EFFECTIVE: July 1, 2004         EXPIRING: June 30, 2008

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STATE OF CONNECTICUT, acting by and through the Office of Labor Relations, hereinafter called “the State” or “the Employer” and the PROTECTIVE SERVICES EMPLOYEES COALITION, IUPA/IAFF, AFL-CIO, hereinafter called “the Union”.

WITNESSETH:

WHEREAS the parties of this Agreement desire to establish a state of amicable, understanding cooperation and harmony, and

WHEREAS the parties to this Agreement consider themselves mutually responsible to improve the public service through increased morale, efficiency, and productivity;

Section One.  The State of Connecticut herein recognizes the Protective Services Employees Coalition, IUPA/IAFF, AFL-CIO as the exclusive representatives of the State employees whose job titles were placed within the following certified unit by the Connecticut State Board of Labor Relations or by Agreement of the parties:  The Unit of Protective Services Employees, Case No. SE-5953.  The State furthermore acknowledges that for purposes under this Agreement the Employer is the State even though employees are assigned and take direction from an agency within which they work.

Section Two.  (a)  This Agreement shall pertain only to those employees whose job titles fall within the certification above cited.  All employees except those specifically exempted under Section 5-270 (C.G.S.) or by mutual consent of the parties shall be covered by this Agreement.

(b)  This Agreement shall not apply to non-permanent employees defined as those who are appointed on a temporary,
emergency, durational not to exceed twelve (12) months, or seasonal basis.  Employees appointed originally on a provisional basis shall be covered by the agreement provided they shall have no right of appeal from termination unless and until they have completed the merit examination and appointment requirements and completed the working test period.  Persons serving a working test period are not excluded.

Section One.  Each employee shall be expected to render a full and fair days work in an atmosphere of mutual respect and dignity, and free from significant abusive and/or arbitrary conduct.

Section Two.  An employee’s off-duty conduct, speech, beliefs and politics shall not in and of themselves, impact on his/her employment unless clearly job related.

Section Three.  Whenever a Protective Services Bargaining Unit employee covered under this contract is under investigation or subjected to interrogation for any reason which could lead to suspension, demotion, dismissal, disciplinary action, or criminal charges, such investigation or interrogation shall be conducted as nearly as is practicable under the following conditions:

(1)  The interrogation shall be conducted at a time when the employee is on duty, unless the seriousness of the investigation is of such degree that an immediate interrogation is required;

(2)  The employee under investigation shall be informed of the name(s) and agency of the person in charge of the investigation, and of those conducting the interrogation, and the reasons for the investigation;

(3)  Whenever the interrogation relates to the employee being placed under arrest, or is likely to be arrested or is a suspect or target of a criminal investigation, he/she shall be afforded all constitutional rights;

(4)  An employee shall be entitled to union representation at each step of the grievance procedure and all predisciplinary hearings;

(5)  Prior to any disciplinary hearing or predisciplinary hearing, involving noncriminal charges against an employee, a copy of all complaints and statements will be submitted to the accused.  No record of complaint against any employee shall be kept in an employee’s personnel file unless such record includes identification of the complainant;

(6)  Interrogation sessions shall be for reasonable periods and shall be timed to allow such personal necessities and rest periods as are necessary;

(7)  No employee shall be requested to sign a statement of an admission of guilt to be used in any disciplinary proceeding without having consulted with a Union representative or having signed a written waiver of rights to representation;

(8)  In cases in which the facts, in a claim against the employee, if proven, would constitute criminal behavior, the employee may refuse to answer questions on the grounds that the answer would tend to incriminate him.  If the facts alleged would not constitute a crime, if the employee at first refuses to answer questions on the grounds of self-incrimination, the employer may specifically order him to do so, in which case, the employee shall be required to answer, but the answer will be treated as involuntary and may not be used in any criminal proceedings against him.

Section One.  The parties herein agree that neither shall discriminate against any employee on the basis of race, color, religious creed, sex, age, national origin, ancestry, marital status, mental retardation or physical disability including, but not limited to, blindness, or lawful political activity.

Section Two.  Neither party shall discriminate against an employee on the basis of membership or non-membership or lawful activity in behalf of the exclusive bargaining agent.

