THE CITY OF ALBUQUERQUE

LABOR MANAGEMENT RELATIONS BOARD

IN THE MATTER OF PROHIBITED PRACTICE:

THE ALBUQUERQUE POLICE OFFICERS’

ASSOCIATION,

Petitioner,

vs. No. LB 08-16

THE CITY OF ALBUQUERQUE,

THE CITY OF ALBUQUERQUE
POLICE DEPARTMENT AND
CHIEF RAYMOND G. SHULTZ,

Respondents.

SETTLEMENT AGREEMENT

WHEREAS, the Albuquerque Police Officers’ Association (“APOA”) filed a

Prohibited Practice Complaint (“PPC”) against the City of Albuquerque, the City of

Albuquerque Police Department and Chief Raymond G. Schultz (hereinafter collectively

“Respondents”) alleging that the Respondents had violated the Collective Bargaining

Agreement in effect between the APOA and the City of Albuquerque with respect to

paying graveyard shift officers for overtime pursuant to the Collective Bargaining

Agreement;

WHEREAS, the Collective Bargaining Agreement controls the working

conditions of officers and members of the APOA;

WHEREAS, the APOA alleges that the language contained in the Collective

Bargaining Agreement and past practice of the Parties has been that officers who work

the graveyard shift and have court following the end of their shift were paid two hours of

overtime;
 WHEREAS, the APOA alleges that commencing as early as 1993 forward, the

Collective Bargaining Agreement has contained the following language:

Officers assigned to graveyard shift who have worked the

previous shift will be paid a minimum of two (2) hours at
time-and-one-half beginning thirty (30) minutes after shift
ends plus actual time spent in court following two-and-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 the

Department unilaterally, through a Special Order issued by Captain Callaway, changed

the above conditions and directed that certain graveyard officers would no longer receive

the two hours at time-and-one-half as provided for by the Collective Bargaining

Agreement (see Exhibit A attached hereto);

WHEREAS, the APOA alleges in its PPC that such change is in violation of the

above-quoted contract language and past practice of the Department;

WHEREAS, the parties having met and conferred concerning a resolution of the

allegations raised within the PPC and having resolved their differences; and

WHEREAS, the parties have agreed to resolve the outstanding issues remaining

in this PPC filed May 16, 2008.

NOW, THEREFORE, in consideration of the following terms and conditions, the

parties agree as follows:

1.This Settlement Agreement is made and entered into this _________day of

March 2009 by and between the APOA and the City of Albuquerque, the City of

Albuquerque Police Department and Chief Raymond G. Schultz.

2.The Department recognizes the contract language above-cited and the intent to

compensate graveyard offices following their shift for the time spent waiting for court.

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 3.The Parties have agreed that officers assigned to graveyard shift that have

worked the previous shift and whose shift ends at 6:00 a.m., 7:00 a.m. and 8:00 a.m. will

be paid a minimum of two (2) hours at time-and-one-half beginning thirty (30) minutes

after their shift ends plus the actual time spent in court following the two and one-half

(2½) hours after close of their shift. This provision is not applicable if the officer’s court

appearance is scheduled to begin at 10:00 a.m. or later in the morning court session. If

the officer’s court appearance is scheduled to begin at 10:00 a.m. or later in the morning

court session, the officer shall receive a minimum of two (2) hours of court time at time-

and-one-half beginning at the scheduled court time. (See Memorandum of Understanding

Court Allowance, attached hereto as Exhibit B.)

4.The Parties have agreed, in order to facilitate a return to the contract language

and past practice, graveyard officers will be required to clock out of Metropolitan Court.

The intent and purpose of this provision is that officers, before they leave Metropolitan

Court, will be required to use their identification card and use the computer system at

Metropolitan Court to evidence said officer is leaving court.

5.The APOA will await information from the Chief of Police concerning the

possibility of graveyard officers returning to four, ten-hour shifts. If this occurs, the

APOA will assist in attempting to negotiate a return to four, ten-hour shifts in lieu of any

compensation owed to the officers as a result of this unilateral change in working

conditions.

6.If such a settlement agreement cannot be reached, the Department may schedule

graveyard shifts between four, ten-hour and five, eight-hour shifts as required by

manpower needs.

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 7.If no settlement can be reached as discussed in paragraph 4 above, an audit will

be conducted of all officers who have worked graveyard since May of 2008 who have

been impacted by this unilateral change in working conditions.

8.As a result of the audit, any officers who are owed money will be compensated

for such sums.

9.The Parties agree that this Agreement is entered into to avoid the expense and

burden of any litigation and to terminate all controversies and/or claims against the

Respondents regarding this specific matter.

10.This Agreement constitutes the complete understanding between the parties

and all prior representations are merged into this Agreement

11.The parties acknowledge that each has read the foregoing carefully, fully

understands its terms, and are executing such agreement voluntarily and without any

coercion, undue influence, threat, or intimidation of any type whatsoever.

Ron Olivas, President

Albuquerque Police Officers’ Association

Frederick M. Mowrer
Attorney for Petitioner

Raymond G. Schultz, Chief

Albuquerque Police Department

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 Lawrence Torres
Director of Employee Relations

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