
COMPENSATORY TIME..................................... 83
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ARTICLE XLVIII ................................................... 84

MISCELLANEOUS PROVISIONS ...................... 84
ARTICLE XLIX ...................................................... 88
TERM OF AGREEMENT ..................................... 88
APPENDIX A ........................................................... 91
UNIFORM AND EQUIPMENT ............................ 91
APPENDIX B ........................................................... 92
ATTENDANCE POINT SYSTEM ........................ 92
APPENDIX C ........................................................... 95
APPENDIX D ........................................................... 97
vii
MEMORANDUM OF AGREEMENT
SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY
And
THE FRATERNAL ORDER OF TRANSIT
POLICE
March 30, 2012
PREAMBLE
This Agreement entered into on March 30, 2012 by the
Southeastern
Pennsylvania
Transportation
Authority (hereinafter referred to as the "Authority")
and the Fraternal Order of Transit Police
(hereinafter referred to as the "Union") constitutes the
product of collective bargaining by the parties in
accordance with provisions of Act 195 and sets forth
terms and other conditions of employment for the
duration of this Agreement.
ARTICLE I
RECOGNITION
Pursuant to Act 195, the Authority recognizes the
Union as the exclusive representative for collective
bargaining purposes for all police officers in the Unit
certified by the Pennsylvania Labor Relations Board,
Case PERA-R-92-110-E (PERA-R-82-61-E).
ARTICLE II
MAINTENANCE OF MEMBERSHIP
All employees who have joined the Union or who join
the Union in the future must remain members of the
Union provided that they may resign from the Union
during a period of thirty (30) days prior to each
anniversary date of this Agreement.
1.
ARTICLE III
CHECK-OFF
The Authority agrees to deduct weekly from the
wages of any employee, who is a member of the
Union, all membership dues and initiation fees as
provided in a written authorization in accordance
with the standard form used by the Union,

provided that the said form shall be executed
voluntarily by the employee, and shall be in
compliance with any State or Federal law. Such
withholdings of Union dues and initiation fees
shall be transmitted via direct deposit to such
account as the Union shall designate not later then
seven (7) working days after the dues and
initiation fees were deducted. The Union will
notify the Authority thirty (30) days prior to any
change in such dues and/or fees.
2.
Such deductions will be authorized, levied, and

certified in accordance with the by-laws of the
Union. Each such employee and the Union hereby
authorize the Authority to rely upon and to honor
certifications by the Treasurer of the Union
regarding the amounts to be deducted and the
legality of the adopting action specifying such
amounts of Union dues and/or fees.
3.
All deductions shall be subject to revocation by the

employees who executed such assignments upon
giving written notice to the Authority in accordance
with the maintenance of membership provisions of
this Agreement. The Authority shall thereafter

cease withholding any moneys whatever under such
assignment.
4.
The Authority shall be relieved from making such

"check-off" deductions upon an employee's (a)
termination of employment, (b) transfer to a job
outside the bargaining unit, (c) layoff from work,
(d) an authorized leave of absence, or (e) revocation
of the check-off authorization in accordance with its
terms or with applicable law. If an officer is
returned to duty in the bargaining unit in accordance
with (b), (c), or (d) above, check-off shall be
resumed upon submission of a new authorization
card.
5.
The Authority assumes no obligation, financial or

otherwise, arising out of the provisions of this
Article, and the Union shall indemnify and hold the
Authority harmless from any and all claims,
grievances, awards, suits, attachments, or other
proceedings arising out of or by reason of any
action taken by the Authority for the purpose of
complying with any provisions of this Article. The
Union assumes full responsibility for the disposition
of the funds deducted under this Article as soon as

they have been remitted by the Authority to the
Union.
6.
Each employee who does not become a member of

the Union will be required to pay to the Union a fair
share fee which shall mean the regular membership
dues required of members of the Union less the
costs for the previous fiscal year of the Union's
activities and undertakings which were not
reasonably employed to implement or effectuate the
duties of the Union as the exclusive representative
of the officers. In order to implement such fair
share agreements, the Union shall provide the
Authority with the name of each non-member who
is obligated to pay a fair share fee, the amount of fee
that he or she is obligated to pay, and a reasonable
schedule for deducting said amount from the salary
or wages of such non-member. As a precondition to
the collection of fair share fees, the Union shall
establish and maintain a full and fair procedure,
consistent with constitutional requirements, that
provides non-members, by way of annual notice,
with sufficient information to gauge the propriety of
the fee and that responds to challenges by non-
members to the amount of the fee. The procedure

shall provide for an impartial hearing before an
arbitrator to resolve disputes regarding the amount
of the chargeable fee. This paragraph will become
effective only after seventy percent (70%) of
eligible
officers
have
signed
check-off
authorizations.
7.
The Authority will reserve one payroll slot for the

Union C.O.P.E. Fund.
ARTICLE IV
NON-DISCRIMINATION
1.
The Authority and the Union agree that race, sex,

color, religion, national origin, age, disability,
veteran status or sexual orientation shall not be a
factor in establishing the conditions of employment,
rates of pay, hours or working conditions. No
employee shall be deprived of equal employment
opportunity nor be subject to any discrimination,
harassment, or retaliation in the exercise of one's
employment rights on the basis of race, creed, color,
sex, ancestry, marital status, national origin,
religion, age, handicap, disability, veteran status,

sexual orientation, or the exercise of any rights
afforded by this Agreement.
2.
In addition, the Authority shall not discriminate

against any officer due to membership in the Union
nor interfere with the right of any officer to become
a member of the Union. The Union shall not
discriminate against any officer due to that officer's
lack of membership in the Union.
3.
The Authority and the Union further agree not to

discriminate against any officer due to their
participation in any investigative inquiry.
ARTICLE V
UNION RIGHTS
1.
Any official of the Union shall be permitted to visit

Department facilities where officers report on or off
duty to conduct necessary Union business. The
Union shall give the Department notice of such
visits of not less than one (1) hour. These visits
shall not interfere with nor disrupt operations and if
the Department decides that there is an interference

or disruption with operations, the Union officials
shall leave the said Department facilities.
2.
The Union will notify, preferably in writing or by

fax, the Labor Relations Department at least three
(3) working days (Monday to Friday) in advance of
any requested calls off for Union business except in
the case of an emergency. The request will include
the names and locations of the officers to be called
off and will be granted subject to the operational
needs of the Department as determined by the
Department. Normally a request from the President
or Vice-President of the Union will not be denied.
Upon receipt of a request, the Labor Relations
Department will notify Police Administration which
will prepare the call off form which will be given to
the Captain of Patrol to sign and when signed will
be faxed to the direct supervisor of the officers to be
called off.
3.
The Authority shall make a good faith effort to

notify the Union of any new Department issued
permanent policy or directive, or change in any such
policy or directive affecting it or its members at
least ten (10) days before the effective date of such

policy or directive.
4.
The Authority shall provide the Union with a list of

all officers covered by this Agreement, which shall
include hire date, account number, graduation date
from the Police Academy, rank and assignment
within three days of such request by the Union. The
Authority shall provide the Union two (2) times a
year with a list showing new hires, promotions, and
discharges.
5.
In all matters pursuant to this Agreement and in any

matter involving interaction between the Union and
the Authority, the Authority shall recognize duly
authorized representatives of the Union and the
Union shall recognize the duly authorized
representatives of the Authority and each party shall
conduct business with such duly authorized
representatives.
6.
Elected officials of the Union shall be permitted by

the Authority to spend such time as is reasonably
necessary during working hours to process
grievances or represent officers without pay except

as set forth herein.
ARTICLE VI
SENIORITY
1.
Authority seniority shall be determined by the

employee's date of hire by the Authority. An
officer's bargaining unit seniority shall commence
as of the officer's date of hire into the Department.
Seniority for officers employed after September
30, 1999, who are hired on the same date shall be
in accordance with the employee's account
number, with the lowest account number taking
precedence. Employees shall be assigned account
numbers in accordance with their final ranking as
determined by the Chief of Police. For employees
who transfer into the Department, they shall
maintain their current account number and shall be
placed on the seniority list in accordance with their
final ranking as determined by the Chief of Police.
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2.
An employee shall lose all seniority rights and all

other rights under this agreement and shall cease to
be an officer when:
(a) The officer quits;
(b) The officer is discharged for just cause;
(c) The officer is absent from work for three (3)
consecutive work days without notifying the
Authority unless a reason satisfactory to the
Authority is provided for the failure to notify;
(d) The officer fails to report back to work at the
conclusion of an approved leave of absence
unless a satisfactory reason is given for the
failure to report back;
(e) The officer retirees;
(f) The officer has been laid off and not recalled
for a period as long as the officer had worked
for the Authority from the date of last hire up to
a maximum of one (1) year;
(g) The Authority permanently terminates
operation of the Department;
(h) The officer takes a non-bargaining unit position
with the Authority for longer than ninety (90)
days.
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3.
All officers shall be considered probationary

employees until the completion of six (6) months of
service following graduation from the Police
Academy.
During and at the end of the
probationary period, the Authority may discipline
any such probationary employee in its discretion
and such discipline shall not be grievable.
4.
Layoffs and recalls of officers will be made in