Section Three.  Affirmative Action.  The parties acknowledge the need for positive and aggressive affirmative action, inclusive of upward mobility programs, to redress the effects of past discrimination, if any, whether intentional or unintentional; to eliminate present discrimination, if any; to prevent further discrimination and to ensure equal opportunity in the application of this Agreement.  Problems, either ripe or anticipated, which impact upon philosophy and/or directives of this Section shall be appropriate for continuing discussion between the parties, but shall not be subject to the grievance procedure.

Section One.  Neither the Union nor any employee shall engage in, induce, support, encourage, or condone a strike, sympathy strike, work stoppage, slowdown, concerted withholding of services, sick-out or any interference with the mission of any State agency.  This Article shall be deemed to prohibit the concerted boycott or refusal of overtime work.

Section Two.  The Union shall exert its best efforts to prevent or terminate any violation of Section One of this Article.

Section One.  Except as otherwise limited by an express provision of this Agreement, the State reserves and retains, whether exercised or not, all the lawful and customary rights, powers and prerogatives of public management.  Such rights include, but are not limited to, establishing standards of productivity and performance of its employees; determining the mission of an agency and the methods and means necessary to fulfill that mission, including the contracting out of or the discontinuation of services, positions, or programs in whole or in part; the determination of the content of job classifications; the appointment, promotion, assignment, direction and transfer of personnel; the suspension, demotion, discharge or any other appropriate action against its employees; the relief from duty of its employees because of lack of work or for other legitimate reasons; the establishment of reasonable work rules; and the taking of all necessary actions to carry out its mission in emergencies.

Section Two.  Those inherent management rights not restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance procedure.

Section One.  During the life of this Agreement, an employee retains the freedom of choice whether or not to become or remain a member of the Union which has been designated as the exclusive bargaining agent.

Section Two.  Union dues and/or assessments shall be deducted by the State employer biweekly from the paycheck of each employee who signs and remits to the State an authorization form.  Such deduction shall be discontinued upon written request of an employee thirty (30) days in advance.

Section Three.  An employee who within thirty (30) days after initial employment in the bargaining unit fails to become a member of the Union or an employee whose membership is terminated for nonpayment of dues or who resigns from membership shall be required to pay an agency service fee under Section Four.

Section Four.  The State shall deduct the agency service fee biweekly from the paycheck of each employee who is required under Section 5-280(a) C.G.S. to pay such fee as a condition of employment, provided, however, no such payment shall be required of an employee whose membership is terminated for reasons other than nonpayment of dues or who objects to payment of such fee based on the tenets of a religious sect.  The amount of agency service fee shall not exceed the minimum applicable dues payable to the exclusive bargaining agent or any employee organization constituent thereof.

Section Five.  The amount of dues, assessments or agency service fee deducted under this Article shall be remitted to the Treasurer of the Union as soon as practical after the payroll period in which the deduction is made together with the list of employees for whom any such deduction is made.

Section Six.  No payroll deduction of dues, assessments or agency service fee shall be made from worker’s compensation or for any payroll period in which earnings received are insufficient to cover the amount of deduction, nor shall such deductions be made from subsequent payrolls to cover the period in questions (non-retroactive).

Section Seven.  Payroll deduction of Union dues shall be discontinued for other employee organizations not parties to this Agreement.

Section Eight.  The State employer shall continue its practice of  payroll deductions as authorized by employees for purposes other than payment of Union dues or agency service fee, provided any such payroll  deduction has been approved by the State in advance.

Section Nine.  The Union shall indemnify the State for any liability or damages incurred by the State in compliance with this Article.

Section One.  Employer representatives shall deal exclusively with designated stewards or representatives in the processing of grievances or any other aspect of contract administration.

Section Two.  The Union may designate up to forty four (44) bargaining unit employees to serve as stewards.  The Union will furnish the State employer with a list of such stewards, specifying the jurisdiction of each and shall keep the list current.  Up to ten (10) stewards may be designated by the Union as stewards of general jurisdiction.

