Police union collective bargaining agreement for the state of Michigan (2020-2024) (2024)

Section 1. Exclusive Representation
Pursuant to the Constitution of the State of Michigan, Article XI, Section 5, as amended by theelectorate in 1978, and the election certification, the State of Michigan, through the Office of theState Employer and Department of State Police, hereby recognizes the Michigan State PoliceTroopers Association, Inc., as the exclusive representative for the purposes of collectivebargaining, as set forth in the Constitutional provisions for all employees in the bargaining unit.

Section 2. Bargaining Unit
The Employer recognizes the Association as the exclusive representative for all State PoliceTroopers and Sergeants in the Civil Service classifications listed below:

[SEE NOTE 1 END OF ARTICLE FOR FULL TABLE]

Section 3. Title Changes
Should the Civil Service classification title of the employees of the bargaining unit be changedfor any reason, the change will have no bearing on the bargaining unit. The Employer will submitthe proposed changes to the Association 60 days prior to the effective date of change or when thechanges become known to the Employer.

Section 4. Aid to Other Organizations
The Employer will not negotiate terms and conditions of employment of bargaining unit membersaffected by the Collective Bargaining Agreement with any other employee organization,employee or group of employees, while the Michigan State Police Troopers Association remainsexclusive collective bargaining representative for the Michigan State Police Troopers andSergeants. If and when any organization, employee or group of employees request to meet tonegotiate with the Employer, the Employer will refer it to the MSPTA as the certifiedrepresentative organization. However, nothing in this Article shall affect or impair the right ofthe Employer to consult or meet with individual employees or groups of employees, concerningthe exercise of their individual rights under any law, or rule or regulation of the Department, orthe terms of this Agreement.

Section 5. Special Application Position Employees Designation of Positions
Up to 24 bargaining unit positions in the following areas are hereby designated as specialapplication positions:

a. Transparency and Accountability Division

b. Human Resources Division c. Behavioral Science Section

d. Special Operations Division

e. Training Division

Solicitation of Information
Neither individual employees nor the Association shall request or solicit any information fromspecial application position employees regarding the subject matter of such positions.

Application of this Agreement
The application of this Agreement to special application position employees isspecifically limitedto the following Articles and Sections:

a. Article 2, Association Rights;

b. Article 3, Association Dues and Checkoff;

c. Article 4, Management Rights;

d. Article 7, Bill of Rights, Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, and 16;

e. Article 8, Part A, Discipline, Section 2-b; Sections 3-c,-d; Sections 5-b,-c; Sections 6, 7, 8, 9 and 10;

f. Article 9, Grievance Procedure;

g. Article 10, No Strike Clause;

h. Article 11, Seniority;

i. Article 12, Layoffs and Recalls;

j. Article 13, Section 12, Relocation Policy (Moving Expenses);

k. Article 17, Part C, Mobilization Meal Reimbursem*nt;

l. Article 20, Lunch Period;

m. Article 22, Part A, Safety, and Part B, Training;

n. Article 24, Part A, Individual Activity Record, and Part G, Military Courtesy;

o. Article 26, Part A, Duty Disabilities/Injuries, and Part B, Personal Articles;

p. Article 27, Health and Safety;

q. Article 28, Leaves of Absence;

r. Article 29, Uniforms and Cleaning Allowance;

s. Article 30, Part A, Annual Leave, and Part C, Allowance for Unclassified and Military Service;

t. Article 31, Sick Leave and Bank Time;

u. Article 32, Insurances;

v. Article 33, Holidays; w. Article 34, Longevity; x. Article 35, Pensions;

y. Article 36, Salary;

z. Article 39, Copies of Agreement.^[2]

Part A. Association Representation

Section 1. Use of Facilities
The Association shall be permitted to schedule meetings on Department property so long as suchmeetings are not disruptive of the duties of employees of the Department or the efficient operationof the Department, and provided further that the prior approval for such meetings is received fromthe proper Management authorities, which approval shall not be unreasonably withheld. TheAssociation shall reimburse the Employer the customary charges for the use of the TrainingAcademy, except when addressing trainees after the training day when rooms are available.

Section 2. Nondiscrimination
The parties recognize that employees shall not be unlawfully interfered with, discriminatedagainst, restrained or coerced because of their membership or non-membership in the Associationor by their exercise of their legal rights. Any complaint involving interference, discrimination,restraint, or coercion shall be resolved through the applicable administrative procedure heretoforeadopted by the parties on April 18, l980 and approved by the Civil Service Commission on April25, 1980 with reference to unfair labor/prohibited practice procedures (Appendix H), and notthrough the grievance procedure provided by this Agreement.

Section 3. Grievance Processing
Preferably, grievance processing should take place during non-work hours, in order to precludedisruptions of duties or interference with operations. It is recognized, however, that this is notalways practicable or feasible. Employees shall be afforded reasonable time during regularworking hours, without loss of pay, to process grievances, including participation in the grievancemeetings; provided that reasonable notice is given of the need for such time and the prior approvalof the employee's supervisor higher authority is obtained.

Section 4. Release of Representative
The role of the Association representative, if an employee, in processing grievances or otherwiseassisting in the implementation of this Agreement will be to timely notify his or her immediatesupervisor of the necessity to leave his or her work assignment in order to promptly andexpeditiously carry out the duties in connection with this Agreement. Permission will be grantedprovided it does not unduly disrupt work operations, it is conducted expeditiously with as minimalan amount of time off as possible and this privilege is neither misused nor abused.When contacting an employee, any Association representative will first seek the permission ofthe employee's supervisor before seeing the employee. Contact will be granted provided it doesnot unduly disrupt work operations, it is conducted with as minimal an amount of time off aspossible, and this privilege is neither misused nor abused. Misuse or abuse of this Section by theSupervisor or the Association representative is a grievable matter under the grievance procedurecommencing at Step 2.

Section 5. Bulletin Boards
The Employer agrees to furnish reasonable space on bulletin boards presently maintained at postand work areas occupied by employees for exclusive official use of the Association.

There shall be no such bulletin board space reserved for the use of any other labor organizationwhich purports to represent employees of this bargaining unit.

The Association agrees to limit its postings to such bulletin board space.

The Association agrees that it will not post any partisan political material, or material which isprofane, or derogatory toward any individual or the Employer.

All bulletins or notices shall be signed by the Association president or one of the Associationexecutive board or post representatives.

The Association shall be responsible for the proper use and care of the bulletin board.

Section 6. Visitation Privilege
The Association representatives shall have reasonable visitation privileges to posts and workstations for purposes of administering this Agreement provided the Association shall exercise thisprivilege in a manner so as to not interfere with Department operations or the duties of theemployees and only after advance permission of the supervisor is obtained. Such visitationprivileges may include explaining Association membership, services, or programs.

Section 7. Access to Information
The Employer agrees to provide the Association, upon written request, reasonable access tonecessary materials and information that are disclosable under this Agreement or under law, inorder for the Association to fulfill its responsibility in administering this Agreement.

The Association shall, when reasonably requested, reimburse the Employer for the expense ofphotocopying information as permitted under the Michigan Freedom of Information Act. Anyclaim of privilege or confidentiality with reference to the records of any employee may be waivedin writing by the employee, and upon receipt of such written waiver, the Employer shall providethe requested information.

Section 8. Association Access to Trainees
The Employer agrees that, upon prior request, Association representatives will be permittedaccess to trainees during any training session which involves any bargaining unit employees,including recruits. This access will be after the training day and shall be limited to one visit perschool, with appropriate Employer notice to the trainees. Employees are not required toparticipate in such meetings nor shall the Employer be required to compensate employees forattendance at such meetings.

Part B. Employee Organizational Leave

Section 1. Organization Leave
The Association shall be provided with a total of 1,000 hours of employee organizational leavecredit during each year of this Agreement to be used for the purpose of attending executive boardmeetings, internal Association committees, Association meetings, and implementation andenforcement of this Agreement. Whenever practicable, advance written notice of the names ofemployees to be released shall be given to the designated Employer representative at least twodays prior to the date work schedules must be posted, in order to arrange for time off andscheduling.

The allocation of such released time to individuals shall be the sole prerogative of theAssociation.

Any executive board member may utilize annual leave (vacation) or compensatory time forAssociation meetings and shall not be denied such leave for such purpose except in emergencies,after having given advance written notice, whenever practicable, at least two days prior to thedate work schedules must be posted.

Employee organization leave shall be released time without charge to annual leave orcompensatory time credits, except as provided in the preceding paragraph. Employeeorganization leave provided for in this Article shall be granted provided that it has been requestedwith advance written notice, as set forth above, and that the resulting absence from work will notimpair or interfere with any emergency services of the Department.

The Department shall send to the Association a statement at the end of each month showing thetotal employee organizational leave used pursuant to this Article. This statement shall bepresumed correct unless the Association immediately advises the Director or his or her designeeof any claimed errors.

Section 2. Presidential and Vice-Presidential Leave
Recognizing the need for coordination and cooperation in the implementation and execution ofthis Agreement, and the statewide nature of this obligation, and in order to fully implement thispurpose, the president and vice-president of the Association shall be granted Association leavewith full salary, pension contributions, service credit and other benefits paid by the Employerduring the life of this Agreement so as to permit said president and vice-president to devote fulltime service to Association duties. However, the Association shall reimburse the Employer forapplicable insurance premiums.

The president and vice-president shall, during their period of service, be subject to no restraint bythe Department, except they shall be subject to any order of full mobilization, shall comply withall standards of conduct applicable to other employees within the Department, and shall meet theminimum proficiency standards and mandatory training programs required of all otheremployees, when and if requested by the Employer.

The president and vice-president may, at their option, free of any cost to the Employer, movetheir residence(s) to the Lansing area.

Upon completion of his or her duties as president or vice-president, if his or her original post(s)is unavailable, or if he or she elects not to return to it, he or she shall be given first priority to anavailable position of his or her choice for which he or she is qualified within his or herclassification for a period of 90 days after giving notice of intent to leave office, but limited to amaximum of 60 days after the date of availability for assignment.

If a position of his or her choice is not available during this period of time, he or she shall betemporarily assigned to a post or unit in the Lansing area. If he or she makes no selection withinthis period of time, he or she shall be subject to a mandatory transfer to any location in the Stateat the discretion of the Employer. Any transfer under this Section shall be made at no expense tothe Employer. It is understood that the assignment of the president or vice-president under thisSection shall take preference over any transfer pursuant to Article 13 of this Agreement.

After the assignment to an available position or the mandatory transfer, he or she shall not besubject to mandatory transfer for a minimum of five years.

Section 3. Negotiations
A total of 15 days for each of five Association bargaining committee members shall be grantedfor negotiations for a successor Agreement.

Section 4. Additional Time Off
Additional administrative time off may be granted at the sole discretion of the Director or byhis or her designee.

Section 5. Mobilization
In the event of a full mobilization of the Department for an emergency, the Association presidentand vice-president shall contact the office of the Director of State Police and shall remainavailable during the period of the mobilization for the purpose of establishing aDepartment/Association liaison to deal with any labor relations problems which may arise.

Section 6. Employee Information
The Employer will furnish to the Association a listing of the names and addresses of allemployees in the unit upon written request, but no more frequently than semiannually. Such a listshall also include the employee's time in service seniority date, date of birth, and classification.The Employer shall also supply the Association with a copy of the district and post roster on aquarterly basis upon written request from the Association.

The Association will supply the Department with a list of names and addresses of all dulyappointed or elected representatives who will represent the Association in the administration ofthis Agreement and will periodically update said list as changes occur.

Part C. Integrity of the Bargaining Unit

Section 1. Bargaining Unit Work
The Employer recognizes that the integrity of the bargaining unit is of significant concern to theemployees and the Association. Bargaining unit work shall, except as provided below, beperformed by bargaining unit employees. The Employer shall not assign bargaining unit work toemployees outside the bargaining unit except in the case of emergency, temporary work relief, tothe extent that such work is a part of their duties as provided in the Civil Service classspecifications, or to the extent that such assignment is a matter of customary practice. Fourpositions in the Information Technology Division (LEIN Audit) may be removed from thebargaining unit when they are voluntarily vacated by the incumbent. In no event shall suchassignments be made for the purpose of reducing or eroding the bargaining unit.

Section 2. Supervisors
Non-bargaining unit supervisory employees shall be permitted to perform bargaining unit workto the extent that such work is a part of their duties as provided in the Civil Service classspecification, to the extent that such assignment is a matter of customary practice, in case oftraining (including demonstration of the proper method of completing the task assigned),temporary work relief, or in the case of emergency.

Section 3. Programs
The Employer may continue to utilize such programs as the type listed below, provided theprimary purpose of such programs shall be to supplement ongoing activities or to provide trainingopportunities.

a. Student work experience

b. Volunteer programs

c. Internships

To the extent that it is available, the Employer will provide the Association with informationwhich permits the Association to monitor the implementation of such programs, if not alreadyprovided. It is the intent that an allegation that such a program is being used by the Employer asa substitute, rather than a supplement, for ongoing State employee activities, or causes layoffs orsuch programs are used to avoid the recall of bargaining unit employees, shall be grievable underthe provisions set forth in this Agreement.

Section 4. Subcontracting
The Employer recognizes its obligation to utilize bargaining unit members in accordance withthe merit principles of the Civil Service Commission. The Employer reserves the right to usecontractual services where necessary or desirable to provide cost-effective, efficient services tothe public. The Employer may subcontract work under one or more of the following situations:

a. The services are so temporary, intermittent or irregular in nature that they cannot be provided efficiently through the classified service.

b. The services are uncommon to the state classified service because they are so specialized, technical, peculiar, or unique in character that the talent, experience, or expertise required to accomplish the duties and responsibilities cannot be recognized as normal to the state service and cannot be efficiently included in the classification plan.

c. The services involve (a) the use of equipment or materials not reasonably available to the agency at the time and place required, and (b) the estimated cost to the agency in procuring such equipment or materials and establishing the needed positions would be disproportionate to the contract cost.

d. The defined services would be performed at substantial savings to the State over the life of the contract when compared with having the same level of services performed by the classified service. The services do not meet this standard if, despite the savings over the life of the contract, substantial savings would not likely be realized over the long term.

The Employer agrees to make reasonable efforts (not involving a delay in implementation) toavoid or minimize the impact of such subcontracting upon bargaining unit employees.

Whenever the Employer intends to contract out, subcontract services, or renew such contractedservices, the Employer shall, as early as possible, but at least 15 calendar days prior to theimplementation of the contract, subcontract, or contractual services renewal, give written noticeof its intent to the Association. Such notice shall consist of a copy of the request made to CivilService.

The notice shall include such matters as:

a. The nature of the work to be performed or the service to be provided.

b. The proposed duration and cost of such subcontracting.

c. The rationale for such subcontracting.

In case of preauthorized contractual services, item c above need not be provided. However, theEmployer agrees to meet with the Association, upon request, should the Association havequestions regarding the information provided.

The Employer shall also provide the Association, upon written request, information necessary tomonitor the implementation, including costs, of the contract or subcontract. If the volume of theinformation requested upon this Section would place an unreasonable burden on the Employer,the parties will meet to attempt to identify alternative mechanisms for providing such information.

The Employer shall, upon written request, meet and confer with the Association over the impactof the decision upon the bargaining unit. Such discussions shall not serve to delay implementationof the Employer's decision.^[2]

Section 1. Modification of Existing Official Orders
Any existing departmental rule, regulation, policy, or Official Order not in conformity with theprovisions of this Agreement, shall be modified, amended, or considered superseded by the termsof this Agreement. Any modifications or amendments to any existing departmental rule,regulation, policy, or Official Order made in order to conform said departmental rule, regulation,policy, or Official Order to the terms of this Agreement shall be submitted to the Association forcomment and suggestions at least 15 calendar days prior to the official promulgation or effectivedate of said amendment or modification.

Section 2. Modification of Code of Conduct and Other Rules, Regulations, Policies or Official Orders
The Department shall maintain a Code of Conduct which shall consist of rules for which anemployee may be disciplined, according to the provisions of Article 8, Part A of this Agreement.The Code of Conduct and any existing departmental rule, regulation, policy, or Official Orderdirectly affecting employees within the bargaining unit, but not modified, amended, orsuperseded by the terms of this Agreement, may be modified, amended, or repealed by theEmployer; provided, however, that, except in the cases of a specific and declared emergency, theDepartment shall provide the Association with a copy of any proposed amendment, modification,or repeal at least 15 calendar days prior to the official promulgation of said rule or the effectivedate thereof for the purposes of comment and suggestion. The Association may, within such 15calendar days, invoke the special conference procedure of this Agreement with reference to saidamendments, modifications, or repeal and, if said special conference is invoked, said proposedamendments, modifications, or repeals shall not become effective until said special conferenceprocedure is held and concluded. If the Employer promulgates a rule, or an amendment,modification, or repeal of an existing rule, regulation, policy, or Official Order on the basis of aspecific and declared emergency, the Association may, within 15 calendar days, invoke thespecial conference procedure of this Agreement, in which event a special conference will be heldwithin 15 calendar days after request for same.

Section 3. Input by MSPTA
It is the purpose of this provision to provide the opportunity for employee and Association inputin order to eliminate misunderstanding and to promote the orderly operation of the Departmentand the implementation of the Code of Conduct, Official Orders, rules, regulations, and policies.It is also a purpose to provide a process of consultation over any provision of the Code of Conduct,new rule, regulation, policy, or Official Order, and to increase employee awareness of rules,regulations, policies, or Official Orders which may affect and govern their conduct. It is not thepurpose of this Article to require that the Employer bargain or negotiate over any proposed rule not governed by the terms of this Agreement but merely to require consultation and conferencewhere requested by the Association.^[2]

Section 1. Polygraph Tests
No employee shall be required to subject himself or herself to a polygraph examination. Nodisciplinary action shall be taken against any employee for refusal to submit to a polygraphexamination; however, if the employee consents to a polygraph examination, the polygraphexamination results shall not be used or offered in any court proceeding.Employees participating as a member of a Federal Bureau of Investigation Joint Terrorism TaskForce shall be governed by the provisions outlined in Appendix J.

Section 2. Electronic Surveillance
Neither the Employer, the Association, nor employees shall utilize any type of electronicsurveillance device to record or transcribe any conversation between the Employer, theAssociation, and/or the employee(s) unless disclosure of such device is made prior to suchconversation except those telephone or radio communications which are routinely recorded and/ormonitored as part of the daily operation of the Department or except upon the authority of a courtauthorized warrant. This provision shall not apply to criminal investigations.

Section 3. Right to Sue
Any employee shall have the right to bring civil suit against any citizen, organization, orcorporation for injuries or damages suffered, either pecuniary or otherwise, for abridgement ofhis or her civil rights arising out of the employee's proper performance of official duties. Theemployee shall advise his or her post or division commander of intent to bring said suit and mayconsult with said post or division commander concerning said suit.

Section 4. Personnel Files
Any employee shall have the right to inspect his or her official personnel file, upon written requestduring the normal business hours, Monday through Friday (excluding holidays). The employee'sofficial personnel file shall not be made available to any person or organization other than theEmployer without the employee's express written authorization unless or pursuant to a courtorder. The "Bullard-Plawecki Employee Right to Know Act" (1978 PA397) shall be applicableto and govern any disputes with reference to maintenance of personnel files and access thereto.

Section 5. Investigatory Interview
Whenever any employee is subjected to an interview by any Department personnel for reasonsthat could lead to disciplinary action as defined in Article 8, Discipline, of this Agreement, suchinterview shall be conducted under the following conditions:

a. The employee shall be fairly apprised in writing of the nature of the investigation and the fact that the investigation does not entail criminal charges. The written notice shall indicate, to the extent then known by the employer:

1. The name of the person making the complaint or the victim of the alleged wrongdoing, unless, at the sole discretion of the Employer, it would substantially impede the investigation or adversely affect any requested anonymity of the complainant;

2. The dates (or time frame) of the alleged misconduct; and

3. Description of the facts alleged by the complainant to constitute the misconduct.

b. The employee shall be advised of the employee's right to have an employee representative present during any questioning and given a reasonable opportunity to obtain such representation. Wherever practicable, the employee shall be given 48 hours advance notice of the questioning.

c. At the time a formal disciplinary investigatory interview is scheduled, in addition to being advised of the right to have a representative present, the employee shall be advised orally whether the allegation may result in a criminal prosecution and whether the employee is then considered to be a principal or witness. The employee shall be given sufficient pertinent information about the allegations to enable a reasonable person to identify the incident (if it in fact occurred), and to review his or her daily report, notes, official investigative report or otherwise refresh his or her memory regarding the matter.

d. The interview shall be conducted at a reasonable hour, preferably, but not necessarily limited to, when the employee is on duty. If such questioning occurs during non-duty hours of the employee involved, the employee shall be considered to be on duty for the purposes of compensation.

e. The employee, at his or her request, shall have the right to have an Association representative present during such interview. In such cases where such Association attendance is requested, the interview may be postponed for the purpose of securing an Association representative up to the afternoon of the day following the notification of interview.

f. The presence of an Association representative will in no way, in and of itself, jeopardize either the employee's or the Association representative's continued employment.

g. The supervisor or investigator is free to insist on hearing the employee's own account of the matter under investigation. The supervisor or investigator is not obligated to negotiate with the employee or the representative during the investigatory interview. The purpose of the interview is to seek evidence or facts to support a decision. The supervisor or investigator is entitled to ask questions of the employee and to hear the employee's own uninterrupted answer.

h. The Association representative's role at the investigatory interview is to consult with the employee and to observe the propriety of the interview and not to interrupt, interfere with, or otherwise obstruct the investigation. The Association representative shall be given the opportunity to assist the employee by asking questions to clarify the facts or to provide the names of other witnesses who possess knowledge of the facts.

i. The employee under investigation shall be informed of the nature of the investigation prior to any questioning. If it is known that the employee is a witness only, he or she shall be so advised.

j. The interview shall be for reasonable periods of time and time shall be permitted for personal necessities, provided that no period of continuous questioning shall exceed one hour without a ten-minute rest period, without the employee's consent.

k. The employee shall not be subjected to abusive language, questioning by more than one supervisor or investigator at a time, or to threats or promises to induce an answer to any question.

l. The employee's name, home address, or photograph shall not be given to the press or news media without the employee's express consent, and his or her name shall only be released upon the proffering of formal criminal charges.

m. If a recording is made of the interview, the employee or representative authorized by the employee, shall have access to the recording or be given an exact copy thereof at any time upon reasonable request. If the employee's statement is reduced to writing, the employee or representative authorized by the employee shall be given an exact copy of said statement upon request.

n. If any employee is represented by another employee who is on duty status that duty status shall continue until the interview is completed.

o. In no event, except at the employee's request, will the interview take place at the employee's home.

p. No interview conducted hereunder on behalf of the Employer shall be conducted by an employee in the bargaining unit.