accordance with bargaining unit seniority provided
that the officers remaining at the time of layoff or
recall have the present skill and ability to do the
work available at once without any training. The
Authority will agree to provide the necessary
training to re-qualify a laid-off/recalled officer.
ARTICLE VII
WORK HOURS AND OVERTIME
1.
Officers will be scheduled to work shift times that

accommodate the workload demands of the
Authority.
2.
The normal workweek shall be forty (40) hours.
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3.
The normal workday shall be eight (8) hours

including a half-hour () paid meal period.
During the lunch period, the officer will remain on
call.
4.
Officers normally will receive two (2) consecutive

days off each workweek whether in one or two
calendar weeks.
5.
Officers authorized to work overtime will be paid

in one-tenth (1/10) hour increments at one and
one-half (1) times the base hourly rate of pay for
all hours worked in excess of eight (8) hours in
any work day or forty (40) in any work week.
Except where impractical, officers must receive
prior authorization from their supervisor before
working the overtime.
6.
There will be no pyramiding of overtime or

premium pay.
7.
When the Authority has ten (10) or more calendar

days advance notice that overtime will be required,
it will distribute the opportunity to work such
overtime by seniority to those qualified officers
13
who are available and not already scheduled to

work the hours of the scheduled overtime.
8.
Unscheduled overtime will be rotated by seniority

in a tour (squad) within a zone among those
officers actually at work. If an officer is not at
work when the overtime becomes available, the
officer will not be charged for the overtime as if he
had worked. If no officer accepts the overtime, the
junior officer on the tour (squad) within the zone
will be required to work the overtime.
9.
The Authority will make a good faith effort to

assign SEPTA Police Officers to projects on
SEPTA property.
ARTICLE VIII
WORK SCHEDULE
1.
The Authority retains the right to schedule based

on the need of the Authority. The work schedule
shall consist of fixed shifts and days off.
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2.
Officers with at least two (2) years of seniority

will be given the opportunity at least one (1) time
per year by seniority to indicate their choice of
shifts, days off, and assignments. Such choice
shall be granted subject to the right of the
Department to balance the experience, ability and
diversity needs of the Department in scheduling
the assignments and work of the Department.
These rights of the Department shall be applied in
a reasonable manner and officers' choices shall not
be unreasonably denied. Officers with less than
two years of seniority will be given the
opportunity to indicate their preferences. The
Union may designate an officer of the Union who
may be present when such balancing takes place
and who will be permitted to discuss and make
suggestions to the Department before the final
decisions are made concerning such balancing.
3.
Officers, who have been injured on duty or on sick

leave for more than thirty (30) days, shall not pick
at assignment pickings unless they can be expected
to return to work within thirty (30) days of the
effective date of the picking and present medical
documentation of their ability to return to full
15
duty. No Officer will be permitted to pick a

second time if such Officer picked under this
Article and failed to return to work. The Authority
shall make all reasonable attempts to place
Officers returning to duty after such extended
absence into the preferred assignment their
seniority would have permitted.
4.
Five (5) days notice of shift change will be given

except in emergencies and in the case of special
units. A change of two (2) hours or less is not
considered a shift change except where the change
is for the purpose of accommodating a court
appearance. If the five (5) day notice is not given,
the officer will receive time and one-half (1) pay
for time worked between the time of notice up to
the five (5) days.
ARTICLE IX
SHIFT TRADES
Officers may trade five (5) shifts and/or five (5) pairs
of days of a calendar year with another officer in the
16
same zone or squad with permission from their

immediate supervisor.
ARTICLE X
COMPENSATION
1.
Compensation at the officer's regular rate of pay

for all hours worked shall be paid weekly.
2.
Effective October 7, 2012, the top hourly wage

rate for patrol officers shall be increased by one
and one half percent (1.5%).
3.
Effective March 31, 2013, the top hourly wage rate

for patrol officers shall be increased by one
percent (1%).
4.

for patrol officers shall be increased by two and
one half percent (2.5%).
5.

for patrol officers shall be increased by three and
one half percent (3.5%).
17
6.

for patrol officers shall be increased by three
percent (3%).
a.
Signing Bonus. In lieu of an across the board

wage increase in the first year of this
agreement the Authority will pay to each
employee on the active payroll as of
ratification, a lump sum payment in the
amount of One Thousand Two Hundred and
Fifty Dollars ($1,250.00). The payment shall
not be included in the base, the regular rate for
overtime calculation purposes, or pensionable
earnings.
ARTICLE XI
LONGEVITY PAY
Effective December 31, 2000, longevity pay shall be
based upon Authority seniority as of January 1, and
shall be added to the hourly wage rate. Effective
October 7, 2012 the longevity schedule will be changed
as follows:
18
Years of Authority
Service
Longevity Pay
3 through 4
5 through 9
10 through 14
15 through 19
20 through 24
25 and over
$1,736
$3,056
$3,752
$4,290
$4,828
$5,077
Longevity pay will be subject to the general wage

increase
ARTICLE XII
MEAL ALLOWANCE
The officer shall receive a meal allowance of $5.50 for
scheduled or emergency overtime after the tenth (10th)
consecutive hour of work.
19
ARTICLE XIII
SHIFT ALLOWANCE
A four percent (4%) differential shall be paid to
officers working on shifts which have the majority of
hours between eleven (11) p.m. and seven (7) a.m. A
two percent (2%) differential shall be paid to officers
working on shifts which have a majority of hours
between three (3) p.m. and eleven (11) p.m.
ARTICLE XIV
SPECIAL UNIT PAY
Officers assigned to the K-9 unit shall continue to be
paid for one half-hour of grooming time on all days off.
The present practice of (1) having one half () hour off
the clock paid each day will be continued (2) as well as
the officer being reimbursed for dog food supplies and
other reasonable expenses.
20
ARTICLE XV
CLOTHING ALLOWANCE
1.
Officers will receive an annual clothing allowance

of seven hundred fifteen dollars ($715.00) in the
form of a lump sum payment payable by July 30 of
each calendar year for the purchase, replacement,
and repair of required uniforms and equipment. It
is the officer's responsibility to have the required
uniforms and equipment and to be appropriately
attired and equipped at all times.
Officers
assigned to special units other than Investigations
will be issued the equipment determined by the
Authority as required for that position.
(a) This allowance will increase as follows:
July 2013
July 2014
July 2015
2.
$720.00
$725.00
$730.00
In addition, effective with the July 2012, July

2013, July 2014 and July 2015 payments,
bargaining unit employees with less than three (3)
21
years of service will receive $180.00 in Equipment

and Clothing Maintenance Allowance. All other
employees will receive $50.00 in Equipment and
Clothing Maintenance Allowance.
3.
In addition, the Authority will replace ballistic

vests at the expiration of the manufacturer's
warranty or due to damage incurred in the line of
duty. Vests, which are stolen, lost, or damaged
due to the officer's negligence, will be replaced at
the officer's expense.
ARTICLE XVI
WORK IN HIGHER RANK
1.
Any officer who works in or fulfills the

responsibilities of a higher rank classification than
that to which normally assigned for more than four
(4) consecutive full work days shall receive the
rate of pay commensurate with the base salary of
the first step of such higher rank classification.
2.
No officer shall work in or fulfill the

responsibilities of a rank classification higher than
22
that to which he is normally assigned for a time

period longer than is reasonably necessary for the
Department to permanently fill such position of
higher rank classification.
ARTICLE XVII
HOLIDAYS
1.
The following are the twelve (12) holidays

normally observed during a year for which
permanent full-time officers will be paid:
New Year's Day
Martin Luther King Day
Police Memorial Day (May 15)
Good Friday
3 Personal Days*
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
23
*This holiday is to be taken at a time prearranged

and mutually convenient to the officer and the
officer's supervisor.
2.
The above non-asterisked holidays will be paid for

each of the holidays or, instead the day such
holiday is celebrated if celebrated on a day other
than such holiday.
3.
Any officer who works on any of the holidays

herein shall receive a holiday compensatory day
off with the permission of the officer's supervisor,
or an extra day's pay at their regular rate of pay, in
addition to their regular day's pay.
4.
Any officer who works on New Year's Day,