Section Three.  Access to Premises.  Union staff representatives and/or stewards within their assigned jurisdiction, shall be permitted to enter the facilities of an agency at any reasonable time for the purposes of discussing, processing or investigating filed grievances, or fulfilling its role as collective bargaining agent, provided that they give notice prior to arrival, or if that is not possible, provided that they immediately give notice of their presence to the supervisor in charge and do not interfere with the performance of duties. The Union will furnish the State employer with a list of its staff personnel and their jurisdictions, and shall keep the list current.

Section Four.  Role of Steward in Processing Grievances.  The stewards will obtain permission from their immediate supervisors when they desire to leave their work assignments to properly and expeditiously carry out their duties in connection with this Agreement.  When contacting an employee, the steward will first report to and obtain permission to see the employee from his/her supervisor, and such permission will be granted unless the work situation or an emergency demands otherwise.  If the immediate supervisor is unavailable, permission will be requested from the next level of supervision.  Requests by stewards to meet with employees and/or employees to meet with stewards will state the name of the employee involved, his location, indicating that Union business is to be discussed, and the approximate time that will be needed.  Stewards thus engaged will report back to their supervisors on completion of
such duties and return to their job and will suffer no loss of pay or other benefits as a result thereof.  The sufficiency of steward coverage shall be a subject of continuing consultation between the employer and the Union.  The Union will cooperate in preventing abuse of this Section.

Section Five.  Bulletin Board.  The State will continue to furnish reasonable bulletin board space in each institution which the Union may utilize for its announcements.  Bulletin board space shall not be used for material that is of a partisan political nature or is inflammatory, or derogatory to the State employer or any of its officers or employees.  The Union shall limit its posting of notices and bulletins to such bulletin board space.

Section Six.  Access to Information.  The employer agrees to provide the Union, upon request and adequate notice, access to materials and information necessary for the Union to fulfill its statutory responsibility to administer this Agreement.  The Union shall reimburse the State for photocopying expense at rates endorsed by the State Freedom of Information Law.  The Union shall not have access to privileged or confidential information.

Section Seven.  (a)  Union Business Leave.  The Union shall be entitled to up to 680 hours of paid leave per contract year for Union officials, delegates, stewards or other representatives to attend Union business-related meetings, conventions, training programs, meetings of national affiliates or other affiliates organizations, legislative or agency hearings.  The Union shall notify the State Office of Labor Relations of the names, agencies, dates and number of hours when employees are to be released for such Union business, normally at least seventy-two (72) hours in advance.  Such release time shall be granted; the Union agrees not to unduly deplete agency operations.  If notice of release is received less than seventy two (72) hours in advance, the leave may be denied if the absence will unduly hinder minimum
operating needs.  Time off shall be deducted from the bank of hours.  Any hours not used in one year may be carried over to the next contract year and added to that Union business leave bank of hours.  Said bank shall expire at the end of the contract.

(b)  No more than two (2) employees elected or appointed to a full-time office or position with the Union or a National Affiliate will be eligible for an unpaid leave of absence not to exceed one (l) year.  An extension not to exceed one (l) additional year may be granted, subject to the approval of the Director of Labor Relations.  Upon return from such leave, the State employer shall offer said employee a position relatively equal to the former position in pay, benefits, and duties, at the rates in force at time of return from such leave.

Upon return from leave, the employee shall have the right to purchase back retirement credits for the period of the leave, provided that, in addition, the employee or the Union contribute the State’s share of the cost of such retirement credits.

(c)  The Union President shall be eligible for full-time paid leave.  The employer shall pay said employee's full salary and benefits subject to reimbursement as follows:

       (1)  Cash Reimbursement by the Union to the State of Connecticut seventy (70%) percent of the cost of wages and benefits of said employee paid on a bi-weekly basis.

       (2)  This Section Seven (c) shall expire on the termination date of this Agreement.

Section Eight.  Both the employer and the Union agree that every bargaining unit member should be familiar with the provisions of this Agreement and his/her rights and duties under it.  For this reason, the parties will print the Agreement and give one (l) copy to each bargaining unit employee.  The parties will share the cost of printing the Agreement in booklet form.  The State employer will provide each new employee with a copy of the collective bargaining agreement then in force and will furnish said employee with the name(s) of his/her steward(s).