It is not the purpose of this Section to prevent discussions between employees and their superiorswith regard to work assignments or to require representation of the employee during theadministration of "Affirmative Assistance" pursuant to Article 8 of the Discipline provisions ofthis Agreement or to require representation when the employee is interviewed solely as a witness.Opportunity for Association representation shall, however, be provided upon request where eitherthe employee reasonably believes he or she will be disciplined for his or her conduct, the supervisoror investigator believes that a reasonable basis for discipline may exist, or the supervisor orinvestigator has been directed to make a report or intends to make a report to a superior officerwhich could lead to discipline of the employee.

If, in the course of any routine inquiry, the supervisor or investigator forms a belief that areasonable basis for discipline exists, he or she shall forthwith so inform the employee and permitthe employee an opportunity to request the presence of an Association representative. In anyinstance where the supervisor or investigator advises the employee that his or her inquiries willnot lead to discipline, no representation is required.

Section 6. Criminal Investigation
In a criminal investigation interrogation, the employee under investigation shall be informed ofthe rank, name, and command of the officer in charge of the investigation, the interrogatingofficer, and all persons present during the interrogation. The employee under investigation shallbe informed of the nature of the investigation prior to any interrogation and, where applicable, heor she shall be informed of the name(s) of the complainant. Interrogating sessions shall be forreasonable periods and shall be timed to allow for such personal necessities and rest periods asare reasonably necessary. The employee shall have the same right to Association representationas an employee under disciplinary investigation or the right to representation by individualcounsel; provided, however, that a criminal investigation and interrogation shall be conducted inthe same manner and procedure, with the same constitutional and statutory safeguards, that allcitizens under criminal investigation and interrogation are entitled to enjoy and exercise.

Section 7. Conclusion of Investigation
Employees will be informed in writing when an investigation conducted under Section 5 of thisArticle has been completed and of the determination. Association representation is not requiredat any meeting where the sole purpose of the meeting is to inform an employee of a previouslymade decision to propose disciplinary action or to serve an employee with disciplinary action.Retention and use of records related to an investigation under Section 5 of this Agreement isgoverned by the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq.

Section 8. Written Memoranda
If there is a need for an inquiry into an employee's official actions or activities either as aprincipal or as a witness so that there will be a recording of facts for the protection of the employeeor of the Department or to rebut, explain, or clarify any allegations, criticism, or complaints madeagainst an employee the employee may be required and is expected to properly respond in a truthfuland complete manner and, if requested, submit written memoranda detailing all necessary facts.However, in instances where the employee's conduct is under investigation, no employee shall berequired to submit such report without first having the opportunity to confer with an Associationrepresentative.

Section 9. Line-up
No employee shall be required as a condition of employment to stand in any line-up. Thisprovision is not applicable where the employee is the subject of a criminal investigation.Section 10. Compulsory Statements (Garrity Rule)If the matter under investigation could lead to criminal charges, but the departmental inquiry isnot directed at obtaining inculpatory statements from an employee to be utilized in criminal proceedings against that employee, but is merely for the purpose of determining the employee'scontinued status with the Department, the employee shall be advised that the employee'sconstitutional rights prohibit coerced statements obtained under threat of discharge from use insubsequent criminal proceedings against him or her. When the Employer advises the employeethat such statements given will not be used against him or her in any subsequent criminalproceedings, the employee shall also be advised that:

a. The employee has the right to counsel or Association representation during questioning;

b. The presence of counsel or an Association representative will in no way, in and of itself, jeopardize his or her continued employment;

c. The employee is required to fully and truthfully answer the questions or be subject to discharge.

Section 11. Denial of Representation
If an employee requests and is denied representation, when he or she is entitled to same, theemployee may:

a. Refuse to answer any questions or write any memorandum until representation is permitted. Such refusal shall not result in any separate disciplinary action against the employee.

b. Respond to said questions. However, said responses may not thereafter be used against said employee in any proceedings without his or her consent, and shall not be part of any official file retained by the Employer.

c. Take whatever other action or remedies are available under this Agreement.

Section 12. Representation in Civil and Criminal Litigation
Whenever any civil action is commenced against any employee alleging negligence or otheractionable conduct, if the employee was in the course of employment at the time of the allegedconduct and had a reasonable basis for believing that the conduct was within the scope of theauthority delegated to the employee, the Employer shall, at its option, pay for or engage or furnishthe services of an attorney to advise the employee as to the claim and to appear for and representthe employee in the action. No such legal services shall be required in connection withprosecution of a criminal suit against an employee. Nothing in this Section shall require thereimbursem*nt of any employee or insurer for legal services to which the employee is entitledpursuant to any policy of insurance.

The Employer may also indemnify an employee for the payment of any judgment, settlement,reasonable attorney fees, or court costs where the employee is found to have committed anintentional tort, if the employee's intentional conduct occurred while fulfilling his or her necessaryduties and functions and was carried out pursuant to a direct order of his or her supervisor, wasconduct required by the direct order, or was conduct in keeping with well-established andapproved past practices of the Department; provided, that the employee shall have the right to select counsel of his or her own choosing, with mutual agreement with the Employer.If an employee is charged with a criminal offense in connection with the performance of his orher departmental work, it is an option of the Director to determine if legal counsel will besupplied.

Section 13. Prohibited Discrimination
The parties agree that this Agreement shall be applied without unlawful discrimination as to race,color, national origin, religion, sex, sexual orientation, age, disability, political affiliation, orgenetic information that is unrelated to the person's ability to perform the duties of a particularjob or position. Claims that allege violation(s) of the Americans with Disabilities Act (ADA) maybe processed through Step 3 of the grievance procedure provided in Article 9, without prejudicingthe employee's right to file suit or other procedures established by law. Any otheremployee(s)’ charges of employment discrimination shall be handled exclusively by and throughthe appropriate State or Federal agencies, or through appropriate judicial proceedings.

Section 14. State/National Constitutional or Statutory Rights
Nothing contained in this Agreement shall deny any employee any right or benefit extended tohim or her under the Constitution or any laws of the United States or the State of Michigan.Claims or assertions of such rights, however, shall not be brought under the grievance proceduresset forth in this Agreement, except as provided in Section 13 above.

Section 15. Political Activity
Employees covered by this Agreement shall have the same rights, privileges and immunities asall other citizens of the United States and of the State of Michigan, to engage in the politicalprocess, run for public office, or otherwise express his or her personal views so long as saidactivities are not engaged in during duty hours of the employee, do not interfere with theperformance of all duties and functions or the operation of the Employer, do not utilize anyequipment or facilities of the Employer, and are in keeping with the Constitution of the State ofMichigan and Civil Service Commission regulations and requirements for all other Stateemployees.

Section 16. Conduct Toward Superiors
Employees in the bargaining unit shall conduct themselves in an orderly and respectful mannerwhen addressing their superior officers and shall, in return, receive fair and courteous treatmentfrom their superiors.

Section 17. Locker Searches
Lockers are for personal use only and employees shall not place any official police reports,documents or evidence in their lockers.In the event an employee places a needed police report, documents or evidence in the employee'slocker, the employee may be recalled, without compensation, to retrieve such report, documentor evidence.

Except upon the showing of an imminent emergency (bomb threat, fire, et cetera), the lockers of employees may not be searched except:

a. By authority of a validly issued search warrant;

b. By written consent of employee.

There shall be no general searches of lockers under any guise, except as heretofore indicated,including the guise of general inspections of department premises.

Any evidence obtained by the Department in violation of this Section may not be used by theDepartment in any disciplinary action brought against any employee.

Section 18. Limitation
Disciplinary action shall be proposed, and written notice to the employee provided, within 90days of the occurrence or the Employer's knowledge of the occurrence giving rise to thedisciplinary action, whichever occurs last, except that this limit shall be tolled during any periodsof time that the employee is the subject of active criminal investigation or prosecution. However,nothing contained herein shall preclude the Employer from using such prior employee conductduring any disciplinary proceeding or from using such conduct to demonstrate a course ofunsatisfactory performance or conduct.

Written notice of the proposed disciplinary action may be provided either (1) by personal serviceto the employee, (2) by sending the notice to the employee’s State of Michigan email address andcopying the Association, or (3) by mailing the notice to the employee at his or her address ofrecord, by certified mail with return receipt requested, on or before the expiration of the abovetime limitation.

Should the certified mail receipt be returned without the employee's signature, the Employer shallprovide personal service to the employee. However, so long as the notice was mailed as describedabove prior to the expiration of the 90-day time period, the Employer shall have met its noticeobligation.

Section 19. Complaints against Supervisors
In the event an employee has a complaint against a supervisor, where no other remedy isprovided for by this Agreement, the employee may use any procedure provided by law.

Section 20. Collection of Overpayment of Wages or Fringe Benefits
In the event an employee is overpaid wages or fringe benefits, the repayment liability of theemployee shall not exceed six (6) months.

Persons who are required to make repayment will be given the option to make repayment by oneor more of the following methods:

a. A lump sum payment directly to the Employer or insurance carrier;

b. A lump sum deduction from the immediately ensuing paycheck;

c. A specified number of lump sum deductions from a corresponding number of immediately ensuing paychecks; or

d. A combination of the above listed options

If legally permissible and without penalty to the employee or the Department, an employee maychoose to substitute accrued annual leave credits and/or compensatory time earned for any of theabove options. Such option to use accrued annual leave or compensatory time earned is subjectto applicable tax laws and made available as soon as administratively feasible.

Section 21. COBRA Coverage Payment Option
In the event an employee subject to an immediate suspension without pay as provided in Article8, Part A. Section 3(d) is eligible for continuation of health care benefit at the employee’s ownexpense, the employee may elect to utilize any combination of accrued annual leave credits orcompensatory time selected by the employee to fulfill the COBRA premium obligations of theaffected employee and his or her covered dependents if doing so is legally permissible andwithout penalty to the employee or the Department. Such use of accrued annual leave orcompensatory time earned will be subject to applicable tax laws and made available as soon asadministratively feasible.

This provision is also available to an employee on an approved education leave of absence underArticle 28, Part A, subject to the same conditions above.^[2]

Part A. Discipline and Misconduct

Section 1. Scope
The Employer will utilize disciplinary action only for just cause toward employees who engagein violations of the Code of Conduct. It is the intention of the Employer to utilize discipline byprogression, when appropriate.

Section 2. Definitions

a. Disciplinary Action. Disciplinary action shall mean a written warning, written reprimand, suspension without pay, or discharge. For purposes of this Part, counseling, retraining, interim service ratings and demotions are not disciplinary action. Nothing in this Part is intended to preclude a supervisor from verbally discussing isolated instances of minor misconduct with an employee in lieu of administering disciplinary action.

b. Investigatory Leave. Upon verbal notification followed within 24 hours by written delineation of the reasons, an employee may be placed upon investigatory leave with pay for up to 15 calendar days as a result of the Employer's reasonable belief that the employee participated in an event of significant consequence to the Department, the employee, or the public. Such investigatory leave with pay shall be for the purpose of investigating the event. At the time the verbal notification is given, an Association representative may be present if available, upon the employee's request. In the event an Association representative is not present, the Association shall forthwith be notified of the investigatory leave. Investigatory leave with pay shall create no negative inferences with reference to the affected employee, shall not be considered discipline, and is not subject to appeal.

c. Pay Forfeiture. For the purposes of this Article, the forfeiture of pay for the period of any unexcused absence shall not constitute discipline; however, any order forfeiting pay shall be subject to the grievance procedures of Article 9.

Section 3. Application
The various disciplinary actions are described as follows:

a. Written Warning. A written warning delineates minor violation(s) of the Code of Conduct not involving a violation of law and advises the employee that official notice has been taken thereof and that further misconduct of a similar nature will subject the employee to further disciplinary action. A copy of all written warnings shall be given to the employee. If the employee believes the warning to be inaccurate or excusable due to mitigating circ*mstances and the employee does not choose to appeal pursuant to Section 5(a), or is not satisfied with the results of the appeal, the employee may submit a Statement of Response, consistent with the "Bullard-Plawecki Employee Right to Know Act," to his or her supervisor, which shall be attached to the Employer's copy of the written warning and destroyed at the same time as the written warning.

b. Written Reprimand. A written reprimand includes the personal discussion accompanied by a written notice that delineates violation(s) of the Code of Conduct. Its purpose is to advise the employee that further misconduct may result in additional disciplinary action including discharge. A written reprimand may be accompanied by other compatible disciplinary steps. A copy of the reprimand shall be given to the employee and to the Association. An Association representative shall be present at the employee's request during the investigation, interrogation, and/or personal discussion of the written reprimand. If the employee believes the written reprimand to be inaccurate or that there are mitigating circ*mstances, and the employee does not choose to appeal pursuant to Section 5(a), or is not satisfied with the results of the appeal, the employee may submit a Statement of Response consistent with the “BullardPlawecki Employee Right to Know Act," to his or her supervisor, which shall be attached to the Employer's copy of the written reprimand and destroyed at the same time as the written reprimand.

c. Suspension or Discharge after Investigation. If an investigation establishes just cause for disciplinary action, a suspension without pay not to exceed 30 calendar days or a discharge may be issued after a disciplinary conference. A copy of the statement of charges and a proposed penalty shall be given to the employee and contemporaneously to the Association at least ten calendar \ days before the conference. The notice shall advise the employee of his or her right to Association representation at the conference. Upon proper notice of the charges and the proposed penalty, the employee may, in writing, accept the discipline, in which event no conference shall be held and no appeal shall be taken. The employee may submit a written statement in response to the statement of charges.

d. Immediate Suspension without Pay. When the Director or Acting Director forms a reasonable belief that an employee has committed a felony, as defined by the Michigan Penal Code, or in the event of a misdemeanor for which a warrant has been issued, he or she may suspend the employee without pay for such period as is required to reach a final determination through the procedures of this Agreement. If, after a final determination is reached through the procedures of this Agreement, the employee is exonerated or the penalty is reduced to less than the time already served, the employee shall receive all appropriate back pay and other benefits lost during the period of suspension, including full status and seniority. If the employee is issued a disciplinary suspension, the time served on the immediate suspension without pay shall be credited to the employee's disciplinary suspension. In the event criminal charges are brought against the employee, at the employee's written request, the holding of a disciplinary conference shall be postponed until after final adjudication of the criminal proceedings. When an employee has been suspended without pay based upon the Director's belief that he or she has committed a felony as described above, the employee shall be restored to full pay status within 20 calendar days from the date of the suspension unless and until the employee is formally charged or a warrant has been issued for the employee's arrest.

Section 4. Association Participation
Whenever the Employer and the employee mutually request or the employee requests assistancefrom the Association in helping work with an employee who may have engaged in conduct forwhich the employee may be, or has been disciplined, the Association shall cooperate in renderingnecessary assistance.

Section 5. Grievances, Appeals, Discipline Conference and Arbitration

a. Written Warning or Written Reprimand. If an employee believes that any written warning or written reprimand is unfair, unjust, or inaccurate, the employee may appeal within 15 calendar days after notification in writing to their District or Division Commander who shall promptly schedule a Discipline Panel pursuant to Section 6. The decision of the Discipline Panel shall be final.

b. Suspension or Discharge. Upon receipt of written notice of the reasons for a suspension without pay or discharge, an employee may file a grievance pursuant to Article 9 of this Agreement, commencing at Step 3.

c. Imposition of Discipline. Except as provided in Section 3(d) of this Article, no suspension shall be invoked against any employee who has not accepted the discipline until 60 days. following the discipline conference. An employee discharged following a discipline conference shall remain in pay status for purposes of base wages for a period of 60 calendar days following the discipline conference and insurances until conclusion of the grievance process as provided for in Article 9. At the end of the 60-day period, a discharged employee shall be paid for their annual leave credits (excluding BLT hours) and compensatory time following their written request.

d. Suspension Day. Consistent with past practice, the parties agree that for the purposes of implementing suspensions, a suspension "day" is understood as consisting of eight hours regardless of the length of workday to which the affected employee is assigned, and that suspensions of five days or more will be construed as calendar days. The employer has the option of placing an affected employee on an eight-hour workday schedule for any pay period in which a suspension will be imposed.

Section 6. Discipline Panel(1)
The Discipline Panel shall consist of two command officers designated by the District orDivision Commander, the District or Regional Association representative and the employee's Postor Unit representative. If any of the aforementioned members are personally involved in theproposed discipline, that member shall be replaced by a person in an equivalent position at theadjacent District, Post, Unit, or Region. The proceedings shall be conducted with decorum, butshall be informal; however, basic standards of due process and fairness shall apply. If a majorityof the Discipline Panel is unable to agree with reference to a written warning or written reprimandappeal, the discipline imposed shall stand. All employees participating as panelists, the affectedemployee, the employee representative, and witnesses in a Discipline Panel proceeding shallserve or appear without loss of time, pay, or benefits.

(1)See Appendix A for clarification of pay status for Discipline Panel Members.

Section 7. Disciplinary Conference
Whenever the Employer determines that disciplinary action may be appropriate, a disciplinaryconference shall be scheduled with the employee and, if requested by the employee, anAssociation representative. The Employer's representative at the disciplinary conference will bea Human Resources representative and an employee at the rank of Inspector or above. At theconference, the response of the employee to the charges, including the employee's ownexplanation of an incident, if not previously obtained, mitigating circ*mstances, and theemployee's response to action intended or recommended shall be received by the Employer.

Section 8. Arbitral Review
Only the Association has the right to request that a discipline case proceed to arbitration.If the arbitrator reduces the suspension to less than the time already served, the employee shallreceive all appropriate back pay and other benefits lost during the period of suspension, includingfull status and seniority.

If the arbitrator reinstates an employee after discharge, the employee shall receive back pay andother benefits lost during the period of discharge, including status and seniority, consistent withthe arbitration award.

Section 9. Time Limits
All time limits throughout this Article must be complied with except that upon mutual agreementor good cause shown in writing, they may be extended. However, such extension cannot be morethan twice the original time limit.

Section 10. Removal of Pass Days or Forfeiture of Annual Leave
An employee may, upon agreement with the Employer, elect to work without pay on pass daysinplace of suspension without pay for acts of misconduct, up to a maximum of one pass day per28-day work period, or forfeit accrued annual leave or compensatory time credits in lieu ofserving some or all the suspension time. Except for employees with more than 23 years of credited service (including up to two years of credited military service), the Employer may elect to requirean employee on an alternative work schedule to forfeit accrued annual leave or compensatorytime credits in lieu of serving some or all the suspension time. The employee shall determine thecombination of annual leave and compensatory time to be forfeited.

Notification of such action shall not require the presence of an Association representative;however, the employee shall have the right to consult with an Association representative prior tomaking his or her election. Where agreement is reached prior to hearing, no hearing shall be held.

Section 11. Time Limits for Retention of Written Warnings/Written Reprimands
All written warnings shall be destroyed within one year and written reprimands within two yearsof the date of issuance unless the employee receives further disciplinary action for misconduct ofa similar nature. A written warning or written reprimand may be destroyed earlier if the supervisorbelieves the employee's improvement warrants earlier destruction of the written warning orwritten reprimand.

After the time limit for retaining the written warning has expired, no reference to the writtenwarning shall be made for purposes of unrelated discipline or selection process affecting theemployee.

References to any investigatory suspension that does not lead to disciplinary action shall not bemade a part of the employee's personnel file.

Section 12. Limitation of Arbitral Review
No arbitrator shall have the authority to review or remove any written warning, or writtenreprimand.

Part B. Affirmative Assistance – Counseling, Retraining, Interim Service Rating and Demotion

Section 1. Scope
The Employer will utilize affirmative assistance to assist employees who are having difficultiesperforming their jobs satisfactorily or not responsibly fulfilling their employment obligations.Affirmative assistance is not to be considered as discipline.

Section 2. Definition
Affirmative assistance means counseling (verbal and written), retraining, interim serviceRating, and demotion.

Section 3. Corrective Measures
In unsatisfactory job performance as opposed to misconduct, the Employer shall utilizeaffirmative assistance measures. Such measures may include counseling (verbal or written),retraining, interim service rating, and demotion. If measures do not succeed, then the employeemay be demoted or dismissed for cause. It is understood that each and every item of affirmativeassistance need not be utilized when working with unsatisfactory performance. The circ*mstances of each case will determine the measures to be utilized. However, counseling or retraining mustprecede by 15 calendar days an interim service rating, and an interim service rating must precedetermination or demotion.

Section 4. Application
The various affirmative assistance measures will be utilized progressively in the following order:

a. Counseling. Verbal counseling includes the discussion of perceived improprieties in an employee's conduct or work. It also involves the explanation of Departmental expectations and analysis of the employee's work or conduct record in comparison therewith. No record of verbal counseling shall be placed in an employee personnel file. This, however, does not preclude a supervisor from referring to verbal counseling in the event a written counseling memo is issued. Written counseling means the discussion or explanation is reduced to writing with a copy submitted to the employee. Written counseling memos shall be removed from the employee's personnel file after six months unless, within that period, a retraining order, interim service rating or demotion is issued.

b. Retraining. Retraining includes written counseling, and any or all of the following:

1. The establishment of specific, written job performance criteria for the employee;

2. The establishment of reasonable time limits to meet said criteria;

3. The appointment of a fellow employee to assist the employee in meeting job performance criteria and monitoring his or her job performance;

4. The requirement of attendance at any special schools or participation in any special programs designed to improve job knowledge, understanding and performance;

5. Any other reasonable terms, conditions and criteria.

c. Interim Service Rating (Written). This rating includes the personal discussion accompanied by a written summary, outlining unsatisfactory job performance by the employee, specifying improvement requirements, and setting a time limit of not less than 30 nor more than 180 calendar days by which time specified improvement must be made and job performance must be satisfactory. A copy of the rating shall be given to the employee and notice of it shall be given to the Association.

d. Demotion. If, after receipt of an interim service rating, the employee has failed to meet established job performance criteria, the employee may be demoted to a lower classification in which the employee previously exhibited satisfactory job performance.

e. Termination of Employment. If, after receipt of an interim service rating, the employee has failed to meet specified improvement requirements within the time limits established or fails to meet established job performance criteria, the employee's service with the Employer may be terminated.

Section 5. Association Participation
The employee may also utilize the assistance of the Association representative in any appeal,grievance proceeding required by Article 9 of this Agreement, or when the employee is given awritten counseling, retraining order, interim service rating, or notice of demotion.