Independence Day, Thanksgiving Day, or
Christmas Day shall receive one and one-half (1)
times their regular rate of pay.
5.
Any officer on their regular day off or on vacation

on any of the holidays herein shall receive either a
holiday compensatory day off with the permission
of the officer's supervisor or eight (8) hours pay at
24
their regular rate of pay in addition to their regular

weekly pay.
6.
Under this section, every shift or work day for

which the majority of hours fall on the calendar
day of a holiday herein shall be considered to be
entirely on such holiday, and any employee who
works on such shift or work day shall receive pay
at the applicable holiday rate of pay for all hours
worked on such shift or work day.
7.
In order to qualify, an officer must fulfill the work

requirements on the officer's last scheduled work
day preceding the holiday, and the officer's first
scheduled work day following the holiday, except
if non-performance was because of any of the
following reasons: death in the immediate family;
absence with Management approval; authenticated
injury; or jury duty.
8.
If the officer is out of work due to illness or injury

the day prior and the day after the holiday, the
officer has the option to be granted the holiday,
which will enable the officer to retain one sick pay
and leave day. If an officer is on full sick pay, full
25
holiday pay will be paid; if the officer is on half

pay, half pay will be paid for the holiday.
9.
Any officer who has not incurred any lateness,

sickness, suspension, unpaid leave or injury-onduty (except during arrests) for a 365-day period
will be granted a personal day. Annual military
reserve duty shall not count against an officer for
eligibility for a personal day (perfect attendance
day).
10. Any officer scheduled to work on the day a

holiday is observed may be required to work or
may be given the day off in accordance with the
requirements of the Department.
ARTICLE XVIII
HOLIDAY COMPENSATORY DAYS
Officers may use holiday compensatory days upon
request to their immediate supervisor and subject to the
regulations for use of vacation days, but vacation
requests shall have precedence over requests for
holiday compensatory days. Officers shall receive
26
eight (8) hours pay at their regular rate of pay for all
compensatory days. Holiday compensatory days must
be taken by the end of the calendar year.
ARTICLE XIX
VACATIONS
1.
Vacations may be taken in accordance with quotas

established by the Authority based on the needs of
the Department.
2.
Vacation time is based on Authority seniority and

in those areas where work schedules permit,
officers may have the option to take one-half of
their vacation entitlement in days, as agreed by the
officer and the officer's supervisor.
3.
Vacation time may not be accrued, nor carried

over, and no pay allowances will be granted for
unused vacation except for a maximum of five (5)
days which may be carried over at the end of any
calendar year for up to ninety (90) days with the
permission of the Chief.
27
4.
Officers are entitled to ten (10) days paid vacation

after the completion of one full year of service.
5.
Vacation for more than one full year of service is

granted as follows:
In the Calendar Year
In Which the Officer
Completes:
5 years
13 years
23 years
Officer Entitled to
the Following
Vacation:
15 days
20 days
25 days
6.
In any year in which additional days are earned,

the additional days must be taken after the
anniversary date or in accordance with the
following paragraph.
7.
A new officer hired after September 30th is entitled

to take ten (10) days vacation as of the last pay
period in September of the following year in
accordance with the needs of the Department.
28
8.
Vacations will be picked in accordance with

bargaining unit seniority pursuant to the present
departmental policy.
9.
The Authority will continue its existing policy

concerning payment for accrued unused vacation
at the time of an officer's separation from the
Authority.
ARTICLE XX
BEREAVEMENT LEAVE
1.
If there is a death in an officer's immediate family

(spouse,
children,
parents,
stepparents,
grandparents, grandchildren, brothers, sisters,
father-in-law, or mother-in-law) the officer may be
granted up to five (5) consecutive calendar days
absence at full salary. If a person other than a
parent dies who was directly responsible for
raising the officer, the officer will be granted one
(1) day without loss of pay. The officer must
present proof of death when requested.
29
2.
If a death in the family occurs while the officer is

on vacation or out sick, no adjustment to vacation
or sick time will be made.
ARTICLE XXI
JURY DUTY
1.
An officer who receives notice to appear for jury

duty on a scheduled work day shall be granted
leave at the officer's regular rate of pay for the
calendar day of such duty, and shall pay the jury
fee to the Authority.
2.
Officers must notify their supervisor immediately

after becoming aware they have been notified to
appear for jury duty and whenever there is a
change in jury status.
3.
Officers who receive a notice to appear for jury

duty in Philadelphia may prepare a memorandum
requesting an excuse from jury duty based on the
officer's duties as a police officer in duplicate with
a copy of the notice to appear for jury duty
attached. The memorandum will be submitted to
30
the Deputy Chief who after signing it will forward

the original to the Jury Trial Commissioner.
ARTICLE XXII
COURT DUTY
1.
An officer will be paid for time lost for attendance

at court when required by the Authority on a
normally scheduled workday. Time spent in court
outside the regularly scheduled work hours on a
day of court appearance will be paid on an
overtime basis with minimum pay of two (2)
hours.
In addition, officers may, with the
discretion of and with the permission of their
immediate supervisor, report off-duty two (2)
hours before the regularly scheduled end of the
tour, with pay, or report for duty two (2) hours
after the regularly scheduled starting time, with
pay.
2.
In the event of an early dismissal, the officer must

call the officer's immediate supervisor who may
direct the officer to report for duty with no
31
additional pay for work performed during the

officer's regularly scheduled work hours.
3.
An officer required to attend court on a normally

scheduled day off will be paid at the rate of time
and one-half with a minimum of four (4) pay
hours.
4.
Any witness fees received for court appearances

on behalf of the Authority must be surrendered to
the Authority.
5.
It is the job and responsibility of an officer to

attend court.
The Authority will make a
reasonable effort to give an officer at least twentyfour (24) hours notice of court duty. If an officer
is given less than twenty-four (24) hours notice,
that fact will be taken into consideration in
determining the degree of discipline, if any, that
will be given to an officer who misses court.
6.
When the reason for an officer's attendance in

court involves non-Authority requirements,
unsatisfactory performance, or improper operation
of an Authority vehicle, the officer will be excused
32
only for time required to actually attend court and

will be expected to return to work immediately
thereafter. No pay will be granted for attending
court under these circumstances.
7.
Any officer who is required by subpoena to appear

as a witness in a criminal matter not resulting from
police action or duty, but by virtue of carrying out
Authority policy and/or on Authority property,
shall be granted leave at the officer's regular rate
of pay for the time necessary for such appearance.
8.
Any officer who is required by subpoena to appear

or in appearing on the officer's own behalf before a
court for private or personal matters shall be
granted leave without pay for the time necessary
for such appearance, but only if the officer has no
paid leave time available.
ARTICLE XXIII
SICK LEAVE
An absence from work due to sickness or injury, which

renders the officer unable to work, and which is
33
properly reported will be classed as sick leave. Five

(5) days of sick leave will be accrued for each month of
service. For purposes of this section, working a
majority of scheduled workdays in a calendar month
with pay shall constitute a calendar month of service.
Sick leave will not accrue during a period of sickness.
To determine the amount of sick leave available to an
officer, each absence will be added to the previous
absences and the total days of absence will be deducted
from the officer's allowable sick leave. Sick leave is on
the basis of calendar rather than scheduled workdays.
An officer whose absence due to illness exceeds the
amount of sick leave to which the officer is entitled
will be dropped automatically from Authority service.
Time lost by an officer due to injuries compensable
under Workmen's Compensation laws will not be
charged against sick leave.
ARTICLE XXIV
SICK PAY
1.
Sick pay is payable to an officer who is absent

from work by reason of sickness or injury which is
non-work connected and not compensable under
34
the
Workmen's
Compensation
laws
of
Pennsylvania. Sick pay is payable only to an
officer who has sufficient sick leave to be retained
in the service of the Authority. Officers who have
completed their probationary period shall earn sick
pay at one hundred percent (100%) of their straight
time pay at the rate of one (1) day per each month
of service. For purposes of this section, working a
majority of scheduled workdays in a calendar
month with pay shall constitute a calendar month
of service. Sick pay will not accrue during a
period of sickness. Unused sick pay may be
accrued up to two hundred (200) days.
2.
Sick pay will be granted to an officer who notifies

the Department at least one-half () hour before
the start of the officer's scheduled workday. The
Authority may require written certification of a
physician or other proof of illness or injury in
order for the officer to receive sick pay for
absences of more than three (3) days or if an
officer has two (2) or more than two (2) day
absences in a thirty (30) day period. Officers who
have been on sick leave also may be required to be
examined by the Authority's designated physician.
35
Officers will be eligible for sick pay on the first

(1st) day of absence for each period of absence
except as otherwise provided in the Authority's
No-Fault Absentee Attendance Point Program.
Any sick benefits, which are paid to an officer as
the result of an accident or injury, will be
subrogated to the Authority from any third party
source. No sick pay will be paid to an officer who
is injured while performing work for an employer
other than the Authority.
ARTICLE XXV
WORKERS COMPENSATION & INJURED ON
DUTY
1.
Officer who are injured in the course of their

duties shall be compensated in accordance with the
Workers'
Compensation
laws
of
the
Commonwealth of Pennsylvania except that
officers injured as set forth below shall so long as
they use the Authority-designed network of
doctors and medical providers, in addition to
Workmen's Compensation, receive an additional
check from the Authority which shall make up the
36
difference between Workmen's Compensation and

their full straight time rate of pay and will be
covered under the terms of Article XXXVIII of
this Agreement until capable of returning to work
or for up to two years, whichever is less:
(a) Apprehending, arresting, or attempting to
apprehend or arrest anyone for crime or
suspicion of crime against SEPTA, its
employees, passengers, or others utilizing
property under SEPTA control.
(b) Aiding, assisting, or attempting to aid or assist
any SEPTA employee, passengers, or others
utilizing property under SEPTA control, when
in distress, danger, or general need of
assistance.
(c) Injured in any manner considered above or
beyond their scope or area of duty and under
conditions where it would reasonably be
expected that a police response was warranted
such as an officer becoming involved in a
serious crime in progress as a robbery,
burglary, or aggravated assault.
37
(d) Injured during the course of duty as a result of

the negligent, careless, or malicious action of
other parties.
(e) Not included are injuries incurred during the
course of normal duty resulting from the
neglect, carelessness, or inattention of the
injured officer.
2.
In the event the Authority disputes a Workers'