Section Nine.  Use of Facilities.  The Union shall be permitted use of the Connecticut Police Academy auditorium and/or classrooms for meetings, subject to its availability.  The Union shall reimburse the State for any incidental costs incurred by such use.  Use of facilities under this Section shall not be unfairly denied.

Section Ten.  Wherever feasible, stewards shall not be assigned work loads during Union business leave or steward leave.

Section Eleven.  Stewards not to exceed forty-four (44) in number, who have permanent status in State service, shall be deemed to have the highest seniority within their job classification for purpose of layoff selection and involuntary transfer.

Section Twelve.  Stewards assigned State vehicles shall retain the right to use their vehicle on steward business.  To the extent practicable, employees who are assigned State vehicles shall retain the right to use their assigned vehicles to and from Union meetings, hearings, and training sessions, provided such activities directly precede or follow the Employee’s work schedule.

Section One.  An employee’s “personnel file” or “personnel record” is defined as that which is maintained at the agency level, exclusive of any other file or record, provided, however, in certain agencies which do not maintain personnel files or records at the agency level, the defined file or record shall be that which is maintained at the institution level.

Section Two.  An employee covered hereunder shall, on his/her request, be permitted to examine and copy, at his/her expense, any and all materials in his/her personnel file, other than preemployment material or any other material that is confidential or privileged under law.  The State employer reserves the right to require its designee to be present while such file is being inspected or copied.  The Union may have access to any employee’s records upon presentation of written authorization by the appropriate employee.

Section Three.  No new material derogatory to an employee shall be placed in his/her personnel file unless he/she or the Union steward had an opportunity to sign it (indicating receipt of such material) and has received a copy of such material.  Notices of proven and/or accepted discipline and stipulated agreements while containing possible negative inferences are not deemed derogatory material for purposes of this Article and shall be included in the personnel file.

Within thirty (30) days of receipt, an employee may file a written rebuttal to such materials or request that such material not subsequently merged in any service rating be voided from the record.  For purposes of this Section VOIDED SHALL BE DEFINED AS: 1) the document has been removed and placed in another non-personnel file, 2) no negative presumption can be drawn from the document, and 3) the document is not usable in the future as a reference or a document.

Section Four.  This Article shall not be deemed to prohibit supervisors from maintaining written notes or records of Employee’s performance for the purpose of preparing service ratings.  However, such written notes or records shall not be admissible in any appeal unless the material has been included in the Employee’s personnel file in a manner consistent with this Article.

Section Five.  When an employee seeks access to his personnel file, the employer shall provide time off, charged as work time to travel to the Agency Office to examine the file or have the file or copies of its contents transferred to the Employee’s work site for inspection in accordance with Section Two.

Section One.  The annual service ratings shall be completed at least three (3) months prior to the Employee’s annual increase date and otherwise shall comply with Regulation 5-237-l.  A service rating will be conducted by the Employee’s immediate supervisor or a supervisor familiar with the Employee’s work and deemed to be qualified to rate the employee.

A rating of “unsatisfactory” in one (l) category or of “fair” in two (2) categories shall constitute a rating of “less than good”.  Prior to issuing an “unsatisfactory” service rating, supervisors shall forewarn or notify the employee of any deficiency.  When an employee is rated “unsatisfactory” in any category, the rating supervisor shall state reasons, and, if practicable, suggestions for improvement.  All service ratings less than good must be discussed with the employee at an informal meeting to be scheduled by the rating supervisor, normally within seven (7) days after the employee has seen the report.  For the purposes of deciding eligibility for an annual increment (step raise), a single “unsatisfactory” rating or two (2) category ratings of “fair” may be considered grounds for denial of such step.

Section Two.  Disputes over service ratings may be subject to the grievance and arbitration procedure.  In any such arbitration, the arbitrator shall not substitute his/her judgment for that of the evaluator in applying the relevant evaluation standards unless the evaluator can be shown to have acted arbitrarily,
capriciously, or without supportive documentation.  It is understood that only “fair” and/or “unsatisfactory” ratings in any category shall be grievable.

Section Three.  Service Rating forms will be provided for the annual evaluation.  These forms shall contain space for constructive statements or suggestions for improvement.  Such statements shall be consistent with the rating.