Section 6. Appeals

a. Counseling (Verbal/Written). No appeal. However, if the employee believes the written counseling is either inaccurate, unwarranted, or that there are mitigating circ*mstances, the employee shall, within ten calendar days, submit a Statement of Response to his or her supervisor, a copy of which shall be attached to the Employer's copy of the written counseling.

b. Retraining. If the employee believes that the retraining order is either inaccurate, unwarranted, or that there are mitigating circ*mstances, or if he or she believes the retraining criteria are arbitrary, capricious, or unreasonable, he or she may, within ten calendar days, appeal in writing to the next level of supervision above the level that imposed the retraining. The party to whom the appeal is directed may confer with the employee and the supervisor imposing the retraining and may set aside, modify, or affirm the retraining order. The appeal shall be determined within ten calendar days. No further appeal shall be permitted.

c. Interim Service Rating. If the employee believes the rating to be inaccurate, unwarranted, unfair, arbitrary, or capricious, or fails to consider mitigating circ*mstances, or that the time limits for compliance are unreasonable, the employee shall, within ten calendar days of issuance of the rating, (1) submit a Statement of Dissent answering and specifying each item in the rating that the employee disagrees with; and (2) appeal in writing to the next level of supervision above the level imposing the Interim Service Rating. The party to whom the appeal is directed shall confer with the employee and the supervisor imposing the Interim Service Rating and may set aside, modify, or affirm the Interim Service Rating within ten calendar days. If dissatisfied with the action of the person to whom the appeal is taken, the employee may, within ten calendar days, appeal to the Director. The Director or his or her designee shall respond within ten calendar days. No further appeal shall be permitted; however, the propriety of the Interim Service Rating may be an issue at any subsequent hearing if the employee is discharged or demoted.

d. Demotion or Termination of Employment. Employees who have been demoted or terminated by reason of unsatisfactory performance may appeal by timely utilization of the grievance procedure commencing at Step 3 in a timely fashion.

Section 7. Limitation on Arbitral Review
No arbitrator shall have the authority to review or remove any counseling (verbal or written),Retraining, or interim service rating. An arbitrator shall only consider prior counseling, retraining,or interim service ratings in an appeal of a demotion or termination.^[2]

Section 1. Grievance Defined
A grievance shall mean a complaint of violation, misapplication, or misinterpretation of thisAgreement, a claim of unreasonable and arbitrary work order, or a claim that rules and regulationsare not reasonable or involve discrimination in application, or a claim of discipline without justcause.

Section 2. Filing a Grievance
Whenever an employee, or the Association acting on behalf of any employee or on behalf of allbargaining unit members, believes a cause for a grievance exists, the grievance procedureprovided in this Article shall be followed. Whenever the grievance must be reduced to writing,the grievance shall be stated in clear and concise language making reference to the Article andSection of this Agreement which is alleged to have been violated or to the specific rule andregulation alleged to be unreasonable or misapplied and shall conform to the specificationsprovided in Section 5 below. Any grievance filed in writing shall be answered in writing.

Section 3. Association Grievance
An Association grievance is defined as a grievance concerning a question which is not anemployee or group grievance. An Association grievance shall start at Step 3 of the grievanceprocedure.

Section 4. Group Grievance
A group grievance is defined as a grievance in which the complaints raised are the same withregard to more than one employee at one or more work locations. A group grievance that involvesmore than one work location shall start at Step 2 of the grievance procedure.

Section 5. Grievance Content
Any employee, Association, or group grievance shall, when required to be in writing, specify:

a. Name of grievant;

b. Date of filing;

c. Date of alleged violation;

d. Synopsis of events and statements of facts in support of the grievance;

e. List of known witnesses to alleged contract violation;

f. Contract Article(s) and Section(s) allegedly violated or rules and regulations claimed to be unreasonable or misapplied; and

g. Adjustment requested.

Section 6. Presenting a Grievance
In processing any grievance, the following steps shall be observed, unless otherwiseindicated in this agreement.

Step 1: Immediate Supervisor. An employee who has a grievance shall orally discuss it with hisor her immediate supervisor within seven days of notice of a cause for grievance. For the purposeof this Section, neither Troopers nor Sergeants shall be considered immediate supervisors. Theimmediate supervisor shall have seven days from the date of discussion to orally inform theemployee of his or her answers.

Step 2: District or Division Commander. If the grievance is not resolved at the first step andappeal is sought, the employee or the Association representative shall reduce the grievance towriting upon forms mutually agreed to by the Employer and the Association. The employee orthe Association shall forward the grievance to the District or Division Commander within sevendays of receipt of the answer of the immediate supervisor or, in case of an Association grievanceor group grievance, within 14 days of the occurrence giving rise to the grievance.Within seven days of receipt of the written grievance, a meeting may be held to discuss thegrievance. The District or Division Commander, or his or her designee, shall, within 14 days fromthe date of receipt of the written grievance, present to the employee and the Association a writtenanswer to the grievance.

Step 3: Director or Designee. If the written answer at the Step 2 does not resolve the grievanceand the grievant believes the matter should be carried further, the grievant or the Association may,within seven days after the receipt of the written Step 2 answer, appeal the grievance to theDirector or his or her designee. A meeting may be held to discuss the grievance. Within 14 daysafter receipt of the grievance at Step 3, a written answer to the grievance shall be presented ormailed to the grievant and the Association.

Step 4: Arbitration. In the event any employee, Association or group grievance is not resolved atStep 3, the grievance(s) may be referred to arbitration by the Association. Notice of any referralto arbitration must be within 14 days after the date the lower Step 3 answer was sent to theAssociation. The notice shall be in writing and served on the Employer by the Association inperson, by mail, or by electronic means. Any grievance not answered by the Employer at the Step3 level within 14 days may be referred to arbitration by the Association. However, if theAssociation seeks to proceed to arbitration on a discipline case under Article 8, Part A, Sections5 and 7, the Association may begin the Grievance process at this Step.

Before the arbitration hearing, and upon the request of either party, the representatives of theparties shall confer to explore settlement possibilities, narrow the issue(s) for the arbitrator,identify the witness to be called in person or by telephone, identify exhibits, and otherwisefacilitate the arbitration process.

The arbitration selection process shall be as follows: Within 30 days after execution of thisAgreement and annually thereafter, the Association and Employer shall simultaneously exchangethe names of eight, bona fide labor arbitrators (who are members of the National Academy of arbitrators, or on the American Arbitration Association or Federal Mediation and ConciliationService Rolls). Each party shall then have the right to strike five names from the other party'slist. The six remaining names shall be the panel of arbitrators to be used in the event of anygrievance-arbitration matter.

Only the Association may advance a grievance to arbitration. No individual employee or groupof employees shall have the right to advance any grievance to arbitration without the expressauthority of the Association.

When the demand for arbitration is received by the Employer, representatives of the Associationand Employer shall meet and select the arbitrator by blind draw or lottery —two of the six shallbe drawn. The first name drawn will be the arbitrator and second name drawn is the alternate inthe event the first arbitrator refuses or is unable to serve.

By letter jointly signed, the arbitrator will be requested to serve, provide dates for the hearing,and provide a copy of his or her fee schedule. Copies of the grievance, answer and the grievance arbitration procedure shall accompany the letter.Unless mutually agreed otherwise, arbitrations involving suspensions, demotions or dischargesshall be held within 30 calendar days. In the event the selected arbitrator is unable to convene ahearing within 30 days, the parties shall seek alternate arbitrators from the panel who are able toconvene a hearing within 30 days.

In light of the practical difficulty in scheduling arbitrations within 30 days as provided in thepreceding paragraph, it is agreed that where (1) an employee has been discharged following adisciplinary conference, or where (2) an employee who was suspended without pay under Part A,Section 3d of Article 8 is no longer the subject of active criminal investigation or prosecution,the following procedure will be applied:

a. Within 3 days of the disciplinary conference in (1) above or issuing a statement of charges proposing termination in (2) above, the parties shall select an arbitrator and an alternate as provided in this section.

b. The Association will contact first the arbitrator then the alternate to determine if either can convene a hearing within 30 days and, if not, the earliest available dates for each. If the arbitrator or the alternate are scheduled for hearing on another non-discharge matter between the parties, the Association may elect to substitute the discharge case on that date and postpone hearing of the non-discharge matter to a later date.

c. Upon confirming a hearing date, the Association will immediately notify the Employer of the date and location of the hearing and the parties will appear on the hearing date prepared to proceed. The Association will provide at least seven working days' notice of the hearing date.

d. In the event that closing arguments are to be submitted in writing to the arbitrator following the hearing, the parties stipulate to submission and exchange of the arguments within 15 days of the close of proofs or, if applicable, the receipt of the transcripts of the hearing.

The hearing and its decorum shall be in accordance with the American Arbitration Associationrules unless otherwise provided in this Agreement, or mutually agreed upon. The parties mayagree to submit several issues at the same time to arbitration, particularly if they are related toeach other. Upon request, prior to a scheduled arbitration hearing, all documents or other materialsnot previously provided or exchanged which either party intends to use as evidence for their "casein chief" will be forwarded to the other party. The parties shall have the individual responsibilityof placing in writing their assertions and claims and defining the issues.

The arbitrator shall hear the grievance in dispute and shall render a decision in writing within 30days from the close of the hearing. The arbitrator's decision shall be submitted in writing, and ifavailable in electronic format, and shall set forth the findings and conclusions with respect to theissues submitted to arbitration. The arbitrator's decision shall be final and binding upon theEmployer, the Association, and the employee(s) involved.

The arbitrator shall have no authority except to pass upon alleged violations of the expressedwritten provisions of this Agreement, the unreasonableness or misapplication of a rule orregulation, that a work order was unreasonable and arbitrary or involves discrimination inapplication, or a claim of suspension, discharge, or demotion without just cause.

The arbitrator shall have no power or authority to add to, subtract from, ignore, or modify any ofthe terms of this Agreement and shall not substitute his or her judgment for that of the Employerwhere the Employer is given discretion by the terms of this Agreement.

The arbitrator shall construe this Agreement in a manner which does not interfere with theexercise of either the Employer's or the employees' and the Association's rights andresponsibilities, except to the extent that such rights and responsibilities may be expressly limitedby the terms of this Agreement.

The arbitrator shall not render any decision which would require or permit an action in violationof the Constitution of the United States or the Constitution of the State of Michigan.

The arbitrator may take steps necessary to correct any abuse or to provide a fair resolution to thegrievance or issues presented; however, the arbitrator is without authority to change or rewriteany provisions of the Agreement or insert his or her wisdom for that of the Employer orAssociation. The arbitrator shall have no authority to award back pay for a period of time ofmore than 30 days from the date the written grievance was filed, except in instances of demotion,suspension, or discharge.

There shall be no appeal of the decision of the arbitrator if made in accordance with thejurisdiction and authority conferred upon the arbitrator by this Agreement. However, any decisionof the arbitrator, which a party fails to comply with, shall be enforceable by law.

Section 7. Reprisals
There shall be no reprisals taken against a grievant, any party in interest to said grievance,an Association representative or officer, or against any witness or participant in the grievance procedure by reason of such participation by either the Employer or the Association.

Section 8. Time Limits
The words "days" herein used shall mean calendar days. Time limits may be extended by themutual agreement of the parties in writing. If an answer is not timely submitted, the grievant(s)or Association may take said grievance to the next step in the grievance procedure by so notifyingthe Employer.

Section 9. Representation
The employee or group of employees shall have the right of Association representation orAssociation counsel upon request at each step of the grievance procedure. The Association shallbe the exclusive representative of the employee in all matters pertaining to the enforcement ofany rights of the employee under the provisions of this Article.

Section 10. Cost of Proceedings
Except as provided in Article 8 and Appendix A for discipline cases, each party shall pay its owncost of arbitration procedures, including participants. The fee of the arbitrator, his or her travelexpenses, the cost of any room or facilities, and the expenses of the arbitration, including filingfees, shall be borne by the party determined by the arbitrator to have been in the wrong, or thearbitrator may allocate the cost between the parties where neither party prevailed in whole. In theevent of a pre-hearing settlement or an adjournment mutually agreed upon by the parties, anyarbitrator's cancellation fee shall be borne equally by the parties. The expense of a stenographeror a transcript, if any, shall be borne by the party requesting it or equally among the partiesrequesting it, if more than one party requests.

Section 11. Scope of Review
Wherever review is provided elsewhere in this Agreement (i.e., certain limited forms ofdisciplinary action, hardship and employee conduct transfers, probationary employees, and unfairlabor practice charges), such review shall be exclusive and not appealable under anycirc*mstances under this Article.

Section 12. Promotions
All complaints and grievances with reference to promotions shall be governed by Civil Servicerules, regulations, procedures, and appeal processes.^[2]

Part A. Seniority

Section 1. Definitions
Seniority shall, for the purposes stated in this Agreement, be defined three ways:

a. Time in Service. Except as provided below, time in service shall be calculated from the employee's first date of a successfully completed recruit school but becomes applicable after successful completion of the probationary period. Employees in the 89½ Recruit School shall have their time in service seniority computed from May 3, 1976. Employees in the 97th Recruit School shall have their time in service seniority computed from January 17, 1982. Employees in the 111th Recruit School shall have their time in service seniority computed from January 15, 1995.

b. Time in Classification Shall be calculated from the effective date of the assignment in the employee's current classification. Any time served in a former classification that, through the Civil Service law enforcement benchmark, becomes one of the classifications listed in Article 1, Section 2 of this Agreement, shall also be included in time-in- classification seniority. In addition, time-in-classification seniority shall includes all time served in the classification in the event the employee had more than one assignment in his or her current classification, except that time served in another classification shall not be counted.

c. Time in Rank Shall be calculated from the effective date of promotion to the sergeant rank and shall include all time served in the State Police Sergeant 12, State Police Det. 12 (Sgt.), State Police Spl. 12 (Sgt.), and State Police Aircraft Pilot 12 classifications as well as all time served at the rank of Sergeant.

d. Time spent in the armed forces on military leaves of absence, other authorized leaves, while on layoff status not to exceed two years, and time lost because of disability retirement shall be included in time in service.

Section 2. Loss of Seniority
Seniority (i.e., time in service, time in rank, and time in classification) shall be tolled for absencesthat result when the employee takes any of the following actions. (If subsequently reinstated orrehired, the employee's seniority date shall be adjusted to deduct time separated from the enlistedranks of the Department. Employees reinstated prior to the effective date of this Agreement shallhave their seniority adjusted in accordance with the contract language that was in effect at thetime of their reinstatement.):

a. Quits or resigns.

b. Retires [except as provided in Section 1(d)].

c. Is absent without leave for a period of four or more consecutive scheduled working days.

d. Is discharged.

e. Fails to timely return without permission from:

1. Leave of absence.

2. Recall after layoff and after receipt of timely and proper notice pursuant to the Layoff Provisions of this Agreement.

3. Sick Leave.

4. Annual Leave.

f. Is on layoff for a period of time equivalent to the employee's accumulated time in service seniority or 24 months, whichever occurs first.

g. An employee who responds to notice of recall from layoff but does not immediately accept the recall position and is subsequently reinstated in the Department shall have his or her seniority date adjusted to deduct time from the initial offer of recall to reinstatement.

Section 3. Applicability to Benefits
Seniority as defined herein shall not applicable to the determination of eligibility foreconomic benefits that are based upon service time, except as otherwise stated in this Agreement.

Section 4. Application of Seniority
When seniority is to be applied in various provisions in this Agreement, seniority shall bedetermined either by the employee's time in classification, time in rank, or by the employee's timein service, whichever is indicated as applicable.

Section 5. Supervisor Reduction
An employee demoted or bumped to a position in the bargaining unit shall be credited with allaccumulated departmental seniority. Credited service at the lieutenant or higher rank shall beincluded in all calculations of seniority.

Section 6. Seniority Computation
Where two or more sergeants have the same time in classification, seniority shall be determinedby time in rank. Where two or more sergeants have the same time in rank, seniority shall bedetermined by time in service. Where two or more troopers have the same time in classification,seniority shall be determined by time in service.

Where two or more employees have the same time in service, seniority shall be determined byfinal recruit school class standing. Where two or more employees have the same final recruitschool standing, seniority shall be determined by final composite entry level Civil Service Score.Where two or more employees have the same final composite entry level Civil Service Score,seniority shall then be determined by adding the last four digits of an employee's Social Securitynumber, with the greatest number equating to the greatest seniority.

Part B. Probationary Employees

Section 1. Probationary Period
For the purposes of exercising rights under this contract, all employees undergoing the requiredinitial probationary period for the purposes of evaluation and training, including the time spent in"recruit school," shall be deemed probationary employees. The probation period shall beconsistent with established Civil Service Rules and Regulations.

Section 2. Rights of Probationary Employees
A probationary employee, while assigned to the Michigan State Police Academy, and prior tobeing "sworn" as a Michigan State Police Trooper, shall only be entitled to the basic wage andfringe benefit provisions of this Agreement.

Upon graduation from recruit school and taking the sworn oath of office as a Michigan StatePolice Trooper, a probationary employee shall have all the rights afforded to any other employeecovered by this Agreement, except the following:

a. The employee shall not be entitled to the protections of the discipline provisions of this Agreement until 30 days after graduation from recruit school;

b. The employee will not be entitled to shift trading rights until 90 days after graduation from recruit school;

c. The Employer shall have discretion with reference to shift assignments and shift rotation until the employee has completed one year of service and is confirmed to work single officer patrol;

d. Probationary Troopers who have completed one year of service and are confirmed to work single officer patrol shall be treated as in the same classification as non- probationary Troopers for contractual provisions that recognize classification as a factor;

e. Except as required by the Fair Labor Standards Act, time spent by the probationary employee in training, studies, and other required educational activities and skill training outside of 80 hours in any two-week pay period shall not be considered as "on duty" time;

f. The probationary employee shall not be entitled to the benefits or protections of the affirmative assistance provisions of this contract.

Section 3. Termination of Probationary Employee
Not less than three written evaluations shall be prepared by the post commander or otherassigned personnel summarizing job performance of all probationary employees at establishedintervals, which report shall be reviewed with the probationary employee. These evaluationsextend, but are not limited to, such subjects as work performance, attendance, personality,temperament, ability to deal with the public (if the probationary employee is assigned such work),and other related areas of police work. These evaluations may be considered by the Employer indetermining to retain the employee or to terminate his or her employment with the Department.

If, during the portion of the initial probationary period subsequent to recruit school, theDepartment has reason to believe, based upon the evaluations of supervisory personnel, that aprobationary employee's employment should be terminated, the Employer shall advise theemployee and the Association in writing at least 30 calendar days before the termination of theprobationary period. The employee, if he or she desires to contest such determination, shall,within five calendar days of receipt of notice, request a conference with the immediate superiorof the person making the determination to terminate his or her employment. After suchconference, the reviewing officer shall make his or her determination within five calendar daysand either rescind or affirm the order of termination, immediately providing written notice to theemployee affected.

If the employee desires to contest this determination, he or she shall, within five calendar days ofreceipt of notice, file a request for a hearing with the Director. A hearing will be conducted withinfive calendar days by the Director or his or her designee. Within five calendar days of theconclusion of the hearing, the Director may either rescind or affirm termination, notifying theemployee affected. No employee who has requested a review or a hearing shall be terminatedfrom employment until after completion of the conference and hearing procedures, and untilreceipt of the Director's final determination. The Director's determination shall not be appealablethrough the grievance procedure of this agreement^[2]

Section 1. Seniority Definitions

a. Time in service seniority shall be defined pursuant to Article 11, Part A, Section 1 of the Agreement.

b. Time in classification seniority shall be defined pursuant to Article 11, Part A, Section 1 of the Agreement. Any time served in a former classification that, through the Civil Service Law Enforcement benchmark, becomes one of the classifications listed in Articl 1, Section 2 of the Agreement, shall also be included in time in classification seniority. In addition, time in classification seniority shall include all time served in the classification in the event the employee had more than one assignment in his or her current classification, except that time served in another classification shall not be counted.

c. Time in rank seniority shall be calculated from the effective date of promotion to the sergeant rank and shall include all time served in the State Police Sergeant 12, State Police Det. 12 (Sgt.), State Police Spl. 12 (Sgt.), and State Police Aircraft Pilot 12 classifications, as well as all time served at the rank of sergeant.

d. Article 11, Part A, Section 2 shall apply to any employee who separated after July 1, 1980, for any of the conditions listed in that Section.

e. Notwithstanding other sections of this Article pertaining to seniority in layoff and recall, the Employer may layoff, bump, and recall out of line seniority to continue or initiate a Civil Service Commission-approved selective certification.

Section 2. Layoffs
In the event of a reduction in force, employees will be laid off in accordance with inverse orderof seniority and qualifications as set forth in this Article. A layoff occurs when an employeeactually leaves state employment or is demoted as a result of a position abolishment.

a. Layoff Rationale

1. In the event the Department intends to utilize the layoff procedures provided for in this Article, the Department shall provide the Association with its written rationale as to why the layoff of bargaining unit employees is required. Such rationale shall normally be provided at least 30 calendar days in advance of the expected date of layoffs, unless the Department could not reasonably have known at such time that layoffs would be required.

2. Such rationale shall include a plan of layoffs and such authoritative budgetary information in the Department's possession as is reasonably necessary to demonstrate that current or expected appropriations or allotments to Departmental accounts are or will be insufficient to sustain the current Departmental programs and workforce at their current or previously anticipated levels. In addition, the Department's rationale shall identify those efforts the Department has made, and will be making, to develop alternatives to avoid or minimize the extent and/or duration of unit employee layoffs.

3. Upon Association request, the Department will supply the Association with information and estimates in its possession regarding the cost reductions the Department is achieving or expects to achieve in non-personnel accounts, as well as cost reductions the Department expects to achieve through layoff of, or layoff avoidance programs for, other Departmental employees not within this bargaining unit.

4. The Association shall have the right to promptly respond to the Department's plan of layoffs and suggest alternatives to layoff or alternative layoff proposals. Such response may include the right to hold a special conference with the Director.

Nothing herein shall be construed to require the Employer to negotiate with the Association with respect to the layoff or retention of employees within or outside this bargaining unit, nor shall it be construed to restrict the Department's discretion to determine the nature and level of services to be provided, staffing levels within the Department, or to implement layoffs.

b. Layoff Form to Employees

When a reduction in force is anticipated, the Employer shall notify the Association and send to each employee who may be affected by the reduction a layoff-bumping preference form. This form is to be filled out and returned to the Employer within seven calendar days.

c. Layoff Implementation

Whenever the employer implements a reduction in force in the Department, the following policy shall apply:

1. For purposes of bumping, a vacant position which the Department intends to fill shall be considered the least senior position.

2. In order to exercise a bumping option, an employee must possess greater seniority than the employee to be bumped.

3. If the employee being laid off is a sergeant, the employee shall have the option of being laid off or bumping the least senior sergeant at the same work unit or facility (for the purposes of this Section, all work locations within a 15-mile radius from the physical location of assignment shall be considered one unit or facility), if any or if none, may bump the least senior sergeant within the Department. The employee shall bear all expenses related to any relocation caused by this bumping.