Compensation claim filed by an officer, such
officer shall be paid all sick benefits to which the
officer is otherwise entitled under this Agreement.
In the event the Workers' Compensation claim is
upheld, the sick benefits paid to the officer under
this paragraph will be deducted from the Workers'
Compensation benefits payments.
3.
Officers who are unable to return to work after a

two year period will be dropped from the rolls of
the Authority and will be eligible for recall if they
become medically qualified. When an officer is
recalled to active employment his/her benefits and
38
seniority will be reinstated upon return to active

employment.
ARTICLE XXVI
LONG TERM DISABILITY
1.
Officers who have one (1) or more years of service

and are totally disabled shall be required to apply
for long term disability payments to commence
after the officer exhausts all paid time available or
ninety (90) days of disability, whichever is longer.
Total disability or totally disabled means during
the elimination period and the next 24 months of
disability the officer is:
2.
Unable to perform all of the material and

substantial duties of the officer's occupation on a
full-time basis because of a disability;
a.
b.
caused by injury or sickness;

that started while the officer is insured under
this plan; and
39
3.
After 24 months of benefits have been paid, the

officer is unable to perform all of the material and
substantial duties of the officer's own or any other
occupation for which the officer is or becomes
reasonably fitted by training, education,
experience, and physical and mental capacity.
4.
Such benefits if granted will be at sixty percent

(60%) of straight time base pay up to a maximum
of $3000 per month up to age 65. Officers
applying for such benefits must also apply for
Social Security disability and any payments from
Social Security or Workmen's Compensation
payments will be an offset to Long Term
Disability payments.
Such payments are
conditioned on the officer's disability preventing
the officer from performing the duties of the
officer's position for two (2) years and after two
(2) years being unable to perform the duties of any
position. Sick leave will be deducted for all
periods paid as long term disability. This benefit
is subject to the other conditions set forth in the
Authority's present Long Term Disability policy
and will cease within sixty (60) days after the
40
determination is made that the officer is entitled to

a disability pension.
ARTICLE XXVII
PERSONAL LEAVE
1.
The Authority may grant an unpaid leave of

absence, which is not covered by the Authority's
Policies on the Family and Medical Leave Act and
Maternity with continuity of Authority service and
without loss of benefits, not to exceed 30 days to
officers so requesting. Requests for leave of
absence must be made in writing outlining reasons
for such request, and be directed to the officer's
immediate supervisor. No leave of absence will be
granted for the purpose of seeking employment
elsewhere, engaging in private business or for
other reasons not in SEPTA's best interest. In no
case will such a leave be granted if it is necessary
to provide a replacement or pay overtime to
perform work normally done by the person on
leave.
41
2.
Each request for leave of absence will be reviewed

on an individual basis and will not be granted
unless approved by the Department and the Labor
Relations Department.
ARTICLE XXVIII
FAMILY AND MATERNITY LEAVES
Family and maternity leaves shall be granted as

required by law and as provided by Authority policy. A
pregnant employee will be considered for a light duty
position, if any exists, pursuant to the modified duty
program and will not be subject to paragraph 3 of the
August 9, 1995 implementation letter. The decision
when to be placed into such light duty position will be
granted by the Authority's Medical Department in
conjunction with the officer's treating physician.
ARTICLE XXIX
MILITARY LEAVE
1.
An officer who is ordered to attend annual

encampments or courses for training or riot duty or
for temporary active service in the Armed Forces,
42
Armed Forces Reserves, State or National Guard

will be granted a leave of absence for the period of
such duty and will be paid a military training
allowance for a period of up to the first 15 working
days (not necessarily consecutive) in any calendar
year. There is no pay for regular scheduled days
off. The military training allowance shall be an
amount, which will equal the officer's regular
straight time rate exclusive of overtime for hours
lost because of such service.
2.
To qualify for military training allowance, the

officer is required to present a copy of the orders
to training duty to the Authority as far in advance
as possible. The officer's Department Head will
prepare the necessary leave of absence forms.
3.
An officer may take vacation concurrently with

military leave or at a time other than the time of
military leave.
43
ARTICLE XXX
UNION LEAVE
One officer who is serving as an elected official of the
Union shall, upon written application to the
Department, be granted a leave of absence, without
pay, up to the length of the term of such elected office
with continuation of seniority. Such officer may
continue Authority medical benefits by paying for them
at a group rate.
ARTICLE XXXI
GRIEVANCE PROCEDURE
1.
A grievance shall be defined as any difference

between the parties regarding the interpretation or
application of any of the provisions of the
Agreement or an oral or written reprimand,
suspension, or discharge or other discipline. Such
difference shall be treated as a grievance and an
earnest effort shall be made to settle such
difference immediately through the following
procedure:
44
Step One: Within fourteen (14) calendar days

after the occurrence of an event upon which a
grievance is based, or within fourteen (14)
calendar days after the grievant reasonably would
have knowledge of such an event, the grievance
shall be presented in writing by the employee or
the Union to the Department. The following
information must be stated with reasonable
clearness: The exact nature of the grievance,
including the act or acts complained of, and when
they occurred; the names of the persons involved;
the identity of the employee or employees who
claim to be aggrieved; the Section(s) of this
Agreement which the employee or employees
claim the Authority has violated, if any, and the
remedy they seek. This information requirement
shall not prevent either the Union or the Authority
from providing corrections or modifications to the
information or answers thereto during the
grievance procedure. At any hearing with the
employee to consider the grievance, the employee
may have present a representative of the Union. A
designee of the Chief holding the rank of
Lieutenant or higher shall hold a hearing with the
union representative and it shall be held promptly
45
(within fourteen (14) calendar days) at the police

administration offices or such other place as may
be mutually agreed and at such a time as shall be
convenient. In discipline cases, the designee of the
Chief will not be the supervisor who disciplined
the officer. The Authority will notify the grievant
and the Union (which shall advise also the
grievant) of the time and date of such hearing.
The Department or the union representative may
require the attendance of the aggrieved officer at
such hearing in order that the officer may be
interviewed and may present facts and/or evidence
concerning facts pertinent to the grievance.
2.
Not later than the fourteenth (14th) calendar day

following such hearing, the Department shall give
its answer stating its disposition of the matter.
Step Two: If the Department's disposition of the
matter is not satisfactory to the Union or if no
answer from the Department is received within the
specified time limits, it may be referred to the
second step of the grievance procedure by the
designated representative of the Union giving
notice by certified mail to the Authority's Chief
46
Labor Relations Officer or designee or by hand

delivery if a receipt is obtained and signed for by
the Union Vice President or designee and the said
Authority Chief Labor Relations Officer or
designee which is dated and time stamped. Such
second step must be taken not later than the
fourteenth (14th) calendar day following the receipt
of the answer of the Department or designated
representative of the Union.
3.
A second step hearing must be heard within

fourteen (14) calendar days from the date the
Union gives notice to the Authoritys Chief Labor
Relations Officer that the matter is being referred
to the second step in the grievance process.
Grievances that are to be discussed must be
properly appealed at least five (5) working days
before the hearing day. Either party shall have the
right to call a special hearing to discuss emergency
matters.
4.
Not later than the fourteenth (14th) calendar day

following such second step hearing, the Authority
shall give its answer stating its disposition of the
matter.
47
5.
At all steps of the grievance procedure, grievances

will be presented and appealed in writing and
answered in writing.
6.
No officer or representative of the Union shall

leave his work or fail to appear for his work for the
purpose of presenting any grievance or in
connection with the handling of any grievance
without first having obtained the consent of his
immediate superior.
7.
In any case where an officer has been discharged,

the hearing at the second step will not be held until
he shall have turned in to the Authority all
property of the Authority theretofore delivered to
him, presently as set forth in Appendix A attached
hereto, and until he shall have settled all accounts
with the Authority.
8.
Once a grievance has been presented by any Union

representative and disposed of through the
prescribed grievance machinery, the same subject
matter shall not again be presented for
reconsideration as a grievance by any other union
representative.
48
9.
Only one union representative attending grievance

hearings during his/her regularly scheduled work
hours shall be paid (straight time only) for the time
spent at such hearings.
10. Grievances initiated by the Authority shall be

commenced at Step Two.
11. This grievance procedure is the only procedure
available for officers of the police department.
12. It is agreed that failure to take a grievance to the
next higher step of the grievance procedure or to
arbitration within the time limits specified shall be
construed as meaning that the grievance was
settled at the preceding step of the grievance
procedure.
13. The time limits set forth in the grievance and
arbitration procedures may be extended in a
particular instance by mutual agreement of the
Authority and the Union confirmed in writing.
14. One Union representative shall be paid at the
regular rate of pay for attendance at any hearing
49
set forth herein when such hearing is held during

the respective work day.
ARTICLE XXXII
ARBITRATION
1.
Within thirty (30) calendar days of receipt of the

second step reply, the Union or the Authority may
refer the grievance in writing to the American
Arbitration Association. The Arbitrator shall be
selected from a panel of four arbitrators, two
selected by the Union and two selected by the
Authority. Each Arbitrator will designate one day
per month in which he/she will hear FOTP-Septa
cases. All cases filed to arbitration will be
assigned to the next available date of an arbitrator
on the permanent panel.
2.
Effective 12 months from the creation of the

permanent panel and every 12 months thereafter,
each party may choose to strike an arbitrator from
the permanent panel. If this is done, the nonstriking party will choose the replacement
arbitrator for the panel.
50
3.
The decision of the arbitrator, including questions

of procedural arbitrability, shall be final and
binding upon the Authority, the Union, and all
employees under this agreement.
4.
The arbitrator shall conduct such hearings as may

be necessary and, at the request of either party,
cause a transcript of the testimony to be taken.
The hearings shall be held at such times and places
and in such manner as shall be mutually agreeable
or, if agreement thereon cannot be reached, as
shall be designated by the arbitrator.
5.
The authority of the arbitrator and the arbitrator's

decision shall be limited exclusively to the specific
provision(s) of this agreement at issue, and the
arbitrator shall have no authority to add to,
subtract from, or in any way alter, amend, or
repeal any provision of this agreement, or to fix or
change any rate or rates of pay or rule on other
issues which are properly matters for contract
negotiations and no such decision shall have any
effect. The decision shall be in writing and shall
set forth the findings and the reasons for the
decision. In any case where the matter in dispute
51
involves the question of theft by an officer or an

officer having been under the influence of
intoxicants and/or drugs, or a positive body fluid
test for drugs and/or intoxicants, or of a refusal to
obey a lawful direct order of a superior, the only
question which shall be determined shall be with
respect to the theft, having been under the
influence, or the refusal to obey a lawful direct
order, or positive body fluid test for drugs and/or
intoxicants, as the case may be, and if it is
determined that in fact there was theft or such
influence or the positive body fluid test or a refusal
to obey a lawful direct order, then the action of the
Authority based thereon shall be sustained.
6.
An officer charged with an infraction of the