Section One.  The employer recognizes its responsibility to provide relevant training for each new employee and continue on-the-job training.

Section Two.  Protective Services Training and Tuition Fund.  Effective the contract year commencing July 1, 1999 and each contract year thereafter during the term of this contract the State shall allocate $75,000.00 to a Protective Services Training and Tuition Fund for the purpose of enabling bargaining unit employees to participate in relevant outside training programs, workshops, seminars, vocational training courses or to reimburse employees under the Tuition Reimbursement section of this Article.

The State will honor reimbursement claims submitted by unit employees for the contract year 1999-2000, if such claims meet the contractual standards, and to the extent that the aggregate of such claims shall not exceed the permissible limitations.

(a)  There shall be established a Protective Services Education and Training Committee, consisting of six (6) knowledgeable members, with right of substitution, three (3) appointed by the Union and three (3) by the State.  Said Committee shall be responsible for identifying relevant training programs, seminars, workshops and vocational training courses which would be beneficial to employees and the State Employer.

(b)  Said Education and Training Committee shall meet at least once each month for the purpose of expeditiously processing, approving, rejecting or tabling training requests.  The Committee will attempt to accommodate relevant training requests.  The Committee shall also assist in scheduling employees to attend such training programs, seminars, workshops or vocational training courses, as necessary.  A quorum at any scheduled meeting of the Protective Services Education and Training Committee shall be four (4) members.  A consensus (majority vote) of those Committee members present shall constitute agreement on any issue.  Failure to obtain a consensus shall constitute a deadlock.  The decision of the Committee shall be binding upon any agency, except that the Employer may deny release time where an emergency staffing situation precludes such attendance and a replacement cannot be obtained for the employee being assigned to the training. Committee members may attend all meetings without loss of pay or benefits, and attendance shall be considered as time worked as a part of the employee’s regular schedule.  During the regular monthly meeting day, committee members shall be granted up to one (l) full work day of release time when necessary to accomplish the committee responsibilities.

(c)  The parties shall establish a list of mutually acceptable permanent umpires who shall be knowledgeable in Protective Services training needs, who shall act as umpires in the event of a deadlock among Committee members.  Said umpire, picked on a rotational basis from the list, will vote to break the deadlock after hearing all arguments pro and con concerning the specific issue.  In the event that the umpire is not available within five (5) days, the matter will be referred to the next umpire on the list.  The decision of the mutually appointed umpire shall be binding upon both the State and the Union.  The umpire’s decision shall be rendered within one (l) day of the presentation of arguments.

Any and all established expenses of the permanent umpire shall be shared equally by the Union and the State.

(d)  Bargaining unit members who wish to participate in relevant training programs, workshops, seminars, or vocational training courses, other than those qualifying under the tuition reimbursement program, may apply for such training through their respective Agencies on an approved request form, identifying the program, the date(s), the location and the cost of participation, including fees and relevant expenses.  Such employees should indicate the relevancy of the training and the expected benefit to both the employee and the Agency.

(e)  Agency representatives designated in advance shall immediately forward such applications and requests to the Protective Services Education and Training Committee for review and approval or disapproval on the basis of the relevancy of the training to the employee’s job, need for such training, agency recommendations, potential benefits and skills to be gained, and equity in distribution of such training programs among bargaining unit employees who submit requests within that specific agency.

(f)  When forwarding training request forms to the Protective Services Education and Training Committee, the Agency shall identify the total direct cost to be incurred for the training, including fees, relevant expenses and overtime salary of the replacement, if any, directly attributable to the training, which costs shall be deducted from the training and tuition fund.  The Committee shall notify the employee and the Agency immediately in writing of its approval or denial with any necessary explanations.  Except as outlined in subsection (b) herein, or in the event of an unforeseen emergency, the Agency, when notified by the Committee, will expeditiously implement and comply with such Committee decision.

(g)  Once the training and tuition fund is exhausted, the State shall not be obligated under this Article to fund any additional training or tuition reimbursement.  Up to $5,000 of unexpended funds may be carried over and added to the next year’s funding.  Additionally, funds committed for training or tuition reimbursement which take place in one fiscal year shall carry over into the next fiscal year in order to allow payment of claims for prior year training.  The fund shall end upon expiration of the contract, except previously committed funds shall carry over for one hundred twenty (120) days to allow for final payment.  During this carryover period, agencies shall process claims within thirty (30) days of receipt from the Committee.