A laid off sergeant will exercise his or her option to bump another sergeant pursuant to Article 12, Section 1 of the Agreement by applying time in rank seniority among other sergeants.

4. Any least senior sergeant being bumped or laid off in accordance with Paragraph 3 above shall have the option of:

i. Being laid off;

ii. Bumping the least senior trooper in the work location; or

iii. Bumping the least senior sergeant in the state.

If no trooper is assigned in a unit or work location where sergeant(s) are scheduled for layoff, then such sergeant(s) may bump the least senior trooper within a radius of 15 miles from his or her unit location (from the physical location of assignment); and, if no troopers are located within 15 miles, he or she may bump the least senior trooper at the nearest post or work location, with the exception of Lansing area units. At such Lansing area units, the sergeant or sergeants being laid off shall have the option of bumping the least senior sergeant(s) in the Department or may bump the least senior trooper(s) at work locations within a 50- mile radius of the Headquarters location, provided that if this latter option is exercised, the Employer may proportionately determine the location or locations such sergeants will bump to. A sergeant will exercise his or her option to bump a trooper, pursuant to this section of the Agreement, by applying time in service seniority. A trooper will exercise his or her option to bump a trooper, pursuant to this section of the Agreement, by applying time in service seniority.

5. When layoffs are made within the rank of trooper, the Employer will lay off the least senior trooper in the program component or work unit according to time in service seniority.

6. Any least senior trooper laid off or bumped in accordance with this Article shall have the option of:

i. Being laid off; or

ii. Bumping the least senior trooper in the Department. If the employee opts to utilize the bumping provision, the Employer shall assign the employee to a position anywhere in the Department. Because the employee has no option to bump at his or her same location, the Employer shall bear all expenses related to any relocation as provided in Article 13.

7. Any employee bumping into the Michigan Intelligence Operations Center must have completed the specialized unit training within the last three years preceding the bump and have had former satisfactory experience in the job. Additionally, the employee must receive a Federal security "secret clearance" in order to remain in the section following the bump. The above "bump protection" shall not exceed eight bargaining unit employees in the section.

8. After reaching tentative conclusions in regard to the "bumping" moves, the Employer shall meet with the Association for review of the moves. The purpose is to receive input from the Association in order to make sure that, to the extent practical, the "bumping" moves are made in accord with this Agreement and to resolve any problems.

9. Whenever an employee has exercised an option to bump resulting in a relocation of more than 15 radius miles, the Employer may honor a request from another employee to voluntarily accept the relocation in lieu of the bumping employee. In those circ*mstances where such requests are honored, the Employer shall not be required to pay any relocation expenses. The decision to honor such voluntary requests is at the sole discretion of the Employer and is not grievable.

Section 3. Position Exemptions
In regard to any kind of layoff or reduction, it is recognized the Employer may, in its solediscretion, exempt certain jobs from being "bumped" into unless the employee who is exercisingthe "bumping" option has former satisfactory experience in the job(s). However, the Employermay not exempt positions exceeding more than 50% of the total number of employees on layoffat any time. In no event may such exempt positions exceed 50 in total number. Notice exemptingcertain jobs from "bumping" must be stated by the Employer on the layoff-bumping preferenceform in order to be exempt from layoff. Employees in these specially-qualified jobs may besubject to layoff, in which event they have the same "bumping" options as other employees.

Section 4. Limitations and Understandings

a. During times of scheduled layoffs, it is understood that the following provisions apply to employees who remain employed and retain rank within the bargaining unit:

1. During a layoff period, recall rights supersede the voluntary transfer process.

2. Layoff-bumping shall not be used for promotional purposes.

3. Promotions of troopers currently serving in pattern positions are not prohibited.

4. Reassignments in accordance with Article 14 are not prohibited.

5. Temporary assignments are not prohibited.

6. Hardship transfers as provided for in Article 13, Section 4. A. and Employee Special Circ*mstance Transfers as provided for in Article 13, Section 5 are not prohibited.

7. Any transfer that has been announced via an official Department publication prior to the time the Association receives notice of layoffs shall not be held in abeyance.

8. The voluntary transfer process shall be held in abeyance until the layoff period terminates in accordance with Section 4. c. of this article.

b. During a layoff period it is understood that the following provisions apply to employees who are demoted or become unemployed due to a layoff:

1. Statewide recall rights apply for purpose of re-employment into the bargaining unit or recall to the former rank.

2. Once recalled into the bargaining unit, all other recall rights permitted under this Article shall apply. See Section 4. a. above.

3. The hiring process is held in abeyance until the statewide recall list is exhausted.

4. Only troopers who are laid off and become unemployed or sergeants who are demoted in rank or become unemployed shall have a statewide right of recall according to seniority as defined in Article 11, Part A, Section 1 of the Agreement, for a period of ten (10) years. Statewide recall rights are limited to two opportunities to exercise this right.

5. Nothing in this section precludes the Employer from recalling an employee from the statewide recall list directly into a position which represents the employee's special, primary or secondary right of recall.

6. When two or more employees who have been laid off and become unemployed are recalled at the same time, the Employer will notify the Association of the number of employees to be recalled and the locations to which recall will occur based on operational need. In seniority order, those employees shall first be offered their primary right of recall location if such location is one to which the Employer has notified the Association will be filled by recall. After the primary rights of recall within the group to be recalled have been exhausted, the remaining employees will be offered their secondary right of recall, if applicable and available from the locations to be filled. In the event an employee's primary right of recall and applicable secondary right of recall location are not available, employees will be offered statewide recall based upon seniority. Seniority rights will apply if more than one employee being recalled is on the same recall list for the same location.

c. A layoff period terminates when all employees who have left the Department have been offered the opportunity to return to the Department at their former rank and all employees who are reduced in rank have been offered the opportunity to return to their former rank.

Section 5. Recall Notice
Employees being recalled shall be notified by a verifiable method of contact. Such methods mayinclude e-mail, telephone, facsimile, in person, or US mail. If the contact is by US mail, it will besent by certified or registered mail to the employee's last-known address of record. Within fourbusiness days from the date the contact was made by e- mail, telephone, facsimile, or in person,the employee must notify the Employer of his or her decision to accept the recall position. If thecontact was made by US mail, the recalled employee must notify the Employer of his or herdecision to accept the recall position within seven business days from the date the letter waspostmarked.

For purposes of this section, "business days" shall be Monday through Friday, exclusive of stateholidays.

Unless otherwise mutually agreed by the employee and the Employer, the employee shall reportfor duty in not less than seven days after notification to Human Resources, or shall report at suchlater date specified in the notice.

Section 6. Recall Rights and Recall Procedure

a. The recalling of laid off employees will be in the opposite order of layoffs (i.e., the most senior qualified employee shall be recalled first) as set forth below:

1. Trooper Recall

If the recall is to a trooper position, recall notice shall be sent to the most senior employee on layoff. Troopers are eligible for special, primary, secondary, and statewide recall rights. Recall rights shall be honored in the following order:

i. Any trooper who was bumped or laid off will have a special right of recall (if applicable) to the identical position they vacated at the time of the reduction in force for a period of ten (10) years.

ii. Any trooper who was bumped or laid off will have a primary right of recall according to seniority to the work location from which they were bumped or laid off for a period of ten (10) years. For the purposes of this section, a work location means the actual building the trooper was located in with the exception of Lansing where all locations within fifteen (15) radius miles of headquarters are defined as one work location.

iii. Any trooper who was bumped or laid off may elect to designate up to four (4) additional work locations of their choice as secondary right of recall according to seniority for a period of ten (10) years.

2. Sergeant Recall

If the recall is to a sergeant position, recall notice shall be sent to the most senior sergeant on layoff. Sergeants are eligible for special, primary, secondary, and statewide recall rights. Recall rights shall be honored in the following order:

i. Any sergeant who was bumped or laid off will have a special right of recall to the identical position they vacated at the time of the reduction in force for a period of ten (10) years.

ii. Any sergeant who was bumped or laid off will have a primary right of recall according to seniority to the work location from which they were bumped or laid off for a period of ten (10) years. For the purposes of this section, a work location means the actual building the employee was located in with the exception of Lansing where all locations within fifteen (15) radius miles of headquarters are defined as one work location.

iii. Any sergeant who was bumped or laid off may elect to designate up to four (4) additional work locations of their choice as secondary right of recall according to seniority for a period of ten (10) years.

b. After reaching tentative conclusions in regard to a general recall, the Employer shall meet with the Association for review of the recall and moves. The purpose is to receive input from the Association in order to make sure that, to the extent practicable, the recalls and the moves are in keeping with Section 6. a. above and to resolve any problems.

c. It is understood that, except as otherwise provided herein, recalls within a class shall be by seniority.

d. The recalling of laid off employees will be according to the following procedure:

1. If recalled to a position based on the special right of recall, the employee will be removed from the special, primary, and secondary recall lists. Any employee rejecting or failing to respond to a special right of recall will be removed from all recall lists.

2. If recalled to a work location based on the primary right of recall, the employee will be removed from all secondary lists and the statewide list but will remain eligible for special right of recall (if applicable). Any employee rejecting or failing to respond to a primary right of recall will be removed from both the primary and secondary recall lists respectively.

3. If recalled to a designated secondary location, the employee will be removed from the statewide list but will remain eligible for recall to the remaining secondary locations (if any), the primary location, and any special right of recall position (if applicable). Any employee rejecting or failing to respond to a recall to a secondary right of recall location will be limited to a period of five (5) years eligibility from the time of layoff for both the primary right of recall location and any remaining secondary right of recall locations.

4. If recalled via the statewide list, the employee will be removed from the statewide list but will remain eligible for recall to secondary locations (if any), the primary location, and any special right of recall position (if applicable). Any employee rejecting or failing to respond to a statewide right of recall position, except for medical reasons, shall be placed on the bottom of the statewide recall list. Employees who reject or fail to respond to a second statewide recall shall be removed from the statewide recall list.

e. An officer demoted from a supervisory position to a position in the bargaining unit shall be credited with all accumulated seniority in the enlisted ranks. Time spent above the rank of sergeant shall be added to the time spent at the rank of sergeant.

Section 7. Recall Forfeiture

a. Employees who became unemployed due to layoff and fail to timely respond to the recall notice or timely report for duty shall forfeit their employment rights and be removed from the employment rolls. For good cause shown, however, after establishment of valid reasons for untimely responding, an employee may continue on the recall list but shall have only future recall rights.

b. Employees who became unemployed due to a layoff and refuse to accept a recall position, except for medical reasons, shall be placed on the bottom of the statewide recall list. Employees who reject a second recall shall be removed from the employment rolls.

Section 8. Layoff/Recall Expenses
Employees exercising their "bumping" or recall option, except as provided in Section2. c. 6. ii., shall bear all expenses involved in the relocation and no employee shall be required torelocate his or her residency during periods of layoff.

Section 9. Leave Credits

a. Upon layoff from the department, all accumulated leave credits, except compensatory time, shall be frozen. Upon recall from layoff, such frozen leave balances shall be recredited to the employee.

b. At the written request of the employee, any annual leave and/or deferred hours (Plan B) may be liquidated by lump sum cash payment by the department after the effective date of layoff.

c. If the employee suffers a loss of seniority, pursuant to Article 11, Part A, Section 2 of the Agreement, any frozen leave balances will be paid to the employee as if the employee has separated from the department.

Section 10. Grievance
The enforcement of this Article shall be by timely utilization of the grievance procedure of thisAgreement.^[2]

Section 1. General Departmental Transfers
The transfer of employees from one post, unit, or section to another shall be made solely for goodcause and for the reasons and circ*mstances set forth in this Article.

Section 2. First Assignment
The first assignment is the assignment of a probationary trooper from a recruit training status toan operational probationary duty status. Such assignments will be according to departmentalfindings of personnel requirements. Each employee shall also be subject to one mandatorytransfer, at the discretion of the Employer, for up to three years after first assignment from recruitschool. Except in cases of hardship, employees are not eligible for voluntary transfer during thefirst 12 months following their first assignment.

Section 3. Transfer for Operational Requirements
Transfer for operational requirements may occur when the Director determines that any unit doesnot have sufficient or qualified personnel to effectively perform its mission. It may also occurwhen a new unit is established. These transfers will be made first by voluntary transfer, asdescribed herein; and, if there are no employees who have requested the transfer location, thenthe transfer will be made by a mandatory transfer, as described herein.

a. Trooper Transfers. As applied to troopers, transfers are lateral movements within classification from one post, unit, or section location to another post, unit, or section location of more than 15 road miles, except as provided in Article 15. However, for purposes of this Article, troopers requesting transfer from the Special Investigation Division (Detective Trooper Specialist) shall be considered to be in the same classification as Trooper E11.

b. Sergeant Transfers. As applied to sergeants, transfers are lateral movements within rank from one post, unit, or section location to another post, unit, or section location of more than 15 road miles, except as provided in Article 15.

Section 4. Voluntary Transfers
While the Employer retains the right to make transfers as an executive police command function,it will endeavor to make transfers via voluntary requests. Voluntary transfers include hardshiptransfers and transfer requests, as set forth herein. No employee shall have a right to transfer to apost, unit, or section where there would be a direct reporting relationship with an immediatefamily member, as defined in Article 31 a. 2.

a. Hardship Transfer. A legitimate hardship transfer request to another post or section location may be honored where the Transfer Review Board determines that a hardship exists. For the purposes of this subsection, hardship means a health condition of an employee or an employee's immediate family (defined as spouse, children, parents, or spouse's parents) requiring an employee's presence or availability in another location for an extended period of time. All hardship transfer requests shall be in writing to the Director and clearly set forth the circ*mstances of the hardship. Upon receipt of the request, an investigation of the situation shall be conducted by an appropriate officer upon order of the Director. The investigator's findings shall be promptly submitted to the Transfer Review Board. Hardship transfer requests will be given first priority over other transfers. However, the Employer retains the right to determine the location to which the employee will be transferred if the Transfer Review Board determines a hardship exists.

b. Change in Hardship Status. In the event that an employee's request for hardship is denied by the Transfer Review Board, he or she may request a new hearing only if the circ*mstances leading to the earlier hardship request have changed significantly. The employee may submit to the Transfer Review Board an interoffice correspondence detailing the changes as a subsequent request for consideration. The Transfer Review Board shall consider the new request and render a decision as to whether the matter should be scheduled for a new hearing. In the event that an employee's request for hardship transfer is initially granted and the circ*mstances leading to the hardship transfer change before the transfer is actually made, the Transfer Review Board reserves the right to revoke or remove the employee's priority status on the transfer roster.

c. Voluntary Transfer Requests. Any employee desiring to be considered for transfer shall submit within 21 calendar days of the vacancy posting by electronic transmission or, if unavailable, a Transfer Request memorandum to the Department with copies to his or her post and division commander specifying his or her present post, rank, time in service, location(s) sought, and any qualifications the employee possesses. Employees shall have access to, and be allowed a reasonable time to review and respond to, the vacancy notice during scheduled work hours.

The Employer may exempt employees from transfer but it is understood that, in order to apply the exemption, the Employer will demonstrate that such exempted employee holds a key assignment.

Although the parties recognize that employees are generally eligible to request a voluntary transfer in response to a vacancy posting, the Employer shall have the right, not more than eight times each calendar year, to peremptorily fill a vacancy in any manner it chooses and, not more than eight times each calendar year, to withdraw a posted vacancy notice prior to the transfer of the employee when it would otherwise be required to transfer an employee pursuant to a posted vacancy.

The voluntary transfer process shall be applied in the following manner:

1. Trooper. When transfers are to be made (except as provided for special circ*mstances and hardships,), the transfer shall be made on the basis of time in service seniority and qualification. Transfers within the Departmental Marine Services Team, Canine Unit, Emergency Support Team, Accident Reconstruction, Motorcycle Unit, and Cyber Section may be made on the basis of time in service seniority and qualification.

2. Sergeant. Any sergeant-level vacancy which the Employer intends to fill may be filled by a reassignment. However, if the Employer does not fill the vacancy by reassignment, the vacancy shall be filled first by a transfer (and not a promotion or other personnel move). Thereafter (or in the event that no sergeant has requested a transfer to this location), the Employer may then fill the new vacancy created by this transfer, in its discretion, by promotion, demotion, transfer, reassignment, return from leave of absence, or reinstatement. Any sergeant-level vacancy created by filling the latter vacancy other than one caused by the Employer's use of the transfer process shall be treated as a new vacancy for purposes of this Section if the Employer intends to fill it.

3. Exceptions to Sergeant Transfers. The following sergeant-level positions, when vacant, are not required to be filled by resort to the voluntary transfer process, but may be filled in any manner chosen by the Employer, consistent with regulations of the Department of Civil Service:

a) Special Application Position Employees

b) Training Division

c) Forensic Science Division

d) Aircraft Pilot

e) Canine Trainer/Handler

f) Marine Services Team

g) Emergency Support Team

h) The Prevention Services Section positions in the Grants and Community Services Division (Lansing)

i) The Traffic Services positions in the Special Operations Division (Lansing)

j) Cyber Section

k) Polygraph

d. Transfer Exception. Once a voluntary transfer is requested, the selected employee, including an employee over the median seniority, is obligated to take the transfer regardless of any change in the employee's circ*mstances. However, the Employer has sole discretion to make an exception to this obligation and the decision of the Employer in exercising this discretion is final and is not grievable. Should the Employer make an exception to this obligation, the Employer shall grant the transfer of the next most senior applicant for the vacancy.

e. Qualifications. In order to be considered for a transfer, an employee must be qualified for the position as determined by the Michigan Department of Civil Service. Any and all grievances regarding the qualification of an employee shall be appealed through procedures established by the Michigan Department of Civil Service and not through the grievance procedure of this Agreement.

f. New Work Site. If the Employer elects to move an existing work site from one location to another, bargaining unit members assigned to the original work site may be relocated to the new work site. The transfer process will apply only to the extent that the staffing at the new work site exceeds the staffing at the former work site. Eligibility for relocation expenses will be consistent with the provisions of Sections 12 through 17 of this Article.

g. Minimum Transfers Prior to Recruit School Graduations

1. The Department will make available a minimum number of voluntary Trooper transfer opportunities prior to the graduation of any recruit school. The minimum number of voluntary Trooper transfers will be 30% (rounded up) of the number of recruits expected to graduate after subtracting a 17% attrition rate from the number of recruits that physically reported to the training academy and are present on day 2.

2. Transfer opportunities must be offered prior to the graduation of the recruit school. Locations to be offered are at the sole discretion of the Department.

3. For a voluntary transfer granted under this section, the affected employee shall not be eligible for moving benefits defined under Sections 15, 16, and17 of this Article.

Section 5. Employee Special Circ*mstances Transfer
No transfer may occur for disciplinary reasons. However, transfers may occur when the TransferReview Board determines that an employee's conduct or actions have had such an effect thatcontinued assignment at his or her present unit will (1) be detrimental to the continued effectiveoperation of that unit; (2) result in a loss of credibility for, or a tarnishing of the image of, theDepartment; or (3) hamper the employee in the effective performance of his or her duties. Eitherthe Employer or the employee may request the Transfer Review Board to determine if suchtransfer is necessary. If the Transfer Review Board determines that a transfer is warranted, theBoard shall determine the location from a list of up to four locations provided by the Employerand up to six locations provided by the employee. Although not a factor in the thresholddetermination of whether the transfer is warranted, the employee's seniority shall be the primaryfactor in determining the location of the employee's transfer. A lesser factor may be the Board'sestimation of the employee's level of responsibility in necessitating the transfer. The TransferReview Board shall have the authority to prohibit an employee from returning to the locationfrom which the employee was transferred for a period not to exceed three years following the decision of the Transfer Review Board.

Section 6. Mandatory Transfer
Mandatory transfers may be made pursuant to Section 2, or from the seniority list at the post orunit or posts or units which the Director determines is in the best interest of the Agency, and shallbe based on time in service seniority in inverse order (except for employees still serving theirinitial probationary period and employees with less than three years at their first post) subject tothe frequency provisions of Sections 8 and 9, and the seniority provisions of Section 7.

Section 7. Seniority
Except as provided in Section 4. d., employees with more than the median seniority (time inservice for a trooper or time in rank for a sergeant) may decline any transfer offered. If anemployee is offered a promotion and declines said promotion, the employee shall be removedfrom that employment list consistent with the rules of the Civil Service Commission.

Section 8. Frequency
Except as provided in Section 9, an employee may not be required to transfer more than once ina four-year period. This four-year protection includes, but is not limited to, the followingcirc*mstances:

a. The employee has received a hardship transfer.

b. The employee was the subject of a mandatory transfer within the preceding four-year period.

c. An employee is the subject of an Employee Conduct Transfer.

Section 9. Exceptions
Exceptions to the four-year protection against mandatory transfers as listed in Section 8 include:

a. In conjunction with any promotion or accepted specialist position;

b. As to new employees with less than five years of continuous employment;

c. By mutual agreement between the Employer and the employee. In this regard, the employee shall have the opportunity to consult with the Association and, if the employee declines, it shall not be held against him or her;

d. Employee conduct transfers.

Section 10. Transfer Review Board
There is hereby created within the Department a Transfer Review Board consisting of fiveenlisted members of the Department, two of whom shall be appointed by the Director, two ofwhom shall be appointed by the Association, and the fifth member to be selected on the followingbasis: Annually, each party to this Agreement shall submit three names of enlisted personnel employed by the Department who are agreeable to serve fairly and impartially as theChairperson of the Board. Each party will peremptorily strike two of the other party's names. Theremaining two names shall then alternate as the Board Chairperson on cases brought before it.

a. Written requests for a hardship transfer or employee conduct transfer shall be forwarded to the Human Resources Director who shall arrange for a Transfer Review Board meeting. The purpose of the Board is to investigate, review the claims, determine if an employee conduct transfer or hardship transfer is warranted, and to hear appeals on sergeant reassignments as provided in Article 14.

b. It is understood that first assignments and transfers arising from promotions are not reviewable nor grievable matters. No employee conduct or hardship transfer shall become effective while an appeal to the Transfer Review Board remains unresolved. The determination of the Transfer Review Board regarding an employee conduct or hardship transfer shall be final and not subject to appeal through the grievance procedure.

Section 11. Notice
Unless mutually agreed between the Employer and employee, no transfer except firstassignments shall be made except as follows: Employees shall be notified of any transfer affectingthat individual at least 21 calendar days, or 40 calendar days for a mandatory transfer, prior to theeffective date of the transfer. If the operational needs of the Department require the employee tobe at the new work location before the 21-day period expires, or 40 days for a mandatory transfer,that employee's transfer per diem expenses shall be extended by the same number of days theemployee is directed to report earlier than 21 or 40 days as appropriate.