Authority's rules or regulations, improper conduct,
or dereliction of duty will be notified of the charge
and will have an interview by his immediate
superior before he is barred from reporting to
work, except as provided below. An officer who
is so notified and does not show up for the
interview will be barred from reporting for work
on the workday succeeding the days he is so
notified unless the officer has had such interview.
52
An officer charged with theft, being under the

influence of drugs or intoxicants, a positive body
fluid test for drugs or intoxicants, refusal to obey a
lawful direct order of a superior, refusal or failure
to perform assigned work, or a felony or
misdemeanor, may be suspended or immediately
barred from reporting for work.
7.
The compensation of the arbitrator and the

payments of charges of the American Arbitration
Association shall be borne equally by the parties.
8.
Any award of back wages shall be limited to the

amount of wages the employee would otherwise
have earned from his employment with the
Authority during the periods as above defined, less
any unemployment or other compensation for
personal services that he may have received from
any source during the period.
9.
No arbitrator may make any award, which in effect

gives the grievant, the Union, or the Authority
anything, he or it bargained for, but failed to get
during negotiation.
53
10. In cases of postponement, the party requesting the

postponement will pay the arbitrator's charges, if
any.
ARTICLE XXXIII
OFFICER'S RIGHTS
1.
Officers shall have no disciplinary action taken

against them without just cause for such action.
2.
The burden of proof of any charge, complaint, act,

or omission, which may lead to disciplinary action,
shall be on the Authority.
3.
An officer shall have the right to have

representation by the Union during any
investigative interview at which the officer is
present and which might result in disciplinary
action against the officer in order to counsel such
officer regarding his/her contractual rights. Any
such investigative interview shall be suspended for
a reasonable length of time (no longer than 24
hours) to allow an officer to acquire
representation. Officers shall be informed of the
54
allegations against them and the nature of the

interview prior to the start of any such
investigative interview.
4.
Officers shall have the right to answer any

allegation or complaint during any such
investigative interview, and no disciplinary action,
except as provided elsewhere in this Agreement,
shall be imposed without first giving the officer
the opportunity to give such answer. This does not
require the officer to give an answer in a noninternal affair investigation.
5.
In a non-internal affairs disciplinary action or an

internal affairs action which has been grieved, the
Union will be provided at its request with the
available disciplinary paperwork being relied on
by the Authority to support its disciplinary action
against the officer by the start of the second step
grievance procedure hearing.
6.
Internal affairs interviews and investigations shall

be conducted in accordance with Departmental
directives and in such cases:
55
a.
The Authority shall, upon request, provide

officers and their representatives with an
opportunity to review any charges, statements,
transcripts, investigative report, affidavits, or
other evidence, which the Authority uses
against the officer in support of any
disciplinary action against the officer.
b.
The officer under investigation shall be

informed, as soon as reasonably feasible, of
the rank, name, and command of the officer in
charge of the investigation, the interrogating
officer, and all persons present or to be
present during the investigation.
c.
Officers and their representatives shall not

have the right to take notes during any
investigative interview but may review the
transcript of the interview made by the
Authority.
An officer subject to an
investigation shall receive in writing the
findings and disposition of the investigation
no more than fourteen (14) calendar days after
its completion.
56
d.
The officer under interrogation shall not be

subject to offensive language or threatened
with transfer, dismissal, or disciplinary action.
No promise or reward shall be made as an
inducement to answering any questions. An
interrogation of an officer, wherever feasible,
shall be recorded, and there shall be no
unrecorded questions or statements and the
officer shall be afforded a copy of the
interrogation within five working days after its
completion. The interrogation or interview
shall be limited in scope to activities,
circumstances, events, conduct or acts which
pertain to the subject of the investigation.
e.
An officer shall not be charged with any

violation for refusal to participate in an
investigative meeting unless previously
advised that such refusal may be the basis for
such a charge.
f.
Any investigative meeting shall be conducted

at a reasonable time and during the subject
officer's regular work hours when possible.
57
7.
g.
No officer shall be required to take any lie

detector or other truth detecting test, except as
permitted by law as a condition of the
investigation, interview, interrogation or of
continued employment.
h.
No officer shall receive disciplinary action

based upon an uncorroborated anonymous
charge or complaint.
i.
A record of an internal investigation or

complaint, which does not result in
disciplinary action, shall not be placed in an
officer's personnel file.
j.
Internal investigations of officers shall be

completed within sixty (60) days of the date of
the complaint unless the officer will be
criminally charged. Extensions to the sixty
(60) day period may be granted by the Chief
or his designee with a copy to the officer.
Non-internal affairs investigations of officers

normally shall be started within fourteen (14)
calendar days after the Authority knows of the
58
incident to be investigated. An officer being

investigated normally shall be charged within
twenty-one (21) calendar days after the start of the
investigation unless a request to extend the time is
agreed to by the Authority and the Union.
8.
No disciplinary action shall be added to an

officer's personnel file unless the officer has
received a copy. The officer may submit a written
response to such action.
9.
An officer's personnel file shall be cleared upon

request by the officer of any reprimand or warning
notice when there is no reprimand or warning
notice in such file which occurred less than
eighteen (18) months prior to the request.
10. The time limitation for the filing of a grievance

will start when the officer is notified that the
officer is being disciplined.
59
ARTICLE XXXIV
NO STRIKE - NO LOCKOUT
1.
For the duration of this Agreement, the Union, its

officers, agents, representatives, and members
shall not in any way, directly or indirectly
authorize, cause, assist, encourage, participate in,
ratify or condone any strike, sit-down, sit-in, slowdown, sympathy strike, cessation or stoppage of
work, boycott, picketing, or other interference with
or interruption of work at any of SEPTA's
operations or the operations of any group of
SEPTA.
2.
The Union representatives shall use every

reasonable effort to terminate the strike, sit-down,
sit-in, slow-down, sympathy strike, cessation or
stoppage of work, boycott, picketing, or other
interference with or interruption of work at any of
SEPTA's operations or the operations of any group
of SEPTA.
60
ARTICLE XXXV
AUTHORITY RIGHTS
All management rights and responsibilities which the
Authority has not expressly modified or restricted by a
specific provision of this Agreement are retained and
vested exclusively in the Authority, including, but not
limited to, the right to establish and administer policies,
procedures and standards of services, education,
training, operations, services and maintenance of the
Authority to determine Authority financial, budgetary,
accounting and organizational policies and procedures;
to utilize technology; to direct the work force; to
reprimand, suspend, discharge, or otherwise discipline
employees for cause, to hire, promote, demote,
transfer, layoff and recall employees to work; to
determine the number of employees and the duties to
be performed; to contract out; to maintain the
efficiency of employees; to establish, expand, reduce,
alter, combine, or consolidate, or abolish any operation
or service; to determine staffing patterns and areas
worked to establish and change work schedules and
work standards; to require employees to work
overtime; to control and regulate the use of facilities,
61
supplies, equipment and other property of the

