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THE CITY OF ALBUQUERQUELABOR MANAGEMENT RELATIONS BOARDIN THE MATTER OF PROHIBITED PRACTICE:THE ALBUQUERQUE POLICE OFFICERS’ASSOCIATION,Petitioner,vs.No. LB 08-16THE CITY OF ALBUQUERQUE,THE CITY OF ALBUQUERQUEPOLICE DEPARTMENT ANDCHIEF RAYMOND G. SHULTZ,Respondents.SETTLEMENT AGREEMENT
WHEREAS, the Albuquerque Police Officers’ Association (“APOA”) filed aProhibited Practice Complaint (“PPC”) against the City of Albuquerque, the City of Albuquerque Police Department and Chief Raymond G. Schultz (hereinafter collectively“Respondents”) alleging that the Respondents had violated the Collective BargainingAgreement in effect between the APOA and the City of Albuquerque with respect to paying graveyard shift officers for overtime pursuant to the Collective BargainingAgreement;WHEREAS, the Collective Bargaining Agreement controls the workingconditions of officers and members of the APOA;WHEREAS, the APOA alleges that the language contained in the CollectiveBargaining Agreement and past practice of the Parties has been that officers who work the graveyard shift and have court following the end of their shift were paid two hours of overtime;
 
WHEREAS, the APOA alleges that commencing as early as 1993 forward, theCollective Bargaining Agreement has contained the following language:Officers assigned to graveyard shift who have worked the previous shift will be paid a minimum of two (2) hours attime-and-one-half beginning thirty (30) minutes after shiftends plus actual time spent in court following two-and-one-half (2-1/2) hours after close of shift. See section 2.1.4 of the July 1, 2008 – June 30, 2001 CBA.WHEREAS, the APOA alleged in its PPC that beginning in May of 2008 theDepartment unilaterally, through a Special Order issued by Captain Callaway, changedthe above conditions and directed that certain graveyard officers would no longer receivethe two hours at time-and-one-half as provided for by the Collective BargainingAgreement (
 see
Exhibit A attached hereto);WHEREAS, the APOA alleges in its PPC that such change is in violation of theabove-quoted contract language and past practice of the Department;WHEREAS, the parties having met and conferred concerning a resolution of theallegations raised within the PPC and having resolved their differences; andWHEREAS, the parties have agreed to resolve the outstanding issues remainingin this PPC filed May 16, 2008. NOW, THEREFORE, in consideration of the following terms and conditions, the parties agree as follows:1.This Settlement Agreement is made and entered into this _________day of March 2009 by and between the APOA and the City of Albuquerque, the City of Albuquerque Police Department and Chief Raymond G. Schultz.2.The Department recognizes the contract language above-cited and the intent tocompensate graveyard offices following their shift for the time spent waiting for court.2
 
3.The Parties have agreed that officers assigned to graveyard shift that haveworked the previous shift and whose shift ends at 6:00 a.m., 7:00 a.m. and 8:00 a.m. will be paid a minimum of two (2) hours at time-and-one-half beginning thirty (30) minutesafter their shift ends plus the actual time spent in court following the two and one-half (2½) hours after close of their shift. This provision is not applicable if the officer’s courtappearance is scheduled to begin at 10:00 a.m. or later in the morning court session. If the officer’s court appearance is scheduled to begin at 10:00 a.m. or later in the morningcourt session, the officer shall receive a minimum of two (2) hours of court time at time-and-one-half beginning at the scheduled court time. (
See
Memorandum of UnderstandingCourt Allowance, attached hereto as Exhibit B.)4.The Parties have agreed, in order to facilitate a return to the contract languageand past practice, graveyard officers will be required to clock out of Metropolitan Court.The intent and purpose of this provision is that officers, before they leave MetropolitanCourt, will be required to use their identification card and use the computer system atMetropolitan Court to evidence said officer is leaving court.5.The APOA will await information from the Chief of Police concerning the possibility of graveyard officers returning to four, ten-hour shifts. If this occurs, theAPOA will assist in attempting to negotiate a return to four, ten-hour shifts in lieu of anycompensation owed to the officers as a result of this unilateral change in workingconditions.6.If such a settlement agreement cannot be reached, the Department may schedulegraveyard shifts between four, ten-hour and five, eight-hour shifts as required bymanpower needs.3
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