Section 12. Relocation Policy
Employees who have completed their initial probationary period and who have commenced theirfirst work assignment and who thereafter may be transferred or relocated shall be eligible for thebenefits provided in Section 13 through Section 17 below, provided the employee is transferredor relocated more than 15 miles and moves his or her family residence more than 15 miles closerto the new work location. Except for employees covered by Section 13 of this Article, theEmployer is not obligated to pay these benefits as a result of an employee's being granted avoluntary transfer if the employee was paid these benefits less than four years earlier as a resultof a previous voluntary transfer.

Section 13. Exceptions to Relocation Policy
The following personnel transactions would entitle the employee to benefits for that particularrelocation during the four-year period referenced in Section 12, but would not abrogate orinterrupt the duration of the four-year period in any way:

a. Hardship Transfers (Section 4. a.).

b. Employee Special Circ*mstances Transfers (Section 5).

c. Mandatory Transfers (Section 6).

d. Transfers or Relocations in conjunction with a selection or promotion.

e. Assignments upon return from an unpaid leave of absence (under Article 28) when, due to the duration of the leave, the employee's work location is based on the operational needs of the Employer.

f. Relocation of an existing work site (Section 4. f.).

Section 14. Moving Time
The transferred employee shall be allowed two days off on annual leave or compensatory time,for moving. An employee receiving a mandatory transfer shall be allowed two days off with payfor moving.

Section 15. Moving of Household Goods
All moves must be made by common carrier or by trailer or truck rented by the employee.

a. Common Carrier. The Employer will pay:

1. Transportation charges for actual weight up to a maximum of 14,000 pounds for normal household goods, including piano(s), organ(s), or freezer(s). The Employer will not pay for the transportation of articles that are not considered normal household goods, including, but not limited to; boats, snowmobiles, fence posts, cement blocks, et cetera.

2. An allowance of up to $600 for packing and/or unpacking.

3. Storage charges for up to 60 calendar days of storage at either the origin or destination at a commercial storage facility approved by the Michigan Public Service Commission.

4. Elevator or flight charges.

5. Detroit area surcharges.

6. Bridge tolls.

7. The carrier will provide insurance against damage up to $.60 per pound for the total weight of the shipment. The State will reimburse the employee for insurance costs not to exceed an additional $.65 per pound of the total weight of the shipment.

b. Trailer or Truck. In lieu of a common carrier, the Employer will pay for trailer or truck rental charges incurred where the employee chooses to move himself or herself.

c. Mobile Homes. The state will pay the reasonable, actual cost for moving a mobile home if it is the employee's domicile plus a maximum $500 allowance for blocking, unblocking, securing contents or expando units, and installing or removal of tires (on wheels) on or off the trailer. Removal or placement of skirting and utility connections will be paid by the State when accompanied by receipts. "Actual moving cost" includes only the transportation cost, escort service when required by a governmental unit, special lighting permits, tolls, or surcharges. "Actual moving cost" does not include the moving of oil tanks, out buildings, swing sets, etc. that cannot be dismantled and secured inside the mobile home.

Mobile home liability is limited to damage to the unit caused by negligence of the carrier and to contents up to a value of $500. Additional excess valuation or hazard insurance may be purchased from the carrier at the expense of the employee.

The repair or replacement of equipment of the trailer, e.g., tires, axles, bearings, lights, et cetera are the responsibility of the owner.

Section 16. Travel Allowance
The transferred employee will be allowed meal and lodging expense reimbursem*nt, pursuant toArticle 17, Part B, Reimbursable Expenses, for up to 60 days at the new work location or untilsuch time as the employee changes residence, whichever is less. In computing days for expensereimbursem*nt, a day is counted whenever expenses are incurred for a day spent at the new worklocation. Employees claiming a day of mileage are not entitled to meals or lodging for the sameday. In cases of hardship in securing or occupying a new residence, the Employer may, asdetermined on an individual case-by-case basis, grant an extension of up to 60 days for lodgingonly. This extension must be immediately following the original 60 days of meal and lodgingexpense reimbursem*nt.

Employees returning to their residence at their prior workstation during the 60-day period willnot be reimbursed for meals during those days. Mileage charges for a personal car used in suchcommuting will be the actual mileage between the points at the approved private car rate not toexceed the amount which otherwise would be reimbursable for one day's meal.

An employee will be allowed standard travel allowances up to 60 days, including weekends andholidays, at the new workstation until such time as he or she changes residence.

Section 17. Trip to Secure Housing
With the prior approval of the Employer, an employee and one additional family member will beallowed up to three round trips to a new work location for the purpose of securing housing. Travel,lodging and meal expense reimbursem*nt will be covered up to a maximum of nine days, pursuantto Article 17, Part B, reimbursable expenses^[2]

Section 1. Office of the Director, Administrative Services Bureau, Forensic ScienceDivision, Special Operations Division, and Special Investigation Division District SpecialInvestigation Sections, and Concept Team Employees
Scheduling for Gaming Section employees in the Second District shall be governed by theprovisions of Letter of Understanding #69, dated April 2, 2002.

These employees shall work an 80-hour biweekly pay period, with the following scheduling,recall, and overtime provisions:

a. Scheduling. The Employer shall post a biweekly work schedule 72 hours prior to the start of the pay period. The Employer may make changes to the posted schedule up to 48 hours prior to the start of the pay period without the requirement to pay overtime, provided that the waiver of the overtime requirement shall apply only if the employee is contacted and advised of the change. The schedule shall consist of either a four, 10-hour continuous day or a five, eight-hour continuous day (excluding lunch period where applicable) schedule per week. The Employer, with the consent of a majority of the employees within the affected classification at a worksite, may also adopt an alternative schedule that may include, at the Employer's discretion, any combination of 8-hour, 9-hour, 10-hour, or 12- hour days such that one or more employee's schedule consists of 80 hours or more per biweekly pay period. A State Police Trooper 10 and E11 shall be considered the same classification for purposes of alternative work scheduling. The Employer may adjust or change the work schedule after the start of a pay period without the requirement to pay overtime under the following circ*mstances, provided the employee is advised of the change:

1. The Employer may alter the starting time of the work shift up to one hour earlier or later once per pay period when work requires it.

2. In cases of emergency (e.g. disasters, major crimes, or mobilizations).

3. With concurrence of the employee(s) involved.

b. Overtime. The Employer may require employees to work overtime. When this occurs,

employees shall be paid the overtime rate established by this Agreement. All overtimemust receive prior approval of the Employer.

Section 2. Continuous Field Operations
Employees not covered by Section 1 shall work an 80-hour biweekly pay period.
a. Scheduling. The Employer shall post a biweekly work schedule 72 hours prior to the start of the pay period. The Employer may make changes to the posted schedule up to 48 hours prior to the start of the pay period without the requirement to pay overtime, provided that the waiver of the overtime requirement shall apply only if the employee is contacted and advised of the change. The schedule shall consist of either an eight, 10-hour day or a 10, eighthour schedule per pay period. The Employer, with the consent of a majority of the employees within the affected classification at a worksite, may also adopt an alternative schedule that may include, at the employer's discretion, any combination of 8 hour, 10 hour, or 12 hour days such that the schedule consists of 80 hours or more per biweekly pay period. Nothing contained herein prevents the scheduling of some employees at a work site to 10 hour days or other alternative schedules while other employees at the same location are scheduled for eight hour days, subject to the shift rotation and bidding provisions of Article 18, Part B. The Employer may adjust or change the work schedule after the start of a pay period without the requirement to pay overtime under the following circ*mstances, provided the employee is advised of the change:

1. The Employer may alter the starting time of the work shift up to one hour earlier or later once per pay period, when work requires it.

2. In cases of emergency (e.g. disasters, major crimes, or mobilizations).

3. With concurrence of the affected employee(s).

b. Overtime. Overtime work may be required by the Employer and the employee shall receive compensation after 80 hours of straight time work and/or leave credits have been reached in the pay period, or in excess of the scheduled or agreed upon hours in a work day , except as part of any employee approved scheduled shift rotation adopted pursuant to Article 18, Part B, Section 2, of this Agreement.

When an employee is required to return to work within 24 hours from the start of their previous shift as part of their regularly scheduled 80 hours, the additional hours worked within the 24-hour period shall be recorded as double-back. Double-back shall be compensated at the overtime rate, but shall still count toward the regularly accrued continuous service hours.

For an employee working an alternative schedule, scheduled hours that are worked after the first eight hours of each regularly scheduled shift or workday will not be counted when determining the extent, if any, to which the employee has worked more than eight hours in a 24-hour period.

The Employer may schedule an employee to work up to two eight-hour work shifts in a 24-hour period preceding or following training without the requirement to pay overtime, if the employee is a voluntary participant in a Department sponsored training program. Troopers accepted for voluntary programs (dog handlers, E.S. team, divers) or for training by virtue of their requests to participate in posted training opportunities shall be considered volunteers. This provision shall not exempt the Department from responsibility for payment of overtime for all hours worked in excess of 80 hours in a pay period as provided in Section 3. a. below(1)

(1)See Appendix C for clarification of appropriate compensation for Departmental CanineHandlers.

Section 3. Overtime

a. Overtime at 1½ times the employee's regular hourly rate will be paid for all authorized hours worked, including paid leave time in excess of 80 hours during a pay period, or in excess of the scheduled or agreed upon hours in a work day. When overtime is accrued as a continuation of a regularly scheduled afternoon or midnight shift, shift differential shall be paid in addition to overtime for the hours worked pursuant to Article 18, Part A, of this Agreement.

b. Overtime payment shall not be pyramided with holiday pay or other premium pay as set forth elsewhere in this Agreement. This provision shall not be construed to be inconsistent with the other provisions permitting compensatory time.

c. Scheduled overtime shall be distributed among the employees of the work unit at the same classification on an equal basis.* An employee who declines to work, with the Employer's approval, shall be counted as having worked in determining this equal share, except when scheduled overtime occurs during an employee's vacation. However, the Employer shall not be obligated to offer the overtime to an employee during a scheduled vacation period. Management shall maintain records of overtime worked by the employees and shall start a new record every October 1st. Employees who have an alternative work schedule for regularly scheduled work in excess of 80 hours per biweekly shall not have these additional hours recorded or considered for the purposes of scheduled overtime distribution. This Section shall be subject to the Grievance Procedures in Article 9.

See Appendix D for clarification of scheduled overtime distribution.

d. Posted schedules will not be changed without the payment of overtime except where provided by this Agreement. If an employee is notified at least 12 hours prior to a posted work shift of a schedule change in that shift, the employee will only be entitled to work the rescheduled work hours and not the originally posted work hours.

If an employee is given less than 12 hours advance notice of a schedule change, the employee may be required to work the rescheduled work hours and the employee will be given the option of working the originally posted work hours. However, if the employee's schedule is changed without at least 12 hours advance notice, the employee may not be allowed to work the originally posted work hours if it would cause the employee to work more than 16 hours in any 24-hour period. Hours worked outside of the posted work schedule shall be payable at 1½ times the employee's straight time rate of pay, except upon mutual agreement of the employee and Employer.

e. The provisions of subsections 2. b. and 3. a. of this Article providing for overtime payment after 80 hours per pay period notwithstanding, an employee who is working certain types of alternative schedules that call for regularly scheduled work in excess of 80 hours per biweekly pay period (e.g., seven 12 hour workdays) may be paid at the straight-time rate for up to 84 regularly scheduled hours per biweekly pay period. Shift differential, when applicable, is also applied to these hours.

f. When an employee who is scheduled for more than 80 hours as described in paragraph e, above, is on approved annual leave, utilizing compensatory time, or absent due to illness or injury or other reason under Article 31, Part A, up to four regularly scheduled hours in excess of 80 shall be uncompensated with no reduction in the employee's leave or compensatory time credits. Examples may be enumerated in a Letter of Understanding.

Section 4. Pass Days
Unless otherwise agreed to between the Employer and the affected employee(s), the Employershallschedule at least two pass days consecutively, and pass days shall be scheduled on a weekendat least once every four weeks.

Section 5. Pay Periods
The biweekly pay periods as they existed on October 1, 2014, shall continue. Employees shall,except in emergencies, be paid within two weeks of the completion of a biweekly pay period.

Section 6. Compensatory Time

a. The employee, with the approval of the Employer, may elect to receive compensatory time in lieu of overtime. Conversely, the Employer, with the approval of the employee, may assign employees to work for compensatory time. All compensatory time must receive prior approval of the Employer.

b. Compensatory time shall be accumulated at the rate of 1½ times the actual hours worked. Employees may not accumulate more than 160 hours of compensatory time. Time in excess of the 160 hours of compensatory time maximum accumulation shall be paid at the overtime rate.

c. When practicable, compensatory time shall be taken off within the same pay period or as soon thereafter as practicable and compensatory time shall be used by mutual agreement of the employee and the Employer. Whenever the employee has accumulated more than 160 hours of compensatory time, the employee shall use the excess hours before annual leave, except where an employee at the annual leave cap would thereby lose annual leave.

d. Subject to the limitation in Section 6. b. above, unused compensatory time of an employee who resigns, retires, or is dismissed shall be paid at the employee's current hourly base rate, or at the average base rate received during the last three years, whichever is higher. A maximum of 80 hours of unused compensatory time paid at the time of retirement shall be included in final average compensation.

e. An employee who is to be appointed to an enlisted position outside of the bargaining unit shall be paid for unused compensatory time credits in excess of 80 hours at the employee's most recent hourly base rate within the bargaining unit, or at the average base rate received during the last three years, whichever is higher. A maximum of 80 hours of unused compensatory time can be retained by this employee.^[2]

Part A. General Examinations

Section 1. Medical Verification
The Employer may not require any employee to submit to any medical, psychiatric, orpsychological examination, except as provided in Parts B and C of this Article and/or upon thefollowing circ*mstances:

a. The employee has been absent from work for more than four consecutive days because of claimed illness or where the employee has utilized ten days of sick leave in any three-month period. In such instances, the Department may only require the employee to provide a statement from his or her personal physician. In instances where the Employer reasonably believes that the sick leave is being abused, the Employer may require a medical report from a physician at any time.

b. Where the employee submits any claim for extended sick leave disability benefits or workers' compensation. In said event, the Employer may rely upon the employee's personal physician's statement or may require the employee to submit to a medical examination by a competent physician at the Department's expense.

c. As a part of a Department-wide periodic medical review program directed at all enlisted personnel conducted at the Department's expense. The Employer may not single out any employee or groups of employees for medical examinations under this clause. If the Department determines to undertake such a program of medical examinations for all employees, it shall do so only after consultation and agreement with the Association with reference to the procedures of such a program, the standards to be applied, the goals of the program, and the physicians to be utilized.

Section 2. Psychological Studies
The Department shall not require any employee to participate in any psychological researchprogram or study upon employees in the unit without the express written consent of theAssociation.

All such research, programs, or studies shall be conducted with the established professionalstandards of the psychological and psychiatric profession and their respective Code of Ethics.All findings, proposals, or changes in departmental policy from these projects shall be submittedto both the Association and all employees who participated in such projects prior to anydepartmental, professional, or public publications.

No employee participating in any such research program shall be disciplined in any manner as aresult of anything disclosed or observed about said employee as a result of participation in saidstudy nor shall the identity of any individual employee participating in said study be revealed norshall the fact of participation in said study or the results thereof be made a part of the employee'spersonnel file without the written consent of the employee.

Section 3. Psychiatric/Psychological Examination

a. No employee shall be required to undergo any psychiatric or psychological examination or be required to be subjected to psychological examination by psychologists retained or employed by the Department, except upon an assertion by the employee of disability for psychological reasons.

b. The records and names of all employees who voluntarily choose to use the Department's psychological services shall remain strictly confidential, except as set forth in Subsection c. below. No information gained from the employee through consultation with the psychologist retained by the Department, nor any diagnosis or prognosis or other formal or informal opinions and views, shall be provided to personnel in the Department by the departmentally retained or employed psychologist, except upon the specific written consent of the employee. A complete copy of all information provided to the Department, upon such written consent, shall simultaneously be provided to the employee.

c. The exception referred to above in Subsection b. is where the Department retained or employed psychologist believes it to be in the best interests of the Department and employee that the employee receives additional psychiatric, psychological assistance, or both. In such situations, notice to the employee and the Human Resources Division of this recommendation may be made, limited to that recommendation. No additional information shall be provided to the Employer.

d. It is the specific intent of this Section to encourage employees covered by the terms of this Agreement to freely and willingly utilize the services of the departmental psychologist to assist them in addressing personal and work-related stress situations. It is recognized that the objective of voluntarily obtaining assistance will be materially diminished and curtailed if such highly personal and subjective information is provided to the Employer. Department psychologists are not prevented from compiling statistical records or making general reports with reference to the types of problems and the needs of departmental employees, as long as copies of said reports are simultaneously provided to the Association. Said reports and recommendations shall in no way disclose the identity of the individual employees seeking treatment or consultation. It is recognized by both the Association and the Employer that violations of the provisions of this Section may result in liability to both the Employer and to the departmental psychologist and are also grievable.

e. Nothing herein shall prevent the Employer and the Association from reaching any other and further agreement with reference to the utilization of psychological services for the benefit of employees of the Department or from reaching agreement in the utilization of psychological services as an adjunct and supportive tool in the rehabilitation of an employee after an employee has been found guilty in departmental disciplinary proceedings.

f. The departmental psychologist may not be called as a witness in any departmental disciplinary proceedings or grievance meeting to testify regarding discussions between the psychologist and employee, except upon the specific written request of the employee.

g. Nothing herein shall prevent the Employer, after notice to the employee, from requiring an employee to undergo psychiatric or psychological or medical examination or treatment when there is a reasonable belief that such examination or assistance is necessary for the continued employment of the employee or to assist in determining if such continued employment is appropriate. The employee shall be given the opportunity of conferring with the Association representative prior to said examination. However, such psychiatrist or psychologist or physician will be an "outsider," i.e., not Department-retained or employed personnel. All such costs shall be paid by the Employer and any medical findings or recommendations therefrom shall be provided to the Employer. Abuse of this provision by the Employer shall be grievable.

h. Except for instances wherein discipline is imposed, and psychiatric or psychological medical evaluation is involved in the implementation of the discipline, no information or reference concerning psychological or psychiatric medical treatment or referral required under this Article shall be made a part of the employee's personnel file and in no event will such information be released or made public.

Part B. Vision Screening Program

The Employer may implement the vision screening program established by Official Order #79,dated January 15, 1997 for all bargaining unit members who drive departmental vehicles, subjectto the following provisions:

a. The screening shall be conducted on departmental time at no expense to the employee. The cost of any subsequent professional eye care resulting from the identification of a vision problem shall be borne by the employee. Should a professional eye examination fail to support the existence of a vision problem identified in the screening program, the Employer will pay for such eye examination to the extent that it is not covered by vision insurance.

b. The rights of an employee who fails the vision screening program under applicable provisions of state and federal disability laws shall not be diminished by these contract provisions.

c. The Employer shall endeavor to accommodate an employee who fails the vision screening program to the extent that such accommodation is lawful, does not violate other provisions of this contract or Civil Service Rules, and that it does not involuntarily subject the employee to any of the following:

1. A loss or reduction of wages;

2. A loss or reduction of fringe benefits;

3. A change in classification; or

4. A change in work location.

d. If the Employer is unable to accommodate an employee pursuant to the provisions of paragraph c., the employee and the Employer may exercise their rights under this Agreement, and in accordance with the provisions of the State Police Retirement Act, MCLA 38.1601 et seq., and Letter of Understanding #22 which took effect October 1, 1986. An employee who fails to meet the vision screening standards and who has less than ten years of credited service under the State Police Retirement Act (P.A. 182 of 1986) shall be treated by the Department of State Police as having 10.0 years of credited service for purposes of retirement. This provision shall not apply if the Department has accommodated such employee pursuant to this Part or where there is direct evidence that the employee's failure to meet the vision screening standards arose out of a non-duty occurrence.

Part C. Drug and Alcohol Testing
The parties recognize that drug or alcohol abuse by an employee often contributes to less thansatisfactory attendance and job performance and may needlessly endanger the safety and wellbeing of other employees and members of the general public. The parties also recognize theunique need for members of this bargaining unit as law enforcement officers to be in strictcompliance with the law.

Section 1. Employee Assistance Program
Employees who believe that they have developed an addiction to, dependence upon, or problemwith alcohol are encouraged to seek assistance. Entrance into the Employee Assistance Programcan occur by self-referral, recommendation, or referral by the Office of Behavioral Science. Noemployee will be disciplined as a result of any request for assistance under this section nor willany employee be disciplined as a result of any information disclosed by the employee during hisor her efforts in the Employee Assistance Program. Requests for assistance shall be treated asconfidential.

Rehabilitation itself is the responsibility of the employee. For employees enrolled in an approvedtreatment program, the Department shall approve the use of available leave credits (annual, sick,compensatory, or deferred hours) to cover the treatment period.

Upon authorization to return to work, the employee will be returned to active duty status in theirformer position.

Section 2. Association Representation
The employee shall be advised of their right to Association consultation prior to a reasonablesuspicion drug and/or alcohol test. This right shall not impede the timely testing of an employeewho is required to be tested. The employee being tested may be given the opportunity to explainhis or her behavior, action, or appearance. The employee's explanation, if provided, shall bedocumented.

An employee shall also have the right to Association consultation prior to post incident testing,so long as the test is not delayed more than two hours from the time of the incident giving rise tothe testing.

Section 3. Testing

a. The Employer may require an employee to submit to urinalysis drug screening and/or breath alcohol testing (BAT) under the circ*mstances set forth below in subsections b. through h. All tests shall be conducted in a manner that reasonably protects employee confidentiality. A bargaining unit employee shall not make the decision to test an employee under Part C of this Article. Refusal to comply with an order to submit to urinalysis drug screening and/or breath alcohol testing given pursuant to the provisions of this Article shall constitute a basis for disciplinary action up to and including discharge.

b. Random Testing. An employee may be selected at random from a pool comprised of all employees covered by this Agreement. No more than 15% of the number or employees in the pool may be randomly tested by urinalysis drug screening and breath alcohol test each calendar year.

c. Reasonable Suspicion Testing. While on duty, an employee may be required to submit to urinalysis drug screening and/or breath alcohol testing based on reasonable suspicion. Reasonable suspicion is defined as objective, articulated, and specific facts which would support a reasonable, individualized suspicion that the employee is using or may have used drugs or alcohol in violation of this Agreement or a departmental work rule. By way of example only, reasonable suspicion may be based upon any of the following:

1. Observable behavior or evidence of drug or alcohol use or the physical symptoms or appearance of being impaired, or under the influence of, a drug or alcohol.

2. A report of on-duty or sufficiently recent off-duty drug or alcohol use provided by a credible source.

3. Evidence that an individual has tampered with a drug test or alcohol test during employment with the State of Michigan.