Authority; to determine the number, location, and
operation of the Authority, the assignment of work, the
qualifications required, and the size and composition of
the work force; to make or change Authority rules,
regulations, policies and practices, and otherwise
generally to manage the Authority, so as to attain and
maintain full operating efficiency. The provisions of
this Article will not be used to discriminate against the
exercise of any rights afforded to an officer by this
Agreement.
ARTICLE XXXVI
PENSION
1.
Effective July 1, 1994, the pension plan will

permit a normal retirement age at 50 with 25 years
of service. The Authority appointment date is
used for the determination of years of service for
pension purposes.
2.
All officers will contribute 3.85% of pay weekly

by payroll deduction toward the cost of
maintaining the pension plan. Vesting will occur
62
after five (5) years of service and the pension

benefit will be prorated for service of more than
five (5) and less than twenty-five (25) years of
service. The officer shall be entitled to vest the
officer's retirement benefits by filing with the Fund
ninety days prior to the date the officer would have
eligible to retire if the officer had continued to be
employed as a police officer. The officer shall be
paid a partial retirement allowance determined by
applying the percentage of the officer's actual
years of service to the years of service which the
officer would have rendered had the officer
continued to work until his retirement date; and the
final average salary earned during the last three (3)
years prior to his termination of employment.
3.
The pension benefit will be equal to fifty-three and

one half percent (53 1/2%) of the officer's final
average earnings over the last three (3) years of
service preceding retirement.
4.
Additional pension in the amount of $1,200 will be

paid if the officer retires with years of service in
excess of twenty-five (25).
63
5.
Officers will be entitled to a disability pension

which is payable at age 50. They will accrue
service credit at age 50. Officers may not receive
both Long Term Disability and a disability
pension.
6.
An officer leaving the service of the Authority

prior to the date of being vested at five (5) years
shall be entitled upon request to have refunded to
the officer or the officer's beneficiary if deceased,
out of the Fund an amount equal to the officer's
total contribution to the Fund together with interest
computed at the rate of four percent (4%)
compounded annually.
7.
Subject to legal and budgetary constraints it is the

intention of the Authority to fund the pension plan
for its officers as determined by its actuaries.
8.
Members of the department will receive detailed

pension statements annually.
9.
The Union shall be entitled to designate one (1)

person who shall serve as a non-voting member on
the Authority's Pension Committee of the Board.
64
10. The SEPTA Pension Plan for Certain Bargaining

Employees will be amended as it applies to the
transit police. The amendment will add to the
provisions on survivors benefits a new subsection,
applicable to those members of the Fraternal Order
of Transit police employed by SEPTA who are
killed in the line of duty. If the police officer is
survived by a spouse, the spouse will be entitled to
a benefit payable for the life of the spouse. The
benefit will be determined based on the years of
service and compensation of the police officer at
the time of death, as benefits are currently
calculated under the plan, with two changes: the
police officer will be assumed to have attained
normal retirement age at the time of death, and the
benefit will be payable immediately to the
surviving spouse, with no reduction for early
commencement.
ARTICLE XXXVII
BADGE UPON RETIREMENT
Upon retirement, pursuant to the pension plan,
each officer shall receive a new badge indicating
65
the officers status as a retired Police Officer. It

will be ordered and purchased by the Authority.
The order will be placed as soon as
administratively feasible and will be presented to
the officer upon receipt.
ARTICLE XXXVIII
HEALTH AND WELFARE BENEFITS
1.
Effective July 1, 2003, current employees will not

enter the traditional indemnity medical plan
(indemnity plan), but will select one of the
Preferred Provider Organization (PPO) plans or
Health Maintenance Organization (HMO) plans
offered by the Authority. Employees who elect to
remain in the indemnity plan will be required to
pay the difference between the cost of that plan
and the PPO plan. All other employees will
continue to have fully paid coverage provided by
the Authority at the applicable dependent status
tier (e.g., single, husband/wife, family, etc.).
2.
Effective upon ratification (or as soon as

administratively feasible), Article XXXVIII will
66
be amended to reflect that the PPO Plan shall be

the 10/20/70 Plan with the following
modifications: Emergency room co-payment of
$100, waived if admitted; removal of all $75 copayments; physical, speech and occupational
therapist services, $20 co-payment for visits 1-30,
$30 co-payment for visits 31-60 (per calendar
year); and chiropractic visits limited to 20 (per
calendar year). The HMO Plan shall be Keystone
5.
3.
Effective June 26, 2003 all new hires will only be

eligible to apply for coverage under the HMO plan
pursuant to the terms of this Article.
4.
Officers hired on or after July 1, 1997 will become

eligible for medical coverage on the first day of the
month following their date of hire.
5.
The contribution rate will be one percent (1%) of

forty (40) hours at the employees hourly wage
rate as set forth in the Wage Rate manual on a
weekly basis by payroll deduction, effective upon
ratification by the parties. Until such ratification,
the existing 30% contractual contribution rates will
67
continue.
For employees paying the 30%
contractual contribution rates upon such
ratification, the contribution rates will revert to the
one percent (1%) rate.
6.
Employees on leave of absence without pay shall

be required to make their normal contribution of
1% of forty (40) hours at the employees hourly
wage rate as set forth in the Wage Rate manual on
a weekly basis. If such contributions are not
made, the Authority shall cancel their medical
coverage
7.
The duration of post-retirement medical coverage

will be 36 months for retirees in the PPO plan and
50 months for retirees in the HMO plan.
8.
All covered plans will be amended to comply with

the Federal Health Insurance Portability and
Accountability Act and the Mental Health Parity
Act.
9.
Effective January 1, 2001, employees will be able

to opt-out of medical coverage if they have
68
alternative coverage. The opt-out payment will be

equal to one-third of the cost for the employees
applicable HMO dependent status tier.
10. A one time cash payment of $1,000.00 will be
offered to employees currently enrolled in the
Personal Choice or Traditional Blue Cross Plans
who switch to Keystone HMO by October 31,
2008. Employees who switch to this plan shall
remain in the HMO plan for the balance of their
service with the Authority.
11. In the event that national health care reform
legislation results in expenditures by the Authority
in excess of the negotiated health care rates with
its carriers/vendors, the Parties agree to meet to
discuss strategies for addressing such changes to
maintain the existing cost structure of these
benefits.
12. Officers and their families will become eligible for
prescription, dental, and vision plans the first day
of the month following completion from the police
academy (10 months from date of hire). Presently
these plans are:
69
(a) Prescription Benefits: Will be amended to

implement a three-tier formulary program for
prescription benefits with retail co-payments
of: $5 Generic / $10 Preferred Brand / $20
Non-Preferred
Brand.
Mail
Order
prescriptions will have the same co-payments
as retail.
A specialty pharmacy benefit
program will be implemented through the
pharmacy
benefits
manager
(Biocare
Solutions or a comparable program).
Unless the prescribing physician orders no generic
substitution by completing a form provided by the
vendor explaining the medical necessity, the employee
will pay the full cost of the brand-named prescription.
In the event the prescribing physician orders no generic
substitution, or no generic substitution exists, a form
will be exchanged between the pharmacist and the
physician. Another completed form will not be
required for refills, but is required if the physician represcribes after a prescription runs out.
The
prescription plan will have new cost containment
features.
A pharmacy intervention program will
encourage members to utilize less costly generic drug
equivalents and preferred brand name drugs. In
70
addition to pharmacy intervention feature, the

following health management and/or cost containment
features will be implemented as soon as
administratively feasible for the active and retiree
plans.
Medcos Optimal Health Program, or a

substantially similar program offered by the
PBM administering the Authoritys
prescription program, to provide care support
for plan members with chronic conditions.
Medcos Rational Med Program, or a

substantially similar program offered by the
PBM administering the Authoritys
prescription program, to provide alerts when
plan member prescriptions pose health or
safety risks to the patient.
Medcos Zero Co-Pay Program for Generic

Drugs, or a substantially similar program
offered by the PBM administering the
Authority prescription program, to encourage
members to utilize generics.
71
Also, a ten-pill per month limit will be

imposed on the use of Viagra.
The parties agree that, notwithstanding the ten
(10) pill per month limitation on erectile
dysfunction drugs (e.g. Viagra, Cialis, Levitra,
etc.) contained in the parties agreement, the
prescription program will cover daily doses of
these drugs to the extent their monthly cost
does not exceed the monthly cost of the ten
(10) pill prescription.
Employees who retire after June 29, 2008, and
his or her eligible dependents will be eligible
for prescription coverage until the employee
reaches Medicare enrollment age
(b) The current Dental Plan benefits.
(c) The current Vision Plan benefits.
13. The Authority will provide the current level of
benefits, no less than the current degree of
employee choice, and current arrangements as to
out of pocket expenses. The Union agrees to
turn to the same cafeteria plan under the same
72
conditions, which is offered to management

employees at SEPTA. The Union also agrees to
adopt the recommendations of the CTD Health
Benefit and Cost Containment Committee with
regards to hospitalization, prescription, dental, and
vision benefits.
14. Life insurance in an amount equal to two times the
officers annual salary with a maximum of
$100,000 shall be provided with the current
contribution of two dollars ($2.00) per month.
15. All employees who retire on or after ratification of
this agreement will be eligible for group life
insurance of ten thousand dollars (10,000.00).
16. The beneficiary of an officer killed in the line of
duty shall be entitled to an additional five hundred
thousand dollars ($500,000) of insurance benefits.
In addition, the officers spouse and eligible
dependent children shall be entitled to medical and
prescription benefits until the spouse reaches the
age of 65 or remarries. The level of benefits will
be equal to those offered to then current active
officers.
73
ARTICLE XXXIX
COMMITTEES
The Authority and the Union hereby establish a Safety
and Productivity Committee.
The committee shall be comprised of six members,
three to be appointed by the Chief of Police and three
by the Union. The members appointed by the Chief of
Police shall be sufficient rank to represent the
Department and authoritatively address the subject
matter of the committee. One of the persons appointed
by the Chief of Police may be a Labor Relations
Department representative.
The committee shall meet not less than once every two
months, but may meet more often as necessary. The
committee shall discuss and consider topics raised by
its members.
Committee members shall be paid at their straight time
rate of pay for attendance at committee meetings.
74
The objectives of the Joint Safety and Productivity