(h)  Sufficient copies of the Protective Services Training and Tuition Fund Policy regarding outside training and tuition reimbursement shall be distributed through State Agencies to all bargaining unit employees together with sufficient approved request forms.

(i)  It is understood that any employee who attends a training program, seminar, workshop or vocational training course on any day in which he/she is normally scheduled to work, will be paid his regular normal rate of pay for all hours normally worked for such training day and said normal pay will not be deducted from the Protective Services Training and Tuition Fund.  Travel time experienced when engaged in training shall be considered as time worked where the commute exceeds the normal commute for the employee, however only the travel in excess of thirty (30) minutes shall be considered as time worked.  Training during any day shall mean the full day off without loss of pay or benefits regardless of the shift assigned provided that the training is of at least four (4) hours duration.  An employee who is assigned on an unscheduled workweek will receive one (l) days pay as time worked for each day of attendance at any training program, seminar, workshop or vocational training course, provided that
the training is of at least four (4) hours duration on any such day; if less than four (4) hours duration, sufficient time off will be granted.  The regular pay shall not be deducted from the Protective Services Training and Tuition Fund.

(j)  The cost of any employer required training, including training for entry level or new employees, shall not be deducted from the Protective Services Training and Tuition Fund.

(k)  Except as specifically provided herein, nothing shall prohibit an agency from continuing to fund relevant training or to carry out its obligation to properly train personnel as is current practice.  This Section is not intended to have any effect upon or impact upon any Special Act, Statute, or Agency Training budget which is current practice.

(l)  It shall be the obligation of the Protective Services Education and Training Committee to encourage and promote the access and availability of federal or private funds whenever possible and to work with agency personnel with responsibility in this area toward this goal.

(m)  Where vehicles are available, employees who are attending training programs within the State of Connecticut shall be allowed to use the vehicles.  Use of vehicles for outside the State of Connecticut shall be at the discretion of the employer.  No costs under this subsection will be deducted from the Protective Services Training and Tuition Fund.

(n)  Tuition Reimbursement.  The Employer shall pay up to seventy-five (75%) percent of the cost for tuition, books, and lab fees for any bargaining unit employee who attends any accredited institution of higher education, such reimbursements to be deducted from the Protective Services Training and Tuition Fund.  It is understood that the employee must successfully complete the course in order to be reimbursed.  Requests for payment to the employee under this subsection shall be processed upon submission of receipts and/or records to the Protective Services Education and Training Committee.

(o)  Nothing in this Article shall be interpreted as precluding advance payment of conference and training fees and expenses in accordance with existing State Travel Rules and Regulations.

Section Three.  (a)  Law enforcement personnel who are issued weapons by their employer or have access to State-provided weapons shall have access to the firearms range on an annual basis for the purpose of practicing and qualifying for firearms use.  The employer shall provide sufficient ammunition, sixty (60) rounds for practice and sixty (60) rounds for qualification.  Such employees shall be granted time off to obtain this training.

(b)  In addition, time off shall be granted to all law enforcement personnel assigned rifles and/or shotguns for the purpose of practice and familiarization with such weapon, on an annual basis.  The employer shall provide sufficient ammunition, twelve (12) rounds per weapon for each employee for the purpose of practice and qualifying.

(c)  Additionally, the employer, in cooperation with the Protective Services Education and Training Committee, shall provide night time or night fire training on a bi-annual basis for all law enforcement personnel who are assigned to carry weapons by their employer or who have access to agency weapons.  The employer shall provide sufficient ammunition, thirty-six (36) rounds for practice and thirty-six (36) rounds for familiarization for such training.  Such employees shall be granted time off to obtain this training.  It is understood that any additional costs incurred by the employer by providing this training shall be deducted from the Protective Services Training and Tuition Fund.

(d)  All law enforcement personnel may have access to the firearms range at other times for practice at their own expense, provided that:  (l) space is available; (2) a State Police Range Officer is present for the purpose of supervision; and (3) at a firearms range other than State Police, a Protective Services Range Officer must be present.