4. Evidence that an employee is involved in the use, unauthorized possession, sale, solicitation, or delivery of drugs, or unauthorized possession and/or use of alcohol while on duty, while on the Employer's premises, or while operating an official vehicle (or approved use of a personal vehicle), machinery, or equipment.

The basis of support for the reasonable suspicion drug screening and/or breath alcohol test will be documented by a supervisor trained in reasonable suspicion drug or alcohol testing criteria and approved by the employer designated drug and alcohol testing coordinator (DATC) or his or her designee. An employee shall be required to submit to a reasonable suspicion drug screening and/or breath alcohol test; the objective facts and/or information must be articulated and may include the person's appearance and behavior. The written documentation shall contain information that supports reasonable suspicion testing. At the conclusion of the employee's duty status, a copy of the documentation shall be given to the employee.

This supervisory alcohol documentation shall only be maintained in a confidential, sealed file in the Human Resources Division. When completed, this documentation shall be forwarded to the State Police Human Resources Director via first class mail marked personal and confidential. The employee's sealed file shall be destroyed if no further alcohol related event occurs within two years. This section does not preclude the Employer or employee access to the documentation for grievance, arbitration, legal hearings, or to administer this Article. No other copies of this documentation shall be made without the prior approval of the employee.

Employees who consume alcohol while on approved assigned duties are exempt from this alcohol testing. This does not prohibit the testing of employees who report to work where evidence of alcohol consumption is apparent.

Any urinalysis drug screening test which is confirmed "positive" by Gas Chromatography/Mass Spectrometry (GC/MS) or a superior testing technique along with specific facts and reasonable inferences drawn from those facts to establish reasonable suspicion that an employee did use, sell, solicit, dispense, or possess any controlled substance unlawfully shall constitute a basis for disciplinary action, up to and including discharge.

The parties recognize that controlled substance abuse may be the result of prolonged use of lawfully obtained controlled substances - singularly or in conjunction with other lawfully obtained controlled or uncontrolled substances. When controlled substance abuse appears to be the direct result of such lawful acquisition and use, treatment for the first instance that comes to the Department's attention (as opposed to disciplinary action) shall be pursued where there is no evidence of unlawful conduct.

d. First Alcohol Related Event. Employees who report for duty and are suspected of having consumed alcohol shall be required to take a PBT. An employee whose PBT for a first alcohol related event is .02 or above may be subject to discipline. A test will not be considered positive unless it is .02 or above.

An employee who tests at .02 or above for alcohol use shall be relieved from duty and allowed to use available leave credits for the remainder of their shift.

Employees who test at .02 or above shall be required to complete an alcohol assessment and any recommended treatment program. Failure to complete the assessment and recommended treatment program shall also subject the employee to discipline.

e. Second or Subsequent Alcohol Related Event. Should an employee have a second or subsequent alcohol related event within two years of the first alcohol related event, the Employer has the sole discretion to direct an employee to be assessed. The employee may be subject to disciplinary action for second or subsequent alcohol related events in accordance with this Agreement. An employee who has a second alcohol related event more than two years from the imposition of discipline shall have such event treated as a first event under subparagraph d. above.

f. Post Incident Testing. If requested, an employee shall submit to a drug and/or breath alcohol test if there is evidence that the employee may have caused or contributed to a serious work related accident or incident. A serious work related accident or incident is defined as a duty related accident or incident resulting in death or serious personal injury requiring immediate medical treatment by licensed medical personnel that arises out of any of the following:

1. The operation of a motor vehicle,

2. The discharge of a firearm,

3. A physical confrontation, or

4. The handling of dangerous or hazardous materials.

g. Access to a Controlled Substance. An employee may be required to submit to urinalysis drug screening prior to, and preceding assignment from, any position in which an employee, due to the nature of his or her work assignment, routinely works with or has continuous access to any controlled substance(s).

h. Follow-Up Testing. An employee shall submit to unscheduled follow-up drug and/or breath alcohol testing if, within the previous 24-month period, the employee entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a preappointment drug test, or was disciplined for violating the provisions of this article and/or Employer work rules.

The Employer may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug or alcohol tests within any twelve-month period.

Section 4. Drug and Alcohol Testing Protocol and Definitions
The parties hereby adopt the U.S. Department of Health and Human Services MandatoryGuidelines for Federal Workplace Drug Testing Programs dated April 30, 2010 as may beamended from time to time as the protocol and definitions for drug testing and the U.S.Department of Transportation Procedures for Transportation Workplace Drug and AlcoholTesting Programs for alcohol testing updated April 13, 2015 as may be amended from time totime for the alcohol testing protocol and definitions.

After adoption of the protocol and its implementation, the protocol shall not be subject to changeexcept by mutual agreement of the parties.

Section 5. Review Committee for Drug and Alcohol Testing
A committee consisting of up to three representatives of the Association and up to threerepresentatives of the Employer will meet upon request of either party to review testing data anddiscuss problems related to the administration of the testing program. The committee'srecommendations, if any, will be submitted to the Employer for its consideration.

Section 6. Required Treatment
In the event of a positive drug and/or alcohol test, and in the event that a sanction lessthan discharge is imposed, the employee shall be referred to a substance abuse professional forassessment and, if necessary, treatment.

Section 7. Grievance Procedure
All actions made pursuant to alcohol testing shall be subject to a "just cause" standard, and to theparties' grievance and arbitration procedure.

Section 8. Association Held Harmless
The Employer agrees to hold the Association and its bargaining unit members harmless from anylawsuitclaiming that the Employer violated any laws, regulations, or worker's rights in theimplementation or administration of this drug testing program. This provision is not intended tosupersede any state or federal law. This provision excludes any claims that an employee maybring relating to the Association's duties or obligation owed to bargaining unit members.

Part D. Physical Fitness Testing

Section 1. Mandatory Standard
In an effort to promote general health and physical fitness, the Department may impose amandatory fitness standard for bargaining unit members, subject to the limitations set forth herein.In no case shall the Department's fitness requirement exceed the standard contained in AppendixF of this Agreement. The standard shall not include age or gender grading or any specialconsideration based on illegal criteria. An employee cannot be required to participate more thanonce per calendar year. The standard shall not be changed during the life of the agreement, exceptby mutual agreement of the parties.

Section 2. Exemptions
An employee shall be exempt from the mandatory fitness test if:

1. The employee provides the employer with a current physician's statement (within the last six months) documenting medical reasons why the employee cannot participate.

2. The employee is excused for other documented reasons acceptable to the employer.

3. The employee participates in the voluntary program.

Section 3. Duty Status
All physical fitness tests taken under this article, including the voluntary tests under Section 8,shall be taken while the employee is on duty. In addition, for any injuries directly related to(including preparation for) any department physical fitness test, an employee shall be consideredon duty for purposes of Workers' Compensation, recrediting of sick leave, limited dutyassignments, or any other benefit available for work related injuries. Nothing contained hereinobligates the employer to compensate employees for time spent in preparation for the physicalfitness test(s).

Section 4. Accrued/Banked Hours
Employees who achieve the points required in the mandatory program shall be credited with twohours of sick time to be deposited in the sick leave bank established in Article 31, Part B. Inaddition, employees who participate in the voluntary fitness program under Part D, Section 8 ofthis Article shall be credited with two hours for participation, four hours for achieving the bronzestandard, eight hours for achieving the silver standard, and 12 hours for achieving the goldstandard. These hours will also be deposited in the Sick Leave Bank established in Article 31,

Part B.

Section 5. Failure to Meet Mandatory Fitness Standard
Employees who cannot meet the mandatory fitness standard as a result of a "disability" (asdefined by the Michigan Persons with Disabilities Civil Rights Act or by the Americans withDisabilities Act) may seek accommodation under appropriate state or federal law. The departmentmay use the counseling and retraining portions of the Affirmative Assistance proceduresestablished in Article 8, Part B to improve the performance of employees who cannot meet thephysical fitness standard.

Section 6. Disability Retirement
If an employee cannot meet the fitness standard as a result of a "disability", the employer mayexercise its right to apply for a disability retirement under this agreement, and in accordance withthe provisions of the State Police Retirement Act, MCLA 38.1601 et seq. and Letter ofUnderstanding #22, which took effect October 1, 1986. An employee who fails to meet the fitnessstandard as a result of a "disability" and who has less than ten years of credited service under theState Police Retirement Act shall be treated as having 10.0 years of credited service for purposesof retirement. This provision shall not apply if the Department has accommodated the employeeor where there is direct evidence that the employee's inability to meet the fitness standard aroseout of a non-duty occurrence.

Section 7. Fitness as Selection Criteria
Physical fitness shall not be used as a criterion for selection to any department position, with thefollowing exceptions:

1. By mutual agreement

2. The Emergency Support Team

3. The standard currently in use for:

a. Marine Services Team

b. Canine Unit

c. Bomb Squad.

Section 8. Voluntary Physical Fitness Program
Nothing contained herein shall be construed to prevent the department from maintaining avoluntary physical fitness program to supplement the mandatory test. There shall be no job actiontaken for refusal to participate or demonstrate a level of proficiency in the voluntary program.

Section 9. Enforceability
It is the intent of the parties to administer the physical fitness program in compliance withapplicable state and federal laws. Consistent with Article 38 of this agreement, if any provisioncontained herein is subsequently found to be in violation of state or federal law, that provisionshall not be enforced, but the remainder of the program shall not be affected.

Section 10. Labor-Management Committee
The parties may each appoint three representatives to a joint labor-management committee withoversight responsibility for the continuing administration of the fitness program. Committeemembers shall be compensated in the same manner as Discipline Panel and Discipline AppealBoard members, as outlined in paragraph 2 of Appendix A.

The existence of a joint labor-management committee shall in no way diminish or abridge theright of the Association to address perceived violations of the contract through the grievanceprocedure established in Article 9 of this Collective Bargaining Agreement.^[2]

Part A. Education Leave

At the discretion of the Employer, employees may be given up to ten months leave of absencewithout pay in order to attend an accredited college or university. Upon return from the leave ofabsence, the employee may be reassigned to a position utilizing his or her educationalqualifications or to a position in the same classification, not necessarily the same position at thesame location he or she previously held.

Part B. Medical, Parental and Family Care Leaves

Section 1. Employee Medical Leave
In the event an employee is off on paid leave due to a non-duty medical or injury disability, whichis not totally disabling, and he or she exhausts all of his or her sick leave and then exhausts all ofhis or her annual leave, such employee shall then be placed on a medical leave of absence withoutpay not to exceed one year from the date of exhaustion of his/her annual leave. Upon request,such leave may be renewed by the Employer for a period of time up to one year.Upon return from any leave caused by a non-duty medical or injury disability of not more thanthree months (from the commencement of the absence), the employee shall be assured a sameposition at the same location. Time off in excess of three months means that the employee shallbe eligible for a position in the same classification or the first vacancy available.

Periodic medical confirmation of the medical or injury disability, including extension request, isrequired. A medical certification of good health is required before he or she will be allowed toreturn to full-duty status.

Disabilities resulting from pregnancy and childbirth, and complications arising therefrom, shallbe treated the same as any other medical or physical disability.

Section 2. Parental Leave

a. Upon written request, due to the birth or adoption of a child, an employee shall be granted parental leave for up to six months.

b. In accordance with the Family Medical Leave Act, upon written request, an employee shall be granted up to 12 work weeks of parental leave because of foster care placement of a child.

c. Parental leave must conclude within 12 months of the birth or placement of a child.

d. Upon the birth of their child, an employee may certify the need to use up to eighty (80) consecutive hours of sick leave prior to the beginning of a parental leave. Additional accrued sick leave credits shall not be used to cover a period of parental leave.

e. In these instances, where both spouses are covered by this provision, such parental leaves may be taken either concurrently or consecutively.

f. The Employer may grant an extension of such leave(s) upon written request of the employee(s) for up to an additional six months. The decision to grant or deny such extension(s) shall be based upon the operational needs of the Employer.

g. For an employee who returns from an approved leave early, the provisions of (h and i) below will apply.

h. An employee returning from an approved parental leave of absence of six months or less will be restored to a position in the employee's same classification and previous work location. However, if the position of an employee who has been granted such leave is abolished during the absence, that employee shall be returned to the classified service in accordance with Article 12.

i. An employee returning from an approved parental leave of absence of more than six months will be restored to a position in the employee's same classification but not necessarily at the previous work location. Assignment upon return from a parental leave of more than six months shall be based upon the operational needs of the Employer. This provision shall not be viewed as being inconsistent, in whole or part, with Article 13 or Appendix E.

j. The status of an employee who fails to report to work at the expiration of the parental leave shall be as outlined in Article 11, Section 2. e. 1.

Section 3. Family Care Leave

a. In accordance with the Family Medical Leave Act (FMLA) and Section 4 below, an employee shall be granted up to 12 work weeks of family care leave to care for a spouse, son, daughter, or parent with a serious health condition.

b. The 12 work weeks of family care leave entitlement may be reduced by an amount equivalent to other qualifying leave designated as FMLA leave in the same 12-month period.

c. Family care leave must normally be requested 30 days in advance when the need is foreseeable.

d. Certification by the family member's health care provider may be required by the Employer.

Section 4. Implementation of the Family Medical Leave Act of 1993 (FMLA)
The right to leave under the provisions of the Family Medical Leave Act of 1993 (FMLA) isacknowledged by the parties. The implementation of those rights shall in no way impair or reducethe rights of employees as set forth in this contract. In accordance with the provisions of theFMLA, the Employer shall maintain the employee's current health plan benefits during any periods of unpaid leave that qualify under the provisions of that Act. Employees may elect to useaccumulated leave credits during periods of leave that qualify under the Family Medical LeaveAct. The Employer may count paid and unpaid leaves toward the 12 work week entitlementestablished by the FMLA, subject to the following understandings:

a. The nature or purpose of the leave qualifies under the FMLA;

b. The employee must have worked for the Employer for at least 12 months and at least 1,250 hours in the preceding 12 months;

c. The Employer will notify the employee if a requested leave is to be designated and counted as FMLA leave;

d. The provisions of Article 32, Part F, Section 1 shall apply if an employee requests medical leave and has submitted a claim for LTD insurance;

e. The FMLA provides that FMLA qualifying leave(s) shall be limited to 12 workweeks per 12- month period. This 12-month period shall be measured forward from the first date the employee's FMLA qualifying leave begins.

Part C. Military Leave

a. As used throughout this Section, Armed Forces shall mean the U.S. Army, Air Force, Navy, Marine Corps, Army National Guard, Air National Guard, Coast Guard, and any reserve component thereof.

b. No employee shall be discriminated against on the basis of his or her membership in the Armed Forces, or persuaded to resign therefrom. No employee shall be discriminated against, nor granted preferential treatment with regard to scheduling and work hours whether the military duty is weekend, annual training, or active duty training. It is expressly understood that such employee must work with the Employer and his or her fellow employees in working out scheduling assignments and hours in a manner least disruptive to them and the regular operations.

c. A permanent employee who is or becomes a member of the Armed Forces and who requests leave from employment for the purpose of attending active-duty training, whether such training is mandatory or elective on the part of the employee, shall be granted a leave of absence. All applications for military leave or time off for military purposes should be made as far in advance as possible and should be made in writing on Form PD-8 in order to schedule or adjust the schedule for the absence.

d. Upon return from training or active service, an employee providing evidence of dates of service shall be reinstated with the same seniority, status, pay rate, vacation time accrual rate, and fringe benefits as the employee would have had if he or she had not been absent for military duty.

e. For leaves of 30 days or less, the employee shall be reinstated in his or her position and must report for work on his or her next regularly scheduled shift following release from military duty.

f. Job Assignment Upon Return to Work

1. For leaves of 31 to 90 days, the employee shall be reemployed in either the job previously held or the job he or she would have held if he or she had remained continuously employed, if qualified.

2. For leaves in excess of 91 days of service, the employee may be placed in a position equivalent to the position he or she had or equivalent to the position he or she could have obtained. Nothing shall preclude the employer from returning the employee to his or her previous position.

g. Requests for Return to Work

1. For leaves of 31 to 180 days, in order to qualify for re-employment, the employee must apply within 14 days of discharge from military service.

2. For leaves of 181 or more days of service, in order to qualify for re-employment, the employee must apply within 90 days of discharge from military service.

h. Except for paid time as provided for in subsection j. below, military leave shall not serve toward completion of the initial probationary period but will bridge that time.

i. A veteran is disqualified from reemployment if his or her discharge from military service is dishonorable. A veteran may be disqualified from reemployment provisions if he or she receives a discharge that is less than honorable.

j. Pay Status. A leave of absence for temporary active duty or training shall be with pay equivalent to the difference between the permanent employee's military pay and regular State salary for each day of active duty or training when he or she is missing scheduled State employment, if the military pay is less for the same period of time. Such pay differential, however, shall not exceed 20 days in any fiscal year. All other military leave time shall be unpaid. Health benefits are continued for the first 30 days of continuous military leave and may be continued after 30 days by making payments through COBRA procedures. If re-employed, military leave time shall be counted for retirement and benefit accrual purposes in accordance with the Collective Bargaining Agreement or applicable statute.^[2]

Part A. Annual Leave

Section 1. Initial Leave Grant
Each new hire shall be credited with an initial annual leave grant of 16 hours, which shall beimmediately available, upon approval of the Employer, for such purposes as voting, religiousobservance, and necessary personal business. The initial grant of annual leave shall not be creditedto an employee more than once in a calendar year. Subsequent to the initial grant of 16 hours,annual leave shall be earned and available for use. Paid service in excess of 80 hours in a biweeklywork period shall not be counted.

Section 2. Accrual Rate
Annual leave shall be credited to each permanent employee at the end of the biweekly workperiod in which 80 hours of paid service is completed as listed below. Annual leave shall beavailable for use only in biweekly work periods subsequent to the biweekly work period in whichit is earned. When paid service does not total 80 hours in a biweekly work period, the employeeshall be credited with a pro-rated amount of leave for that work period based on the number ofhours in pay status divided by 80 hours multiplied by the applicable accrual rate.

[SEE NOTE 1 AT END OF ARTICLE FOR FULL TABLE]

In addition, each permanent employee with more than 1,040 hours of State service shall becredited with an additional annual leave grant of 20 hours at the beginning of each fiscal year.Four of these hours is in lieu of a biennial general election day holiday.It shall be the employee's responsibility to monitor balances in the annual leave counter to permitcrediting of the additional annual leave grant on October 1st.

Section 3. Previous Service
For the purposes of this Article, previous state service shall be included in the definition of timein-service; however, any employee who believes their annual leave accrual is affected by thisprovision shall notify the Employer within 60 days from the effective date of this Agreement.Any employee who fails to notify the Employer within 60 days after the effective date of theAgreement shall be considered to have waived any claim of error for any period of time prior tothe date the employee files a grievance or notifies the Employer, in writing, of the error.

Section 4. Maximum Accrual
Annual leave may not be authorized, accumulated, or credited in excess of the employee'smaximum accumulation limit provided below except under the following conditions: If anemployee is unable, because of the Employer's decision, to take off annual leave credits thatwould place the total credits in excess of the employee's maximum accumulation limit, theemployee shall be permitted to accumulate no more than an additional 16 hours. The employee'sannual leave balance must be reduced to the maximum accumulation limit or less no later thantwo pay periods after the pay period in which the excess credits are earned. The Employer mayrequire the employee to take sufficient time off within the additional two pay periods to enablereduction of credits to no more than the maximum accrual limit.

Employees may accumulate annual leave only up to the maximum accumulation limits providedbelow:

[SEE NOTE 2 AT END OF ARTICLE FOR FULL TABLE]

Section 5. Severance
Employees who terminate their employment shall receive pay for unused annual leave up to theemployee's maximum payout limit; however, not more than 240 hours shall be included in finalaverage compensation for the purpose of calculating an employee's retirement benefits.

Section 6. Summer/Winter Vacation Schedule

a. An employee must accumulate sufficient proper paid time off credits (including compensatory time but excluding sick leave) to cover his or her planned vacation period.

b. The following table illustrates the total number of summer and winter vacation days the employee is eligible for in a year, and the maximum number of vacation days that may be used in either the summer or winter vacation season, depending on the length of continuous service years which, for purposes of this Section, shall be calculated to include military service up to five years:

[SEE NOTE 3 AT END OF ARTICLE FOR FULL TABLE]

For purposes of summer or winter vacation scheduling, the year starts with the first vacationscheduling period following ratification of this agreement.

Section 7. Guide for Selection of Vacations

a. Summer vacation season will begin May 1 and continue through October 31. The winter vacation season will begin November 1 and continue through April 30.

b. Summer vacation selection shall be completed prior to April 1 and winter vacation selection shall be completed prior to October 1.

c. Should a conflict arise between more than one employee in scheduling a vacation period, the priority shall be determined as follows:

1. First by seniority in rank as defined in Article 11.

2. Second by total service seniority, as defined in Article 11, Part A, Sections 1 and 6.

d. Sergeants at any post, unit, or section shall select vacations on a separate list from troopers.

e. The employer will designate the maximum number of employees to be released during any vacation period at one time.

f. The starting date and ending date of an employee's vacation pick will be determined by the employee, subject to the maximum number of days allowed by contract.

g. Subject to the maximum number of days allowable by contract, employees may pick a second or subsequent vacation only after every eligible employee has had the opportunity to select a primary vacation.

Section 8. Personal Leave
An employee may utilize from his or her annual leave credits time off separate from his or herscheduled annual leave period to be utilized for personal business. Reasons for personal leaveneed not be given to the employee's supervisor and approval for such leave shall be given if therequest for personal leave is made at least 72 hours before the beginning of the pay period. If therequest is made subsequent to such time, the decision for granting the request shall be within thesole discretion of the supervisor. This personal leave shall not exceed three days per calendar yearand sufficient credits must be available to cover the time used. Personal leave days refers to thefull scheduled shifts for the day in question, regardless of the length of each individual’s shift.Therefore, the individual is entitled to three full-shift absences provided the remaining criteria ofthis Section are met. However, personal leave, exempt from supervisory approval, shall notexceed 25% of the employees on a given shift or one employee per day, whichever is greater.Should a conflict arise between more than one employee requesting personal leave, the priorityshall be determined by total service seniority as described in Section 7 c. above. Personal leavecredits shall be utilized only upon the request of the employee. Annual leave for Associationbusiness shall not be considered personal leave. Use of annual leave under this Section shall notbe denied unless such denial is necessary to maintain standard staffing levels at the work unit.

Section 9. Banked Leave Time
Accumulated Banked Leave Time (BLT) may be used by an employee in the same manner asregular annual leave. Accumulated BLT hours shall not be counted against the employee's regularannual leave cap, known as Part A hours.