Committee are to cooperate in working toward
achieving as promptly as possible the most efficient
and economical utilization of work forces and facilities
and to achieve significantly higher productivity in the
Authority's operations. It is recognized that such
desired productivity depends in great part on the
fairness and effectiveness of supervision, equipment
for employees, and the good faith cooperation by the
officers and their Union Representatives with the
representatives of the Authority in the attainment of
this essential goal. The Committee and each member
thereof are charged with the responsibility of positively
and cooperatively advising management concerning
ways and means of improving safety and productivity.
Representatives should endeavor to identify those
problems adversely affecting safety and productivity
and address themselves to the solution of those
problems in order of priority. Solution will be sought
which will advance the objectives set forth above. The
Committee will endeavor to make positive
recommendations concerning these objectives.
Seven (7) days prior to the meetings, the Union and the
Authority shall provide a written agenda or list of items
75
to be discussed at the meeting. The chairperson shall

cause a record to be kept of the minutes of each
meeting, and copies of the minutes shall be distributed
to all members of the committee and to the Chief and
his Deputy in a timely manner. The minutes as
reported will address the items submitted and discussed
by the parties at the meeting. Concurring or dissenting
reports may be appended to the minutes.
The establishment of the Committee shall not affect the
existing rights of either party under other provisions of
this agreement and shall assist, rather than in any way
limit, the Authority's right to direct the work force.
No committee meeting or report under this section
shall substitute for, act, replace, or act as collective
bargaining under the Public Employee Relations Act,
No. 195, or modify or amend any provision of this
agreement.
ARTICLE XL
BULLETIN BOARDS
The Authority agrees to provide suitable enclosed
bulletin boards at each of the principal places of the
76
Authority at which groups of officers are required to

report on which bulletin boards the Union may neatly
post notices relating to Union matters provided such
notices are first submitted to the Department's
designated representative for approval which shall not
be unreasonably withheld. Such notices shall be
restricted to notices and minutes of meetings and
elections of the Union, of Union appointments to office
and the results of its elections, and of Union social,
educational, or recreational affairs and any
information, award, case, law or legal matter which
may be beneficial to educate the membership; and no
such notice shall contain anything political,
controversial or argumentative, or reflecting upon the
Authority, or any of its officers or any organization
thereof. If the Authority's designated representative
refuses to approve a Union notice, that refusal may be
immediately referred to the Deputy Chief for
resolution.
77
ARTICLE XLI
SAFETY AND HEALTH
The Authority agrees to make reasonable provisions for
the health and safety of its officers while at work, to
abide by applicable Federal and State laws and to make
available such protective equipment as required by
such laws.
ARTICLE XLII
CLOTHING AND EQUIPMENT
1.
The Authority shall issue newly appointed officers

the following minimum uniform clothing and
equipment: four summer shirts with patches, four
winter shirts with patches, two ties, four pairs of
all-season pants, one summer hat, one winter hat,
one pair shoes, sweater with patches, winter patrol
jacket with patches, winter sweater, leather gloves,
raincoat with hood, handcuffs with case, flashlight
with holder, OC spray with holder, baton with
loop, double magazine pouch, duty weapon with
full compliment of rounds, a copy of the directives
78
applicable to police operation, and a copy of this

Agreement.
2.
Any required change in uniform clothing, which

affects the entire department, shall be at the
expense of the Department.
ARTICLE XLIII
TRAINING
1.
All officers shall receive pay at their regular rate of

pay for all training. Any employee scheduled for
training during vacation or leave, shall, upon
written request to the Department, outlining the
reason for such request, be rescheduled to an
appropriate time.
2.
All officers shall receive from the Authority the

basic in-service training required by Acts 120 and
180.
3.
Any officer who fails any training shall be

afforded an additional opportunity to qualify. If
79
the officer fails a second time, the officer will be

treated in accordance with departmental policy.
4.
Officers assigned to the training unit will not be

denied the ability to work their normal tour of duty
on any holiday contained within this agreement,
provided however, the holiday does not fall on
their normal day-off and they work in uniform
patrol in a location determined by the Authority.
5.
Mentoring Program:
Effective six months
following the ratification of this agreement, the
Authority shall create a mentoring program for
new police officers. Individual Officers will be
assigned as a mentor to a new officer for three
months following his/her graduation from the
Police Academy. Officers assigned as a mentor
shall be paid an additional $1.00 an hour for all
hours worked during the three month period.
80
ARTICLE XLIV
ACCESS TO PERSONNEL FILES
1.
Upon a written request from an employee, the

Authority shall make available those records,
which an employee is entitled to inspect under the
provisions of the State Statute covering such
rights. Access shall be provided as frequently as
State Statute permits, or when something is added
to the record.
2.
The inspection shall take place during regular

business hours and on the employee's own time.
3.
The parties shall be governed by the terms of the

Act of November 6, 1978, P.L. 1212, No. 286; 43
P.S. 1321 except as inconsistent with this
Agreement.
4.
In the event that any officer's personnel file or its

contents, is subpoenaed by any person, the officer
and the Union shall receive prompt notice thereof
from the Department.
81
5.
The officer's personnel file is confidential and

information shall not be disclosed to nonAuthority persons except if authorized by the
officer or required by court order or subpoena.
ARTICLE XLV
DIRECT DEPOSIT
The Authority shall provide direct deposit of an

officer's pay, each pay period, to any bank or financial
institution which is capable of handling direct deposit,
for officers who request such in writing.
ARTICLE XLVI
CHANGE IN PERSONAL STATUS
1.
To assure that an officer is paid correctly, that

proper deductions are reflected, and that the
benefits include all eligible dependents and
beneficiaries, officers must notify their supervisor
or Department, and the Union office concerning
any of the following changes in personal status:
!
Name and/or address
82
!
!
!
!
2.
Marital status
Dependents (birth, death)
Person to be notified in case of
emergency, and changes in that
individual's address or telephone number
Education or training
The officer will submit the required information

on the prescribed inter office memorandum.
Within a reasonable time the officer will receive a
receipt signed by all applicable parties that the
information was received and that all the
appropriate changes have been made in regards to
the officers status.
ARTICLE XLVII
COMPENSATORY TIME
The Authority may grant compensatory time off in
hours as partial or full workdays off. The granting of
compensatory time must be approved by the officer's
immediate supervisor and shall be recorded as granted
83
or used. Vacation days shall take precedence over

compensatory time. Officers shall be paid their regular
rate of pay for all compensatory time off.
Compensatory time shall be accrued in one and onehalf hour increments for each hour of overtime or
forty-five minutes for each one-half hour of overtime.
Unused compensatory time must be used prior to the
end of the first quarter of the year following the year in
which it was granted and may not be accrued up to
more than eighty (80) hours. If an officer has not used
up compensatory time by the end of the said quarter,
his compensatory time will be scheduled by the
Department in the second quarter or, if not, the officer
will be paid.
ARTICLE XLVIII
MISCELLANEOUS PROVISIONS
1.
The parties agree that drug and alcohol testing will

be conducted in accordance with the Authority's
Drug and Alcohol Policy, attached hereto as
Exhibit A with the following modifications:
84
(a) Officers who are randomly tested and receive

a verified positive drug test will be discharged
and not subject to a mandatory referral under
this policy.
(b) Standards of conduct concerning drug
convictions will be handled in accordance
with Police Directives and not this policy.
(c) Pre-duty use of alcohol: An officer who has
consumed alcohol pre-duty (four hours prior
to the employee's scheduled report time) shall
not be permitted to work and shall not be paid.
An employee's second violation of this
provision in his/her career shall result in a one
day suspension without pay and a mandatory
referral to the EAP. An employee's third
violation of this provision in his/her career
shall result in a three day suspension without
pay and a mandatory referral to the EAP. An
employee's fourth violation of this provision
in his/her career shall result in a five day
suspension without pay and a mandatory
referral to the EAP. An employee's fifth
violation in his/her career shall result in
discharge.
85
This policy supersedes the Integrated Program of

Education, Assistance, and Testing for Intoxicants
and Controlled Substances (Operation Freeze).
2.
Authority notification to an officer shall be

deemed sufficient for the purposes of this
Agreement if the notification is made personally,
by written memorandum, or by certified mail
return receipt requested or telephone call,
confirmed by certified letter return receipt
requested to the officer's last known address as
shown on his personnel record maintained by the
Authority. It shall be the responsibility of each
officer to keep the Authority informed of his
current address and telephone number. For the
purpose of computing any notification period, the
day the notice is sent shall not be included.
3.
An Officer who is trained in CPR and first aid

shall be indemnified and defended by the
Authority for all circumstances in which the
officer rendered first aid on duty.
4.
If any term or provision of this agreement is at any

time during the life of this agreement in conflict
86
with any law, such term of provision shall

continue in effect only to the extent permitted by
such law. If any term or provision of this
agreement is or becomes invalid or unenforceable,
such invalidity or unenforceability shall not affect
or impair any other term or provision of this
agreement.
5.
The Authority and the Union for the life of the

agreement each voluntarily waives the right to
bargain collectively with respect to any subject or
matter referred to or covered in this agreement, or
with respect to any subject or matter not
specifically referred to or covered in this
agreement.
The express provisions of this
agreement for its duration, therefore, constitute the
complete and total contract between the Authority
and the Union with respect to rates of pay, wages,
hours of work, and other conditions of
employment.
87
ARTICLE XLIX
TERM OF AGREEMENT
1.
This Agreement shall be in force and effective

April 29, 2012 for a term ending at midnight on
March 31, 2016, thereafter from year to year upon
the same terms and conditions as therein provided
in accordance with the provisions of the Public
Employee Relations Act (PERA) 195, unless
either party hereto shall give to the other at least
sixty days written notice of its election to modify
or terminate the Agreement at the end of the then
current term.
2.
This Agreement shall be effective only upon

ratification by the Union membership and the
SEPTA Board and there shall be no retroactivity.
88
For the Union:

(Signed) RICHARD NEAL
President, FOTP
(Signed) EDWARD KAISER
First Vice-President, FOTP
(Signed) KENNETH POOLER
Second Vice-President, FOTP
(Signed) Solomon Edwards
Secretary, FOTP
(Signed) DONALD UHL
Treasurer, FOTP
(Signed) John Cicala
Trustee, FOTP
(Signed) TRAVIS CROSBY
Trustee, FOTP
89
For the Authority:
(Signed) Stephanie Deiger

Chief Labor Relations Officer
Southeastern Pennsylvania Transportation Authority
(Signed) JOSEPH P HORBURY, SR.