Section Four.  Both the State of Connecticut and the Union recognize the need for continuous in-service training as being beneficial to the employer, the employees and the public; therefore, except as outlined under the “Protective Services Training and Tuition Fund”, the employer retains the right to determine training needs, programs, procedures, and to select employees for training.  The employer agrees to endeavor to provide relevant in-service training in the following areas:

(a)  Send all new Motor Vehicle Inspectors through a course of instruction appropriate to meet the inspection, examination and law enforcement responsibilities of said classification;

(b)  Provide Department of Environmental Protection personnel assigned to fire fighting duties an annual training course;

(c)  Send all new full-time fire fighters to the Connecticut Fire Academy for required and appropriate training.  New hires who have achieved this training or equivalent training shall not be required to attend the Academy program.  However, where there is a legitimate issue over the qualifications of a newly hired firefighter a skills assessment shall be required.  Said assessment will be conducted by the Commission on Fire Prevention and Control (CFPC).  The CFPC will render an opinion on the training need for the new hire (whether the Recruit Training Program is needed).  The agency will implement said recommendation.

(d) Establish an in-service training program for Conservation Enforcement Officers which shall attempt to include search and seizure, wildlife identification, interpretation of pertinent laws, law enforcement surveillance and investigative techniques;

(e)  Make every effort to send Protective Services Trainees (Police) to the Police Academy within eight (8) months of their employment;

(f) Provide in-service training for fire fighters which attempts to encompass National Fire Protection Association Standards;

(g)  Provide in-service training for other law enforcement personnel which attempts to include where appropriate, search and seizure, interpretation of pertinent laws, accident investigation, defensive tactics, investigative techniques and law enforcement surveillance.

The Union may make recommendations in this area and shall have these recommendations expeditiously investigated.

Section One.  The employer is receptive to all recommendations regarding improvement of apparently unsafe or unhealthy conditions.  Once the employer determines that an unsafe or unhealthy condition exists, it will attempt to alleviate or otherwise remedy the situation.

Except as provided elsewhere in this Article, disputes over unsafe or unhealthy working conditions shall be processed through the Labor Department for compliance with OSHA or otherwise with the Protective Services Health and Safety Committee.

Disputes over unsafe or unhealthy working conditions may be processed under the grievance procedure, but shall not be arbitrable unless Connecticut OSHA has specifically declined jurisdiction or by agreement of the parties.  In any such arbitration, the arbitrator shall have no authority to impose a remedy which requires the hiring of additional staff.  The arbitrator shall not substitute his/her judgment for that of the employer in setting law enforcement weapons policy, but shall specifically retain the power to issue a cease and desist order where an alteration of an existing policy impacts negatively upon the health and/or safety of the bargaining unit personnel.  The arbitrator shall be obligated to consider the impact of any award with respect to an agency budget as well as the effect of the decision upon employee safety, protection and morale, and shall balance the need for decisions which have significant impact with the tender of evidence indicating a clear and present danger of serious injury.  In all cases hereunder, the arbitrator shall render the remedy portion of his decision ten (10) days after the mailing of the arbitral award to the parties to permit negotiations over the remedy.

Section Two.  Weather Extremes.  It is understood that some Protective Services employees are required to work during weather extremes.  Under such extremes, the employer, where practicable, shall take reasonable steps to protect the well-being of employees, e.g., by curtailing work, providing additional or extended rest periods.

(a)  The Union may designate two (2) bargaining unit members to meet with the Department of Motor Vehicle Officials to investigate the feasibility of providing shelter (either permanent or temporary) and adequate lighting at Motor Vehicle work locations which currently do not have such facilities.  On or after September l, 1980, the Union, but not any employee, may submit unresolved issues involving the health and safety of employees directly to Step III of the grievance and arbitration procedure.

(b)  Whenever Department of Environmental Protection employees are working fish ponds at hatcheries below 15 degrees, supervisors shall be cognizant of conditions and shall provide necessary breaks, consistent with agency operating needs.

Section Three.  All work areas shall have drinking water within reasonable access which meets all health standards as drinking water.  To