Upon an employee's separation, death, or retirement from state service, unused BLT hours shallbe contributed by the state to the employee's account within the State of Michigan 401(K) Plan,and, if applicable, to the State of Michigan 457 Plan. If the employee does not have a 401(K)account, one will be created. Such contribution shall be treated as non-elective employercontributions and shall be calculated using the product of the following: (1) The number of BLThours and, (2I) The employee's base hourly rate in effect at the time of the employee's separation,death, or retirement from state service.

Part B. Compensation Policy Under Conditions of General Emergency

Section 1. General Emergency
Conditions of general emergency include, but are not necessarily limited to, severe weather, civildisturbance, loss of utilities, physical plant failure, or similar occurrences. Such conditions maybe widespread or limited to specific work locations.

Section 2. Administrative Determinations
When conditions in an affected area or a specific location warrant, state facilities may be orderedclosed or, if closure is not possible because of the necessity to continue services, a facility maybe declared inaccessible. The decision to close a state facility or to declare it inaccessible shall beat the full discretion of the Governor or his or her designated representative.

Section 3. Compensation in Situation of Closure
When a state facility is closed by the Governor or his or her designated representative, affectedemployees shall be authorized administrative leave to cover their normally scheduled hours ofwork during the period of closure.

Individual employees of facilities ordered closed may be required to work to perform essentialservices during the period of closure. When such is the case, these employees shall becompensated in the manner prescribed for employees who work under conditions of declaredinaccessibility.

Section 4. Compensation in Situation of Inaccessibility
If a state facility has not been closed but declared inaccessible in accordance with the Governor'spolicy and an employee is unable to report for work due to such conditions, he or she shall begranted administrative leave to cover his or her normally scheduled hours of work during theperiod of declared inaccessibility.

An employee who works at a state facility during a declared period of inaccessibility shall bepaid his or her regular salary and, if overtime work is required, in accordance with the overtimepay regulations. In addition, such employees shall be granted compensatory time off equal to thenumber of hours worked during the period of declared inaccessibility.

Section 5. Additional Timekeeping ProceduresIf a state facility has not been closed or declared inaccessible during severe weather or otheremergency conditions, an employee unable to report to work because of these conditions shall beallowed to use annual leave or compensatory time credits. If sufficient credits are not available,the employee shall be placed on lost time.When an employee is absent from a scheduled work period, a portion of which is covered by adeclaration of closure or inaccessibility, annual leave or compensatory time credits may be usedto cover that portion of his or her absence not covered by administrative leave. If sufficient creditsare not available, the employee shall be placed on lost time.Employees who suffer lost time as a result of the application of this policy shall receive credit fora completed biweekly work period for all other purposes.Part C. Allowance for Unclassified and Military ServiceFor the purposes of additional annual leave and longevity compensation, an employee shall beallowed state service credit for:120a. Employment in any non-elective excepted or exempted position in a principal department,the Legislature, or the Supreme Court, which immediately preceded entry into State-classifiedservice or for which a leave of absence was not granted.b. Up to five years of honorable active service in the armed forces of the United States for whicha Regular Military Leave of Absence would have been granted had the veteran been a Stateclassified employee at the time the employee entered upon military tour of duty.When an employee separates from the classified service and subsequently returns, militaryservice for which he or she previously received credit shall not count as currently continuousState service for purposes of requalifying for additional annual leave and longevitycompensation if the employee previously qualified for and received these benefits.^[2]

Part A. Sick Leave

Section 1. Accrual
Employees shall be granted four hours of sick leave with pay for each completed 80 hours ofservice or a pro-rated amount if paid service is less than 80 hours in the pay period. Paid servicein excess of 80 hours in a biweekly pay period shall not be counted. When service credits (hoursin pay status) do not total 80 hours in a biweekly work period, the employee shall be credited witha pro-rated amount of sick leave for that work period based on the number of hours in pay statusdivided by 80 hours multiplied by four hours. Sick leave may be accumulated throughout theemployee's period of service. Sick leave shall be considered available for use only in biweeklywork periods subsequent to the biweekly work period in which it is earned.

Section 2. Illness or Injury
Accumulated sick leave may be utilized by an employee in the event of illness, injury, temporarydisability or exposure to contagious disease endangering others, or for illness or injury in theemployee's immediate family, which necessitates absence from work. For the purposes of thisSection, immediate family includes the employee's spouse, parent, stepparent, foster parent,grandparent, parents-in-law, child, stepchild, brother, sister, and any persons for whose financialand physical care the employee is principally responsible.

An employee utilizing accumulated sick leave credits for illness or injury must notify his or hersupervisor or designee before the start of the employee's scheduled work shift, or as soonthereafter as possible, and receive approval for use of such sick leave.

The employee's supervisor, at the supervisor's sole discretion, may require the employee tosubstantiate or present suitable evidence of illness, injury, or medical services performed,pursuant to Article 27.

Section 3. Medical or Dental Appointments
Accumulated sick leave may be utilized by an employee for appointments with a doctor, dentist,or other licensed medical practitioner to the extent of time required to complete suchappointments, when it is not possible to arrange such appointments during non-duty hours.An employee must receive prior approval from his or her supervisor or designee prior to the useof sick leave pursuant to this Section.

Section 4. Funeral Leave
When death occurs in an employee's immediate family (i.e., spouse, parent, stepparent, fosterparent, grandparent, parents-in-law, child or stepchild, brother, or sister) an employee, on request,shall be excused for up to three days of regularly scheduled work following the death, providedthat he or she attends the funeral. After making written application thereof, the employee shallreceive sick leave pay for any scheduled hours of work up to eight per day for which he or she isexcused, provided he or she attends the funeral and has sick leave credits available. In the eventthe body of a member of the employee's family is not buried in continental North America solelybecause the cause of death has physically destroyed the body or the body is donated for medicalpurposes, the requirement that the employee attend the funeral will be waived. Payment shall bemade at the employee's regular straight-time hourly rate on the last day worked exclusive of shiftovertime and any other premiums.

Section 5. Funeral Service Leave
Notwithstanding the above, in the event of the death of an employee’s spouse, child, parent,brother or sister, the employee will be allowed 8 hours of paid funeral service leave on the day ofthe funeral to attend the funeral service.

Section 6. Payment at Separation
Employees hired prior to October 1, 1980
An employee who separates employment through retirement or death shall be paid for one-halfof unused accumulated sick leave at his or her last rate of pay. In case of death, such paymentshall be made to the employee's beneficiary or estate.

An employee who separates employment for reasons other than retirement or death shall be paidat his or her last rate of pay for a percentage of his or her unused accumulated sick leave accordingto the following chart.

[SEE NOTE 1 AT END OF ARTICLE FOR FULL TABLE]

Employees hired after October 1, 1980
Employees hired after October 1, 1980, shall be allowed accumulation and use of sick leavepursuant to the provisions of this Article. However, such employees shall not be entitled to payfor unused accumulated sick leave upon their separation from employment.

Part B. Sick Leave Bank
The employer agrees to establish a sick leave bank, where the hours accumulated under the physical fitness program contained in Article 27, Part D, and Section 4 shall be deposited. Theparties may, by mutual agreement, also deposit hours by voluntary contributions of accumulatedsick or annual leave credits donated by individual employees.

Thereafter, an employee may be entitled to receive additional time from the bank, subject to thefollowing conditions:

a. The employee has exhausted all sick leave credits, with no expectation of recrediting under Article 26, Part A, Section 1 of this contract.

b. The employee has been off without pay for at least three work days.

c. If an employee is eligible for payments from another benefit plan, sick leave from the bank may be disbursed in increments that cover the difference between the benefit level and full time employment, including waiting periods, subject to the conditions set forth herein.

d. If an employee is permanently unable to return to work, the employee may request leave credits from the bank if the leave credits, in reasonable amounts, would affect benefits under the State Police Retirement System.

The decision on a request for distribution of sick leave hours from the bank rests with the sixmember Safety Committee established in Article 22 of this contract. Sick leave disbursem*ntfrom the bank requires an affirmative vote of at least four members of the Safety Committee. Thedecision of the Safety Committee in this regard is final and binding.^[2]

Employees will be permitted to enroll in group insurance plans for which they are eligible duringtheir first 31 days of employment. Eligibility for coverage under these plans will be the first dayof the biweekly pay period after enrollment.

Part A. Health Insurance

Section 1. Options.
Members of the bargaining unit (hereinafter “employees”) may elect certain health insurancecoverages agreed upon duringthe course of contract negotiations. The available coverages are:

a. State Health Plan PPO [Blue Cross Blue Shield of Michigan (BCBSM)];

b. Health Maintenance Organizations (HMOs); and

c. COPS Health Trust Plan(s).

Section 2. Plan Information.
Summaries of each of the offered health plans are available at:
www.michigan.gov/mdcs/0,4614,7-147-22854_68703-356898--,00.html

This web page is not an all-inclusive plan design, but a summary of plan changes affectingemployees. Accordingly, this information shall not be construed to modify or supersede thevarious plan booklets, which can be viewed at:
www.michigan.gov/mdcs/0,4614,7-147-22854_38681---,00.html

When selecting a plan, or to understand deductibles, co-pays, co-insurances, or services coveredby each plan, employees must carefully review the plan books and not rely solely on thesummaries.

Section 3. Premiums.
The State will pay an amount equal to 80% of the premium for the State Health Plan PPO for thesame coverage code selected by the employee, regardless of the plan selected. The employee shallpay the balance of the premium charged by the selected plan. After the rates for the fiscal yearare established, comparative premium rates for those plans offered to employees are madeavailable at:
www.michigan.gov/mdcs/0,4614,7-147-22854_6649---,00.html.

Section 4. Subrogation.
In the event that a participant receives services that are paid by the State HealthPlan PPO (SHP), the SHP shall be subrogated to the participant’s rights of recovery and shallhave a lien on any and all of participant’s recovery, whether by suit, settlement, or otherwise, tothe extent that the SHP has paid for medical services related to the matter that is subject to theparticipant’s claim or action for personal injury. A participant shall take such action, including agood faith effort to pursue recovery of the payments made by SHP, to facilitate enforcement ofthe rights of the SHP, and shall not interfere with these subrogation rights as set forth herein.The amount of the SHP lien enforced against a recovery shall not exceed the amount of therecovery allocated for medical services in a judgment or settlement, nor shall it exceed the actualamount expended by SHP on behalf of the participant for medical services. In every case, theSHP, proportionate to the amount recovered by SHP, shall bear the costs of recovery, includingattorney fees.

Part B. Dental Insurance

Section 1. Coverage
The State will continue to provide the dental insurance program, including the Dental Point ofService PPO, currently in effect for employees and employee and dependent coverage, or asotherwise agreed by the parties during the term of this agreement. Detailed information about thecoverage available to employees can be found at:
www.michigan.gov/mdcs/0,4614,7-147-22854_22857_23300---,00.html

Section 2. Premiums
The State will pay 95% of the premium for the employee and employee and dependent coverage.The employee shall pay the balance.

Part C. Vision Care Insurance

Section 1. Coverage.
The State will continue to provide the vision insurance program currently in effect for employeesand employee and dependent coverage, or as otherwise agreed by the parties during the term ofthis agreement. Detailed information about the plan covering employees can be found by clickingthe Vision Plan link at:
www.michigan.gov/mdcs/0,4614,7-147-22854_38681---,00.html

Section 2. Premiums.
The State will pay 100% of the premium for the employee and employee and dependent coverage.

Part D. Life Insurance

The State will continue to provide a life insurance plan with the following coverage:

Section 1. Active Employee.
Coverage shall be 2.0 times basic annual salary (base hourly rate of pay, excluding all fringes,Supplements, and premiums, times 2088 hours) rounded upward to the nearest thousand dollars.

Section 2. Dependent Coverage.
The employee may choose between five levels of dependent coverage:

a. Level One – Spouse for $l,500; child(ren) for $1,000;

b. Level Two – Spouse for $5,000; child(ren) for $2,500;

c. Level Three – Spouse for $10,000; child(ren) for $5,000;

d. Level Four – The level of coverage on the employee's spouse shall be $25,000, and the level of coverage for enrolled dependent child(ren) shall be $10,000.

e. Level Five – The level of coverage for the employee’s spouse shall be $50,000, and the level of coverage for enrolled dependent child(ren) shall be $15,000.

f. Level Six – The level of coverage for enrolled dependent child(ren) shall be $10,000.

g. Level Seven – The level of coverage for enrolled dependent child(ren) shall be $15,000.

Dependent coverage for children shall be limited to infants 15 days or older. The optional lifeinsurance plan shall have an age ceiling of 23 years for dependent coverage, except that thereshall be no age ceiling for handicapped dependents. A dependent will be considered handicappedif he or she is unable to earn a living because of mental retardation or physical handicap anddepends chiefly on the employee for support and maintenance.

The Employer shall continue to provide and pay the entire premium for the duty-connectedaccidental death insurance plan, which is presently in effect. The benefit level shall be $100,000.

Section 3. Retiree Coverage.
An employee who retires during the term of this Agreement shall have coverage equal to 25% ofthe insurance in force at retirement. Dependent coverage will be in accordance with the StatePolice Retirement act (1986 PA 182, as amended).

Section 4. Premiums.

1. Active Employee – The State shall pay 100% of the premium for active employee coverage.

2. Dependent Coverage – The employee shall pay 100% of the premium for dependent coverage.

3. Retiree Coverage – The State shall pay 100% of the premium for an employee who retires during the term of this Agreement, as well as the premium for his or her spouse, if enrolled.

Part E. Flexible Benefits Plan

Section 1. Description.
Employees shall be eligible to participate in a Flexible Benefits Plan. The Flexible Benefits Planwill maintain the group insurance programs and options described in Parts A, B and C above, with the following additional choices:

a. A catastrophic health plan coverage option, rather than the standard health care plan or HMO coverage; Effective January 1, 2023 the Catastrophic Health Plan will be eliminated.

b. A preventive dental coverage, rather than the standard State Dental Plan; and

c. A life insurance coverage option equal to basic annual salary or $50,000 (rather than 2.0 times basic annual salary).

d. A State High Deductible Health Plan with Health Savings Account established by the Michigan Civil Service Commission Employee Benefits Division.

Section 2. Benefit Selections.
Employees will make individual benefit selections under the Flexible Benefits Plan using aselection form patterned after the enrollment forms used in the state's current Flexible BenefitsPlan, to include:

a. Any current individualized enrollment information on file for each employee; and

b. The benefit selections available, including costs or prices and incentives.

Benefit selections made by employees may be changed each year during the annual enrollmentprocess or when there is a change in family status as defined by the Internal Revenue Service.

Incentives are the same regardless of an employee's category of coverage. (e.g., an employeeenrolled in employee-only coverage and an employee enrolled in full-family coverage will eachreceive the $50 refund biweekly incentive, if each elected the catastrophic health care coverage).

The amount of the incentive to be paid to employees selecting the lower level of life insurancecoverage is based on an individual's annual salary and the rate per $1000 of coverage, and maytherefore differ from employee to employee.

Financial incentives paid under the Flexible Benefits Plan to employees electing catastrophichealth, no health care, and/or reduced life plan will be paid biweekly. Those choosing thepreventive dental plan or no dental plan will receive a lump sum payment.

The amount of incentives, if any, to be paid under the Flexible Benefits Plan will be determinedin conjunction with the annual rate setting process administered by the Civil Service Commission.

Part F. Long Term Disability

Section 1. Benefit.
The State shall continue to provide the same LTD insurance program for unit employees as wasprovided for unit employees on the effective date of this Agreement, except that effectiveOctober 1, 2006, the eligibility period for Plan II claimants who remain totally disabled shall bereduced from age 70 to age 65, or for a period of 12-months, whichever is greater. Additionally,the benefit period for "mental/nervous" claims shall be limited to 24 months from the beginningof the time a claimant is eligible to receive benefits. This limitation does not apply to mentalhealth claims where the claimant is under in-patient care. These changes shall only apply to newclaims made after September 30, 2006. This plan provides a minimum 30-day waiting periodwithout loss or use of sick leave after the employee completes the minimum waiting period andsubmits a claim for such insurance.

Section 2. Premiums.
The State shall pay 100% of the premium for such LTD insurance coverage for the term of thisAgreement.

Section 3. Option to Use.
Employees covered by the LTD insurance shall have the exclusive option of (1) exhausting sickleave and annual leave, pursuant to Article 28, Leaves of Absence, before they are granted amedical leave of absence, or (2) they may elect to take a medical leave of absence after completionof the required 30-day minimum waiting period and freeze any accumulated, unused sick and/orannual leave.

Section 4. Rider.
The Employer shall provide a rider to the existing LTD Insurance Program. All employees whoare enrolled in the LTD Insurance Program shall be automatically covered by this rider. The ridershall provide insurance which will pay directly to the carrier the full amount (100%) of healthinsurance (or HMO) premiums while such employee is on LTD insurance (or HMO) for amaximum of six months for each covered employee. The Employer shall pay 100% of the cost ofthe premium for such rider.

Part G. Deferred Compensation Plan

All employees within the unit may exercise their rights to participate in the State of Michigan'sDeferred Compensation Plans, as last adopted by the Civil Service Commission and may, duringthe life of this Agreement, exercise the rights and benefits under any renewed or modifiedDeferred Compensation Plans adopted by the Civil Service Commission. This does not includeany Employer match program which may be adopted by the Civil Service Commission for anyclassified employees. Participation of employees within the unit in such a program is subject tonegotiation between the parties.

Part H. Maintenance of Insurance Benefits

There are certain life and disability insurance programs to which the Department does notcontribute or pay any premiums nor have any control over. The Employer agrees to continuepermitting unit employees the convenience of voluntary payroll deductions for non-statesponsored programs (such as credit unions, charitable organizations and individual enrolledinsurance programs), but only in accordance with standards by the Department of Technology,Management and Budget pursuant to MCL 18.1283. The State makes no guarantee, and assumesno liability, for the administration, benefit level, or premium charges for enrollment in suchprograms. In addition, the State reserves the prerogative to institute or substitute alternativeprograms to any and all such programs, where such alternative(s) provides substantially similar(greater) benefits including, but not limited to, the option of establishing a rider on current Statesponsored insurance programs.

Part I. Open Enrollment

There will be an annual open enrollment period for the State Health Plan PPO, Dental Plan, andVision Care Plan for employees in this bargaining unit who are eligible according to the terms ofthe plans.

Part J. Continuation of Group Insurances

Section 1. Layoff.

a. Subject to limitations below, employees laid off from active state employment may elect to pre-pay the employee's share of premiums for health care, dental, vision care, and life insurance for the two additional pay periods after layoff by having such premiums deducted from their last paycheck. The Employer shall pay the Employer's share of premiums for health, dental, vision care, and life insurance for two pay periods for all employees who elect this option. Coverage for health, dental, vision care, and life insurance shall continue for these two pay periods.

b. Employees who are laid off may, at the time of layoff, elect to continue enrollment in the Health Plan (or HMO) and life insurance plan by paying the full amount (100%) of the premium. Such enrollment may continue until the employee is recalled or for a period of three years, whichever occurs first. Such employee may also elect to continue enrollment in the dental and/or vision plan by paying the full amount (100%) of the premium. Such enrollment may continue until the employee is recalled or for a period of 18 months, whichever occurs first. In accordance with subparagraph a. of this section, the Employer shall pay the Employer's share of such premiums for two pay periods for employees selecting these options.

Section 2. Leave of Absence.
Employees who are granted a leave of absence may elect to continue enrollment in the HealthPlan (or HMO) at the time leave begins. Such employees shall be eligible for continuedenrollment during the leave of absence by paying the full amount (100%) of the premium. Suchemployees may also elect, at the time the leave begins, to continue enrollment in the life insuranceplan for up to 12 months by paying the full amount (100%) of the premium. Suchemployees may likewise elect to continue enrollment in the dental plan and/or vision plan for upto 18 months by paying the full amount (100% of the premium).

Section 3. COBRA Benefits.
The State recognizes its obligations under the provisions of the Consolidated Omnibus BudgetReconciliation Act of 1985 (COBRA) in case of a qualifying event as defined by that statute.

Part K. Flexible Compensation Plan

The Employer shall maintain the current flexible compensation plan for employees in thisbargaining unit. In addition, bargaining unit members shall be offered the option to participate inthe State of Michigan dependent care and/or health flexible spending accounts authorized andestablished by the State in accordance with current Section 125 of the U.S. Internal RevenueService Code. This plan is subject to the restrictions established in Appendix I concerning theExcise Tax established by the Affordable Health Care Act.

Part L. Optional Coverage Program

The parties agree the Employer may extend the optional coverages program (OCP) to employeesin the bargaining unit. Employees who choose to voluntarily participate in the OCP may elect toenroll in one or more of the plans offered upon the terms and conditions set forth by the providerof the specific optional coverage plan(s). Employees who choose to not participate in the OCPwill not have any optional coverages.

Premiums required for any OCP plan in which the employee enrolls are the sole responsibility ofthe employee. Payment may be made through payroll deduction or direct bill as permitted by thespecific plan.

In the event any optional coverage plan is canceled or withdrawn, employees enrolled in the planwill be sent written notice at least 30 calendar days in advance of the coverage end date.

Part M. Complaints about Benefits

Any employee complaint regarding group insurance benefits shall be filed with the Civil ServiceCommission in accordance with Civil Service Commission regulation 5.18, effective August 31,2014.^[2]

Part A. Pension Plan

Section 1. 1986 PA 182
The State will maintain the State Police Pension Plan as provided in the State Police RetirementAct of 1986 (P.A. 182 of 1986), MCL 38.1601 et seq., as it exists on the effective date of thisAgreement, except as provided in Sections 10 and 11 of this Part and except as provided in PartB and Part C.

Section 2. Revision of 1986 PA 182
In the event that 1986 PA 182 is amended during the term of this Agreement, and suchamendment addresses a subject which is a mandatory subject of bargaining between the parties,this Agreement does not require that such amendment(s) be applied to employees or positions inthe bargaining unit.

Section 3. Insurances
Bargaining unit members who have retired on or after the effective date of this Agreement under1986 PA 182 (except current Section 30, MCL 38.1630) or their beneficiary and dependents, shallbe entitled to enroll in Group Dental and/or Vision Care Plan authorized for active employees bythe Michigan Civil Service Commission and the Department of Management and Budget. 90%of the applicable premiums payable by the retirant (or the retirant's beneficiary and enrolleddependents) for such coverage shall be paid by the State.

Bargaining unit members who have retired on or after the effective date of this Agreement underPublic Act 182 of 1986 (except current Section 30, MCL 38.1630), or their beneficiaries anddependents, shall continue to be entitled to enroll in the Group Health Care Plan authorized foractive employees by the Michigan Civil Service Commission and the Department of Managementand Budget. 95% of the applicable premiums payable by the retirant (or the retirant's beneficiaryand enrolled dependents) for such coverage shall be paid by the State.