Manager Labor Relations Officer
(Signed) RICHARD J. EVANS

Chief of Police
90
APPENDIX A
UNIFORM AND EQUIPMENT
SEPTA Employee Pass

Duty weapon with full compliment of rounds
Badge and frontispiece
ID cards
Police ID Card (SEPTA)
State Commission Card
Prescription Card
Medical Card (Blue Cross/HMO)
SEPTA Employee Card
MPO certification Card
Leather Goods
Sam Brown Belt
Handcuff Case
OC spray with holder
Baton
Handcuff Set
Ballistic Vest
SEPTA Keys
Flashlight
91
APPENDIX B
ATTENDANCE POINT SYSTEM
The point system provides officers with the opportunity
to improve their records through steady attendance and
provide an objective basis for the imposition of
discipline for incidents of non-attendance.
Subject to the general rules set forth below, points are
to be assessed against officers for various incidents of
non-attendance. An officer who accumulates eight (8)
or more points will be subject to progressive discipline,
as follows:
(a) 8 points - One day wait sick pay;
(b) 12 points -Two days wait sick pay;
(c) 16 points - One day suspension and three days
wait sick pay;
(d) 20 points - Three days suspension with a final
warning and four days wait sick pay;
(e) 24 points - Discharge.
92
For any month in which an officer has no incident of

non-attendance covered by the point system, the
officer's point total will be reduced one (1) point.
The
above
suspensions
will
be
assessed
administratively and the officer will not be required to
serve the suspension.
INCIDENTS OF NON-ATTENDANCE & POINTS
Absence
Lateness
2 points
1 point
SICK TURN-INS
1.
Each such turn-in will be assessed two (2) points.
2.
A turn-in that establishes the pattern (as defined

below) will be assessed an additional two (2)
points. Each subsequent turn-in that fits into this
pattern, and still has two (2) prior sick turn-ins that
year (in the same pattern) will be assessed an
additional one (1) point.
These points for
additional pattern sicknesses will be added to the
penalty assessed for missed with sick turn-ins.
93
3.
Similar type of turn-ins in one (1) year will

establish a recognizable pattern, as follows:
(a)
(b)
(c)
Three (3) turn-ins on the same day of the

week
Four (4) turn-ins before and after days off
Four (4) turn-ins on the weekend (Saturday
and Sunday)
Patterns will be calculated on a 365 day cycle.

GENERAL RULES
1.
2.
All discipline to be imposed under this Point

System is set forth above. All such discipline and
the imposition of points hereunder shall be
segregated from, and shall not be considered in the
imposition of discipline for other infractions or
incidents.
Each employee will be notified, in writing, of all
points assessed against him/her and will be
interviewed upon accumulating six (6) or more
points.
94
3.
If an officer is later for work as a result of

occurrences pertaining to the Authority's service,
the officer will not be charged any points,
provided the officer can establish that he/she was
aboard the vehicle that preceded the trip that
would have allowed the officer to arrive at work
on time.
If on any day, more than twenty-five percent (25%) of

all officers in the bargaining unit are out sick, all such
officers will receive an additional point for such
absence.
APPENDIX C
1.
The Authority agrees that it will maintain all its

equipment for normal use by officers in a safe
operating condition when in service.
2.
No officer shall be disciplined for refusal to

transport a violent prisoner in a vehicle without
cage protection.
3.
No officer shall be required to perform non-office

work without a radio that works.
95
4.
The Authority will pay the Union fifty percent

(50%) of the cost to print this Agreement subject
to the right of the Authority to examine and edit
the galleys prior to the printing run and 300
printed copies of the Agreement shall be made
available to the Authority.
5.
If there is a change in the law concerning the offduty rights and obligations of officers, the
Authority and the Union will meet to discuss the
effects of such changes in the law on the Court
Duty provisions of the Agreement.
6.
The use of radios and radio bands as well as the

types of vehicles and vehicle equipment shall be
priority items for discussion by the Safety and
Productivity Committee.
7.
The Union and the Authority agree to continue

discussions regarding the Police Physical Fitness
Program under the auspices of the Pennsylvania
Mediation Board.
96
APPENDIX D
September 29, 1999
Mr. Timothy Spain
President
Fraternal Order of Transit Police
P.O. Box 34640
Philadelphia, PA 19101
Dear Mr. Spain:
As a result of recent contract negotiations, the parties have
agreed that Directive 13, Disciplinary Code, will be modified
to reflect the following change regarding an officer's failure
to appear in court when duly notified.
Officers who fail to appear in court when duly notified shall
be subject to discipline as follows:
1st offense 1 day disciplinary suspension
2nd offense 3 days disciplinary suspension
3rd offense discharge
Failure to report as a witness when duly notified will be
considered an offense under the progressive disciplinary
scale. However, discipline assessed for such an offense will
97
progress in accordance with the above steps.

A two-year
period will be used; i.e. the period will be computed from the
date of the infraction back to the most recent infraction in the
previous 24 months.
(Bargaining Notes: e.g. An officer with no discipline on his
record who fails to appear in court shall be assessed a 1-day
disciplinary suspension. This infraction counts as the officer's
first offense under the progressive disciplinary scale,
however discipline is assessed in accordance with the above
referenced steps. Should the officer subsequently commit
another infraction which warrants progressive discipline,
such as unauthorized use of patrol vehicle, this would be
considered the officer's second offense and under the
progressive disciplinary scale would warrant a 1-day
disciplinary suspension.)
Respectfully,
Concur:
s/Patrick J. Battel
Chief Labor Relations Officer
s/Timothy Spain
President, FOTP
cc:
Richard J. Evans, Chief of Police

David Scott, Deputy Chief of Police
Susan M. MacArthur, Manager of Labor Relations
Thomas Kohn, Counsel for the FOTP
98

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TABLE OF CONTENTS

ARTICLE VIII ......................................................... 14

ARTICLE XVI ......................................................... 22

ARTICLE XXIV ...................................................... 34

ARTICLE XXXII ..................................................... 50

ARTICLE XLVIII ................................................... 84

with the standard form used by the Union,

Such deductions will be authorized, levied, and

All deductions shall be subject to revocation by the

this Agreement. The Authority shall thereafter

The Authority shall be relieved from making such

The Authority assumes no obligation, financial or

of the funds deducted under this Article as soon as

Each employee who does not become a member of

members to the amount of the fee. The procedure

The Authority will reserve one payroll slot for the

The Authority and the Union agree that race, sex,

religion, age, handicap, disability, veteran status,

In addition, the Authority shall not discriminate

The Authority and the Union further agree not to

Any official of the Union shall be permitted to visit

the Department decides that there is an interference

The Union will notify, preferably in writing or by

The Authority shall make a good faith effort to

least ten (10) days before the effective date of such

The Authority shall provide the Union with a list of

In all matters pursuant to this Agreement and in any

Elected officials of the Union shall be permitted by

grievances or represent officers without pay except

Authority seniority shall be determined by the

An employee shall lose all seniority rights and all

All officers shall be considered probationary

Layoffs and recalls of officers will be made in

Officers will be scheduled to work shift times that

The normal workweek shall be forty (40) hours.

The normal workday shall be eight (8) hours

Officers normally will receive two (2) consecutive

Officers authorized to work overtime will be paid

There will be no pyramiding of overtime or

When the Authority has ten (10) or more calendar

who are available and not already scheduled to

Unscheduled overtime will be rotated by seniority

The Authority will make a good faith effort to

The Authority retains the right to schedule based

Officers with at least two (2) years of seniority

Officers, who have been injured on duty or on sick

duty. No Officer will be permitted to pick a

Five (5) days notice of shift change will be given

same zone or squad with permission from their

Compensation at the officer's regular rate of pay

Effective October 7, 2012, the top hourly wage

Effective March 31, 2013, the top hourly wage rate

Effective March 30, 2014, the top hourly wage rate

Effective March 29, 2015, the top hourly wage rate

Effective March 27, 2016, the top hourly wage rate

Signing Bonus. In lieu of an across the board

Longevity pay will be subject to the general wage

Officers will receive an annual clothing allowance

In addition, effective with the July 2012, July

years of service will receive $180.00 in Equipment

In addition, the Authority will replace ballistic

Any officer who works in or fulfills the

No officer shall work in or fulfill the