Claims for services provided prior to enrollment shall not be payable under this Agreement.As soon as administratively feasible, bargaining unit members who have retired and are enrolledin Medicare Part A and Part B, may enroll, at their option, in Medicare Advantage.

Section 4. Pension Benefit
Consistent with 1986 PA 182, any pension which becomes payable on account of the attainmentof 25 years of service credit, duty-incurred disability, or duty-incurred death of a bargaining unitmember on or after October 1, 1986 shall be equal to 60% of the employee’s final averagecompensation; any pension which becomes payable on account of the nonduty-incurred death ordisability of a bargaining unit member on or after October 1, 1986 shall be calculated on the basisof the applicable years of service credit multiplied by 2.4.

Section 5. Deferred Retirement
A deferred pension shall continue to be calculated on the basis of years of service credit (not toexceed 25 years) times 2, as provided in Public Act 182 of 1986.

Section 6. Final Average Compensation
Whenever the term "average annual salary" is applied to members of this bargaining unit, inaccordance with past practice and 1986 PA 182, this term shall include the following:

a. Regular salary paid for the last two years of service including, but not limited to, that salary which is deferred pursuant to the state deferred compensation program;

b. Overtime, shift differential, and shift differential overtime paid for the last two years of service;

c. Workers' Compensation benefits paid for the last two years of service;

d. The following gross pay adjustments affecting the last two years of service:

1. Administrative Leave

2. Annual Leave

3. Call Back

4. Compensatory Time

5. Civil Rights Adjustment

6. Emergency Response Compensation

7. Fair Labor Standards Act Adjustment

8. Hazard Pay

9. Jury Duty

10. Military

11. On-Call

12. Overtime

13. Personal Sick Leave (except for payment for accumulated but unused sick leave at separation)

14. Reallocation (including retroactive classification actions)

15. Retroactive General Increase

16. Shift Differential

17. Shift Differential Overtime

18. Step Increase

19. Time and Attendance Adjustment

20. Working out of Class (under provisions of the Collective Bargaining Contract);

e. Up to a maximum of 240 hours of accumulated annual leave, paid at the time of retirement separation;

f. Deferred hours (Plans B of FY 1980-81 and FY 1981-82) that are paid at the time of retirement separation;

g. Longevity pay (two full years);

h. Bomb squad paid for the last two years of service;

i. On-call pay paid for the last two years of service.

Section 7. Adjusting Service Time
For purposes of computing average annual salary pursuant to these same statutory provisions, theterm "last two years of service for which the member was paid" shall be calculated based on thepayments made to the employee, for the compensation elements specified in Section 6 aboveduring the 24 calendar month period immediately preceding retirement. If the employee did notreceive full compensation in any of the 24 months immediately preceding retirement, an amountof time equal to the lost time shall be included, so that Final Average Compensation is based on24 complete months of earnings. Adjustments, if necessary, shall be made using the timeimmediately prior to the final 24 months of service.

Section 8. Procedure for Handling of Disability and Death Claims
The parties adopt and incorporate the following procedures for handling applications fordisability and death allowances submitted by or on behalf of bargaining unit members under theState Police Retirement Act of 1986 (the Act), MCL 38.1601 et seq, and this CollectiveBargaining Agreement. The parties agree that these procedures are intended to be applied in amanner that will allow the expeditious processing of claims that are clear and undisputed, whileproviding an efficient process for gathering information and acting on applications where thereare factual or legal issues that must be resolved by the Board.

A. Disability. A bargaining unit member may request a duty- or non-duty disability retirement allowance by filing an application with the Office of Retirement Service (ORS), which acts on behalf of the State Police Retirement Board (the Board). The application shall be on a form developed by the ORS and shall identify all medical or psychological conditions in support of the application.

1. The Director of the Department of State Police may submit an application on behalf of a bargaining unit member, if the Director believes that a question regarding the existence or extent of a disability exists and that the bargaining unit member may be entitled to a duty- or non-duty retirement allowance. In this event, the ORS shall provide the affected bargaining unit member with a copy of the application and the bargaining unit member will be considered an applicant for purposes of these procedures with the same rights and responsibilities as a bargaining unit member who voluntarily submits an application for a disability retirement allowance. Any requests for accommodation by an applicant under the Americans with Disabilities Act (ADA) or the Persons with Disabilities Act shall be made to the Department of State Police, and not to the ORS under these procedures.

2. Upon receipt of an application for a disability retirement allowance, the ORS shall appoint a physician, acting as an Independent Medical Advisor (IMA). The IMA will review the applicant's medical records and other relevant information to determine if the applicant meets the criteria for a State Police disability retirement. The IMA may request additional information or testing to assist in making this determination. If requested by the IMA, the ORS will schedule a medical examination of the applicant and the applicant shall cooperate by attending the examination and/or reporting for the requested test(s).

3. If the IMA determines that the disability and its extent meet the criteria for a State Police disability retirement, the Board authorizes the ORS to do either of the following:

i. Waive the application review by a Medical Review Panel and approve the non-duty disability application; or

ii. Waive the application review by the Medical Review Panel and present the duty- incurred disability application to the Board to determine whether the disability was duty-incurred.

4. If the IMA determines that the disability and its extent are not sufficiently documented and indicates that a bona fide disagreement as to the existence or extent of the disability may exist, the ORS shall arrange a Medical Review Panel.

i. The Medical Review Panel shall consist of the IMA, a physician designated by the Director of the Department of Community Health, and a physician selected by the applicant. If the applicant fails to provide the name of his or her selected physician within 30 days after the notice of the Medical Review Panel, the application will proceed based upon the information that is available to the remainder of the Panel.

ii. Either the applicant or the Director of the Department of State Police may submit additional information to the Medical Review Panel that is relevant to the existence, extent, or relationship to duty of the disability. The information shall be provided to the ORS within 30 days of the notice of the Medical Review Panel. The ORS shall be responsible for providing the information to each member of the Medical Review Panel.

iii. Any member of the Medical Review Panel may waive an in-person examination of the applicant if he or she believes that the medical evidence, test results, and any other information that has been submitted is sufficient to formulate an opinion regarding the existence of a disability or its extent.

iv. After the Panel has reviewed all medical evidence, test results, and any other information that has been submitted, and after the applicant has been examined (if deemed appropriate), the Medical Review Panel shall determine, based solely on the medical evidence submitted by the parties and any examination conducted, whether or not a disability exists and whether or not its extent meets the criteria for a State Police duty- or non-duty disability retirement.

v. Each member of the Medical Review Panel shall complete a medical advisor statement concerning the disability and its extent.

vi. If a bargaining unit member seeks a duty-incurred disability retirement allowance and the relationship to duty depends upon the interpretation of medical facts, the Medical Review Panel may render an advisory opinion on this issue.

vii. After a Medical Review Panel has considered an application for a disability retirement, ORS shall promptly forward to the applicant, the applicant's representative, and the Director of the Department of State Police, the following information:

a. A copy of the findings of the Medical Review Panel on disability and its extent; and

b. A copy of the Medical Review Panel's advisory opinion(s), if any, on the issue of the disability's relation to duty.

viii. In the absence of a timely-filed appeal by the applicant under Subsection c. of this Section, the findings of the Medical Review Panel as to the existence of a disability shall be binding.

5. When a question of relationship to duty arises in a disability case and it cannot be resolved upon the basis of the applicant's medical condition and history, the ORS may, on its own, or at the request of the Director of the Department of State Police, conduct an investigation. This does not preclude the Department of State Police from initiating its own investigation and submitting the results to the ORS, with a copy to the applicant.

6. If the ORS denies a disability retirement allowance of any kind, the ORS shall notify the applicant in writing of its action. The notification shall inform the applicant of the right to request an evidentiary hearing as set forth in Subsection c.

7. If the ORS denies a duty disability retirement allowance but determines that the criteria for a non-duty disability allowance have been met, the ORS shall notify the applicant in writing of its action. The notification will inform the applicant of the right to request an evidentiary hearing as set forth in Subsection c.

8. If the ORS denies a duty disability retirement allowance but determines that the criteria for a non- duty disability allowance have been met, the applicant may make a written request to the ORS that it process the non-duty disability retirement and pay that allowance during the pendency of a final decision by the Board on the issue of duty relatedness. Upon receipt of such a request, the ORS shall process the claim for non-duty disability benefits without prejudice to the applicant's right to seek duty-incurred disability benefits, retroactive to the date of retirement.

b. Death. If a bargaining unit member dies, a surviving spouse or beneficiary may file an application for a death allowance. The Director of the Department of State Police shall promptly notify the ORS of the bargaining unit member's death so that a determination can be made regarding the spouse's or dependent(s)' eligibility for a duty-incurred or non-duty death allowance.

1. If ORS determines that there is no dispute that the bargaining unit member’s death meets the criteria for a non-duty death benefit and that the bargaining unit member had the necessary time in service, the Board authorizes the ORS to promptly approve the application and process benefits in accordance with MCL 38.1627.

2. If ORS determines that there is no dispute that the bargaining unit member’s death meets the criteria for a duty-related death allowance, the ORS shall promptly schedule a special meeting of the Board to consider whether the bargaining unit member's death meets the criteria for a duty-related death allowance.

3. If ORS denies a non-duty or duty-incurred death allowance, it shall notify the applicant in writing of its action. The notification shall inform the applicant of the right to request an evidentiary hearing as set forth in Subsection c.

4. If the Board denies an application for a duty-related death allowance without first giving the applicant notice of the right to request a hearing, the ORS will notify the spouse or eligible beneficiaries of the denial. The notification shall inform the applicant of the right to request an evidentiary hearing as set forth in Subsection c.

5. If the Board denies the application for a duty-incurred death allowance under paragraph 4. above but determines that a non-duty death allowance is payable, it shall direct the ORS to process a non-duty death allowance without prejudice to the right of the spouse or beneficiary to exercise the right to a hearing under Subsection c. below.

c. Request for Hearing. If, without first giving the applicant notice of the right to request a hearing, the ORS or the Board denies an application for a duty or non-duty disability retirement allowance or death allowance, the ORS shall notify the applicant of the denial and of his or her right to request a hearing on this issue.

1. The notice shall inform the applicant that the request for a hearing must be filed in writing with the ORS within 60 days after the date the notice was mailed and that the request

should contain all of the following:

a. A fair and accurate statement of the facts as the applicant understands them;

b. The reason(s) supporting the applicant's claim; and

c. The reasons why the determination regarding the absence of a disability or the determination to deny duty- or non-duty death or disability benefits should be reversed.

2. Upon receipt of a timely request, the ORS shall arrange for an administrative hearing without undue delay.

3. The hearing, proposal for decision, and final decision and order, shall be conducted and administered pursuant to the contested case procedures of the Administrative Procedures Act, 1969 PA 306, as amended, being MCL 24.271 – 24.287. Medical reports and records shall be admitted into evidence by the presiding officer in lieu of requiring attendance at a hearing by medical personnel.

4. In the event the applicant or the employer offers into evidence at the hearing the deposition(s) of a treating physician and/or an independent medical examination physician hired by the employer whose reports or materials appear within the administrative record for the hearing, the presiding officer shall admit the deposition(s) into evidence and may determine the appropriate evidentiary value to be given to the deposition(s). Nothing herein precludes the applicant or the employer from producing the deponent as a witness at the hearing.

5. The applicant and the ORS shall be furnished with a copy of the proposal for decision issued by the presiding officer and any exhibits or other items of public record that will be submitted to the Board to be used in making its final decision.

6. The Board shall review the findings and proposal for decision submitted by the presiding officer. Neither the findings of the Medical Review Panel nor the proposal for decision shall be binding on the presiding officer or the Board. The Board shall issue a final decision in the matter, which shall be based upon competent, material, and substantial evidence in the whole record.

7. The final decision of the Board may be reviewed by a court as set forth in the Administrative Procedures Act, 1969 PA 306, as amended, being MCL 24.301 - 24.306.

d. Except as modified by the current or a future Collective Bargaining Agreement, the rights of bargaining unit members and their retirement beneficiaries to a retirement allowance shall be in accordance with the provisions of the State Police Retirement Act of 1986 (1986 PA 182, as amended), MCL 38.1601, et seq., as it existed on October 1, 2005.

Section 9. Post Retirement Adjustment.
An employee (or beneficiary if applicable) shall be entitled to receive the annual post retirementadjustment set forth below, if:

a. The employee is eligible for a retirement allowance under 1986 PA 182 directly following separation from state service and has a retirement allowance effective date on or after October 1, 1989, or

b. The employee defers retirement under MCL 38.1630 on or after October 1,1989.

Each retirement allowance shall be increased each October 1 beginning with the later of October1, 1990 or the first October 1 which is at least 12 months after the retirement allowance effectivedate. The amount of the annual adjustment shall be equal to two percent of the initial retirementallowance not to exceed $500.

The annual adjustments are cumulative but are not compounded. Once the first adjustment isreceived, the monthly benefit will increase by the same amount each October 1 thereafter.

Section 10. Survivor Pension Payments.

a. Any individual hired after July 1, 2006 as a new bargaining unit employee may elect, prior to retirement, a survivor (spouse or child less than 18 years of age) retirement allowance option of 100%, 75%, or 50% at actuarially reduced monthly payments, including dutyincurred disability and non-duty disability retirement. An eligible survivor beneficiary shall be either a spouse, brother, sister, parent, child, including an adopted child, or grandchild of the person making the designation. If the retiring employee is married at the time of retirement, the spouse must sign off on any designation that does not name the spouse as 100% survivor beneficiary.

b. A bargaining unit member or deferred bargaining unit member who elects one of the survivor options and whose retirement allowance beneficiary dies before the retirant shall have his or her retirement allowance increased to the full, straight life amount.

c. A retirant, who is divorced after payment of his or her retirement allowance begins and whose former spouse is his or her retirement allowance beneficiary, may change his or her survivor option to the straight life option only if an order of the court states that the election of a survivor option under paragraph (a) of this section is to be considered void by the retirement system. A retirant who subsequently remarries may elect a survivor retirement allowance option for his or her spouse of 100%, 75%, or 50% of his or her actuarially reduced monthly payments, unless otherwise precluded by court order.

d. A bargaining unit member who is not married at the time of retirement and did not elect a retirement allowance beneficiary who subsequently marries may elect a survivor retirement allowance option for his or her spouse of 100%, 75%, or 50% of his or her actuarially reduced monthly payments.

e. A retirant whose spouse is the designated survivor beneficiary may change his or her retirement allowance beneficiary if the beneficiary predeceases the retirant and the retirant subsequently remarries and wishes to designate the new spouse as a retirement allowance beneficiary.

f. For any of the allowable changes to a retirement allowance beneficiary after retirement, survivor retirement allowance payments shall be based upon the retirant's and his or her spouse's ages at the time of their marriage. The retirant must file a written request with the retirement system to name his or her current spouse as a retirement allowance beneficiary not earlier than 180 days and not later than 1 year after the marriage of the retirant and the current spouse. A spouse who is added as a retirement allowance beneficiary in this manner is not eligible for the payment of insurance premiums. If the retirant dies no later than 12 months after the effective date of the new survivor retirement allowance, the spouse’s survivor payments ,must terminate after the death of the retirant.

g. If a retirant elects a survivor retirement allowance option after his or her retirement under paragraph c. or d. of this Section, the retirement allowance beneficiary shall only be designated as such for that portion of the retirement allowance not subject to an eligible domestic relations order assigning a previous spouse a reduced benefit under MCL 38.1704(b).

Section 11. Employee Contribution

a. Effective October 1, 2012, Bargaining Unit employees covered by the State Police Defined Benefits Retirement Plan will contribute 1% of compensation to such plan.

b. Effective October 1, 2013, Bargaining Unit employees covered by the State Police Defined Benefits Retirement Plan will contribute an additional 1% of compensation to such plan for a total contribution of 2% of compensation.

Part B. Deferred Retirement Plan Option

Section 1. Eligibility and Plan Overview
An employee who has 25 years or more of credited service under the State Police Retirement Actof 1986, as amended, or former act 1935 PA 251, or both, may elect to participate in the deferredretirement option plan (DROP) by executing the application provided by the Office ofRetirement Services. Once the application is accepted by the Office of Retirement Services, theemployee's participation in the DROP is irrevocable and he or she becomes a DROP participant.The employee is solely responsible for any federal, state, or local tax due as a result of his or herparticipation in the DROP.

Participation in the DROP does not guarantee continued employment. Except as otherwiseprovided in this article, an employee who elects to participate in the DROP will remain an activeemployee eligible to receive any applicable wage changes and benefits and will be subject topolicies and procedures of the Department of State Police in the same manner as if he or she hadnot elected to participate in the DROP.

For each fiscal year that begins on or after October 1, 2004, the Director of State Police and theRetirement Board may elect to discontinue accepting applications for the deferred retirementoption plan.

Section 2. Participation Period
An employee shall indicate on the application for the DROP the number of years that theemployee wants to participate in the DROP, up to a maximum of six years. As a condition forparticipation, the employee agrees to retire at the conclusion of his or her participation in theDROP.

Section 3. DROP Benefit and Account
A deferred retirement option plan account shall be created in the accounting records of theretirement system for each DROP participant. Each deferred retirement option plan account shallearn interest at the rate of 3% per annum, prorated for any fraction of a year. The DROP accountof a DROP participant shall be credited with the following percentage of his or her monthlyretirement allowance as calculated pursuant to MCL 38.1624 as if he or she had retired on theday prior to becoming a DROP participant:

a. 100% if the employee remains in the DROP for six years.

b. 90% if the employee remains in the DROP for five years but less than six years.

c. 80% if the employee remains in the DROP for four years but less than five years.

d. 70% if the employee remains in the DROP for three years but less than four years.

e. 60% if the employee remains in the DROP for two years but less than three years.

f. 50% if the employee remains in the DROP for one year but less than two years.

g. 30% if the employee remains in the DROP for less than one year.

A DROP participant shall not receive a monthly retirement allowance, as calculated pursuant tothe Retirement Act, until termination of his or her DROP participation and commencement ofretirement. A DROP participant shall not have any claim to any funds in his or her DROP accountuntil he or she retires at the termination of his or her DROP participation.

Section 4. Distribution of DROP Funds
Upon termination of the DROP participation and commencement of retirement, the formerDROP participant shall select one or more of the following options with regard to his or herDROP account:

a. A total lump sum distribution.

b. A partial lump sum distribution.

c. A lump sum direct rollover to another qualified plan if allowed by federal law and subject to the procedures of the retirement system.

d. Maintain the funds in the account.

A former DROP participant shall remove all funds from his or her DROP account no later thanApril 1 following the later of the calendar year in which the DROP participant attains 70 years,six months of age or the calendar year in which the DROP participant is retired.

Section 5. Death or Disability
If a DROP participant or former DROP participant dies before removing all funds from his or herDROP account, the former DROP participant's designated beneficiary shall receive any remainingbalances. If the former DROP participant has not named a beneficiary for his or her DROPaccount, the amount in the DROP account shall be paid to the beneficiary of the former DROPparticipant's retirement allowance. If the former DROP participant has not named a beneficiaryto his or her retirement allowance, the balance in the former DROP participant's account shall bepaid to the former DROP participant's estate.

If a DROP participant is found to be disabled under MCL 38.1629, his or her participation in theDROP shall immediately cease and he or she shall be retired.

Section 6. IRC Compliance
The DROP shall be administered in compliance with Section 415 of the Internal Revenue Code,26 USC 415, and regulations under that section that are applicable to a governmental deferredretirement option plan. If there is a conflict between this section and another section of this article,this section prevails.

If the department receives notification from the United States internal revenue service that thisarticle or any portion of this article will cause the retirement system to be disqualified for taxpurposes under the internal revenue code, 26 USC 1 through 1789, then the portion that will causethe disqualification does not apply.

Section 7. Special Provisions
Notwithstanding any other contractual provision, the following special provisions apply to aDROP participant:

a. At the time of acceptance to the DROP, the DROP participant shall be paid for his or her accrued eligible sick leave, subject to Subsection g. A DROP participant shall not accrue any further sick leave. A DROP participant may use up to 240 hours of sick leave for which payment was not received. No payment will be made at retirement for any unused sick leave.

b. At the time of acceptance to the DROP, the DROP participant shall be paid for his or her accrued annual leave up to 240 hours, subject to Subsection g. Any accrued annual leave in excess of 240 hours may be used by the DROP participant.

c. Excluding participation in the banked leave time program, each DROP participant shall receive a total of 7.7 hours of annual leave for each 80 hours of paid service in a biweekly work period; however, the maximum number of annual leave hours that a DROP participant may accumulate, including annual leave hours remaining prior to DROP participation, is 200 hours. If a DROP participant is not paid for 80 hours in a biweekly work period, the participant shall be credited with a prorated amount of annual leave for that work period. A DROP participant on an alternative work schedule of more than 80 hours of paid service in a biweekly work period shall only receive 7.7 hours of annual leave in the biweekly work period. At retirement, the DROP participant will only be paid for a maximum of 76 hours of annual leave.

d. Drop participants shall not be eligible for, and cannot receive, any longevity pay.

e. As of the effective date of participation in the DROP, a participating employee is paid for all accrued compensatory time. As of the effective date of participation in the DROP, a participating employee and the employee's supervisor may agree to allow the employee to accrue up to 48 hours of compensatory time. A participating employee is paid for up to 48 hours of unused compensatory time at retirement.

f. DROP participants shall pay group insurance plan premiums equal to the amount the employee would have paid if the employee had retired on the day before becoming a DROP participant.

g. Payments due an employee upon approval to participate in the DROP, such as for accrued sick leave, annual leave, compensatory time, and similar items, may be paid at the sole discretion of the state, at the rate of 17% per year until the DROP participant retires, at which time any remaining balance shall be paid. This provision shall not affect how an employee's final average compensation is determined for purposes of calculating his or her retirement benefit pursuant to section 24 of the retirement act.

h. Solely for purposes of voluntary transfer under the provisions of Article 13, a trooper shall be considered as having three years of time in service seniority, and sergeants shall be considered as having one year of time in rank seniority.

i. DROP Participants shall be paid at the appropriate 15-year pay rate. In the event the Trooper and Sergeant pay ranges in Article 36 are modified effective April 3, 2022, DROP Participants shall be paid at the appropriate 10-year pay rate

Section 8. Additional Provision
In the event command officers of the department are offered terms in DROP benefits relating toSection 3 and Section 7 g. above, that the Association considers favorable to them in the samesections, the Association, upon notice and demand to the Office of the State Employer, will begranted the same provision for all employees as are granted to the command officers for theduration of the current agreement.

Part C. Defined Benefit/Defined Contribution Hybrid Plan for New Troopers

Section 1. Eligibility and Plan Overview
The Defined Benefit/Defined Contribution Hybrid Retirement Plan will cover all newBargaining Unit employees beginning with the 123rd Trooper Recruit School.^[2]