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HomeMy WebLinkAboutCollective Labor Agmt 2001 COLLECTIVE LABOR AGREEMENT AGREEMENT The City of Meridian hereinafter referred to as the DEPARTMENT, and Local #2311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department, hereby agree as follows: ARTICLE 1 - RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees ofthe Fire Department except management personnel and clerical support. ARTICLE 2 - DISCRIMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf of the UNION, because of the employee's membership or non-membership in the UNION or by virtue of his /her holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 - PREVAILING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The DEP ARTMENT may change or cancel any such right, privilege or benefit when deemed in the best interest of the Fire Department. Any change or cancellation of any right, privilege or benefit that is done for harassment, and/or retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. ARTICLE 4 - UNION DUES, FEES and ASSESSMENT CHECK OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, 1Ì"om the pay of the bargaining unit employees upon written authorization. The EMPLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, fees and assessments. ARTICLE 5 - UNION BUSINESS Firefighters elected to Union office shall be granted time off to attend functions, conventions and seminars within the State of Idaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave without payor vacation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations, for union conventions and for union seminars mutually set by the DEPARTMENT and the UNION. Agreement- 1 COLLECTIVE LABOR AGREEMENT ARTICLE 6 - PERSONNEL REDUCTION OR RESTRUCTURING In case of personnel reduction, the member with the least seniority shall be released first. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee's rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority being considered: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. ARTICLE 7 - RULES and REGULATIONS The rules and regulations and policies of the DEPARTMENT relating in any way to wages, hours and/or conditions of employment shall be made a part of this agreement. The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to change by mutual consent. ARTICLE 8 - INSURANCE During the term of this Agreement, the DEPARTMENT shall pay 100% of the employee premiums for health, workman's compensation, dental, life, short & long-term disability insurance. The DEPARTMENT shall provide coverage to fuefighters that is comparable to coverage in policies, in existence as of the effective date of this agreement. The DEPARTMENT will pay 80% of the premium for the family health and dental plan. This provision will be reviewed on an annual basis after quotes for insurance are received to determine what adjustments may be needed to employee contributions to the plan. The DEPARTMENT further agrees to cover increases in premiums up to 3%, however adjustment in coverage may be necessary if premiums quoted are above that amount. Any adjustments will not exceed adjustments made to other City employees. The DEPARTMENT reserves the right to make changes in carriers, premiums and provisions of these programs when deemed necessary or advisable. The City of Meridian agrees to establish an insurance review committee that will review the employee's insurance coverage on an annual basis and make recommendations to the City Council. The Union will be given a position for a representative on this committee. ARTICLE 9 - SICK LEAVE Any employee incurring a non-duty sickness or disability which renders himlher unable to perform hislher duties shall receive sick leave with full pay within his/her accumulated sick leave time. Suppression employees shall accrue twelve (12) hours per month beginning October 1,2001. The maximum time accumulated shall be 2920 hours, Any employee whose employment with the DEPARTMENT is discontinued shall be paid at his/her regular wage rate for I 5% of his /her accrued sick leave, Any employee unable to perform his/her duties for more than three (3) consecutive shifts due to non-duty sickness or disability shall be required to provide medical documentation 1Ì"om his/her attending physician that states the employee is unable to perform his/her duties. An employee may be required to provide a physician certificate prior to the use of three (3) consecutive work shifts to ensure compliance with the provisions of the Fàmily Medical Leave Act. An employee on medical, injury or incidental leave will not accrue any sick leave benefits for leaves that exceed six (6) or more consecutive work shifts. Agreement- 2 COLLECTIVE LABOR AGREEMENT ARTICLE 10 - INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform hislher duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a ma.ximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee's injury leave with full pay shall be turned over to the DEPARTMENT. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform hislher FULL DUTIES as a result of a "LINE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists. Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sick/injured employee's medical doctor regarding hislher physical and/or mental status. He/she must provide a doctor's release to the Chief or hislher designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. LIGHT DUTY shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management. ARTICLE 11 - VACATION I. AIl twenty four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 1011/2001 a. Zero to four (0-4) years of service b. Five to nine (5-9) years of service c. Ten to fourteen (10-14) years of service d. Fifteen to nineteen (15-19) years of service e. Twenty (20) and over 12 hours/month 14 hours/month 16 hours/month 18 hours/month 20 hours/month Maximum hours accrued shall be 500. Any amount over the maximum will be lost. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at hislher regular wage rate for all accrued and accumulated vacation, INCIDENTAL LEAVE Incidental leave is defined as vacation leave not previously scheduled during yearly vacation scheduling planning. Incidental leave may be granted at the sole discretion of the management of the DEPARTMENT and must be taken in not less than four (4) hour increments. Agreement- 3 COLLECTIVE LABOR AGREEMENT HOLIDAYS All employees shall accrue and receive eight (8) hours paid leave for each of the holidays listed below and any additional days recognized by the State of Idaho. AIl holiday time shall be in addition to the employee's vacation leave, and shall accrue as each holiday occurs. All 24 hour shift employees shall have the holiday leave added to their vacation leave. All employees shall be entitled to ten (10) holidays per year as listed below: NEW YEAR'S DAY PRESIDENT'S DAY VETERAN'S DAY INDEPENDENCE DAY MEMORIAL DAY LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY ARTICLE 12 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees Monday through Friday, if possible. On call personnel will be used rust choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 13 - VACANCIES Any unfilled position caused by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled 1Ì"om a hiring list of eligible applicants on file for that position, Promotions and vacancies for the position of Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled 1Ì"om the current ranks of the full-time personnel of the Meridian Fire Department. After the test is given and if there are no successful candidates a second test will be given and ifthere are still no successful candidates for these positions, management has the right to hire outside of the Meridian Fire Department to fill the open position(s). All promotional examinations shall be given and vacancies filled within 60 days. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 14 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given. To be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for Drivers; and will be given in the Spring of each year. For the positions of Officers, the examination will be given every two (2) years in the Spring. An accurate bibliography and scoring criteria for the positions being tested shall be given to the eligible candidates 90 days prior to the test date. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. AIl examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the Agreement- 4 COLLECTIVE LABOR AGREEMENT sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (II2) point per year of service up to a maximum of five (5) points. Promotional examinations shall consist of a written test and assessment center. A minimum of 70% will be required to pass each portion of the promotional examination. Seniority points will be added after successfully passing the examination. The following formula will be used to determine the candidate's final score on promotional examinations. Example: + 12= + 81.0% Written Examination 75.0% Assessment Center 78.0% 4.0 Seniority Points (8 years service) 82.0 Final Score ARTICLE 15 - GRIEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision of this Agreement or of the Rules and Regulations of the Fire Department (as provided in article 7), relating in any way to employees' wages, hours and/or conditions of employment, shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be referred to as a "Grievance." Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days 1Ì"om the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion ofthe UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. AIl parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chief thereafter shall give hislher reply in writing within ten (10) business days. Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEPARTMENT within ten (10) business days 1Ì"om the receipt of the Fire Chief's written reply. AIl parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten (10) business days. Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an ' Arbitrator by serving written notice upon the other. The UNION and the DEPARTMENT shall both select an individual to represent their interests in the grievance process. These individuals may not be members of, or employees of either the UNION or the DEPARTMENT. These two individuals shall request the Federal Mediation and Conciliation Service to supply a list of seven (7) proposed arbitrators. Within five (5) business days afterreceipt of this list the UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (I) name at a time from the list until only one (1) name remains. The party striking the first name shall be determinéd by a coin toss. Both parties shall accept the name remaining on the list as the Lead Arbitrator. Agreement- 5 COLLECTIVE LABOR AÇREEMENT The Arbitration Board shall conduct a hearing and shall render a decision in writing, which shall be fmal and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only such jurisdiction and authority to interpret and apply the provisions of this Agreement as shall be necessary to the determination of the arbitration issue. The Arbitration Board shall not have any power to add or subtract from, modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 16 -NO STRIKES - NO LOCKOUT Upon the consummation and during the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance of hislher official duties, in accordance with Idaho Code Section 44-1811. It is mutually agreed that there shall be no strike authorized by the UNION and no lockout authorized by the EMPLOYER, except for the refusal of either party to submit to or abide by the grievance procedure set forth herein. No picket line, at or around the City's property, established by any other person or organization shall be sanctioned or honored during the term of this Agreement. The UNION agrees that as part of the consideration for this Agreement, it will, within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs or suspensions of work, instructing their members to work immediately. The UNION agrees that it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. ARTICLE 17 - UNIFORM ALLOWANCE All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be designated by the Fire Chief. Under this article the DEPARTMENT shall provide each employee $650.00 credit per fiscal year for the purchase of station uniform weàr. On the firefighter's anniversary date, of the first year of service, the firefighter shall receive $54.00 credit for each month between the anniversary date and the DEPARTMENT'S fiscal year end. Any unused portion of the uniform allowance as of September 30 will be paid to the members in the next payroll. ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and 12 hours paid at the overtime rate ifno excluded hours under the act has been taken. The regular work schedule for suppression personnel shall be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on-duty shift and a Y representing an off-duty shift. Agreement- 6 COLLECTIVE LABOR AGREEMENT XYXYXYYYY ARTICLE 19 - BEREA VEl\tIENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to 24 hours and up to 48 hours leave of absence at the discretion of the Chief. Additional leave may be granted 1Ì"om accrued vacation leave or unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire Chief or hislher designee. The immediate family shall be defined as spouse, child (which shall include a step-child, foster child or legally adopted child), mother, father, brother, sister, grandparent, grandchild or in-laws (defined as a father, mother, sister and brother in-law). . ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on hislher regular tour of duty. Employees shall receive overtime pay at one and one-half (I II2) times hislher normal rate of pay for all overtime worked. There shall be a minimum of two (2) hours pay for all call back, overtime, or incidents work. Additional calls during the initial 120 minutes of each call back, overtime, or incident worked will not be further compensated. Any time worked after the first two hours will be compensated at one-half (II2) hour increments, rounded up to the next half-hour. AIl overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 - WORKING OUT OF CLASSIFICATION AIl employees of the DEPARTMENT covered by this Agreement and who are certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same standards set forth in CALL BACK. ARTICLE 22 - EFFECTIVE DATE This Collective Labor Agreement shall become effective October 1, 2001, and remain in full force and effect through September 30, 2003. This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. ARTICLE 23 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per station with a minimum of three (3) fuefighters responding to fire related calls. Agreement- 7 COLLECTIVE LABOR AGREEMENT If sufficient employees are not available to meet the minimum staffing requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personnel. ARTICLE 25 - SALARIES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto. ARTICLE 26 - MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Directing the activities of the DEPARTMENT; Determining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To take whatever action may be necessary to carry out its mission. Nothing in this clause shall have the effect of nullifying any provisions elsewhere in this Agreement. The terms hereof are intended to cover only minimums in wages, hours, working conditions, benefits, and other terms and conditions of employment. The City may place superior wages, hours, working conditions, benefits and other terms and conditions of employment in effect and may reduce the same to the minimums herein prescribed, ARTICLE 27 - ALCOHOL & DRUG POLICY The DEPARTMENT and its UNION members agree to abide by the City of Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is included in this agreement as Appendix B. It is agreed that changes made to this policy, shall not apply to the UNION without written consent of its members. Agreement- 8 COLLECTIVE LABOR AGREEMENT ,",y of ~...L ~ DATE AND SIGNED this q~ Agreement- 9 ,2001. ~ President ATTEST: BY~ ¿:,ø/ Blake Campbell Vice President COLLECTIVE LABOR AGREEMENT APPENDIX A Wage Scale- The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 1011101 1011102 Introductory Employee 2,500 Monthly2,575 Monthly 30,000 Yearlv 30.900 Yearly 2,696 Monthly2,777 Monthly 32.352 Yearly 33.324 Yearlv 3,167 Monthly3,262 Monthly 38.004 Yearlv 39.144 Yearly Firefighter I Firefighter II Firefighter III 3,492 Monthly3,597 Monthly 41.904 Yearlv 43.164 Yearly 3,767 Monthly3,880 Monthly 45.204 Yearlv 46560 Yearlv Driver Captain 4,195 Monthly4,321 Monthly 50.340 Yearlv 51.852 Yearly The wage rates above include Longevity and Educational differential pay Note: To be promoted the Employee must have served one (I) continuous year in the previous position, as per Article 14-Promotions. Agreement- 10 COLLECTIVE LABOR AGREEMENT APPENDIX B CITY OF MERIDIAN ALCOHOL AND DRUG POLICY POLICY STATEMENT In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug 1Ì"ee work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the city's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal ànd state rules, regulations or laws that relate to the maintenance of a workplace free 1Ì"om alcohol and illegal drugs. The City requires compliance to this policy as a condition of employment for qualified applicants or for continued employment for all City employees. PURPOSE This policy outlines the goals and objectives of the City of Meridian's drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program. SCOPE This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. PROHIBITED ACTIVITIES On-Duty a. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. Agreement- 11 COLLECTIVE LABOR AGREEMENT b. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at ajob site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. c. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. d. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. Off-Duty a. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. b. Employees who are acquitted will be returned to work with back pay, if applicable. c. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the_conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. Medication Prescribed by Physician a. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during theJleriod that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by hislher physician that the prescription drug could cause adverse side effects while working must inform hislher supervisor prior to using the medication on the job. Agreement- 12 COLLECTIVE LABOR AGREEMENT b. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. DISCIPLINE Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defin.ed by this policy will be subject to discipline up to and including termination except that, confirmation of or continuing participation in an alcohol or drug rehabilitation program, as recommended by the Employee Assistance Program, is required of an employee returning to duty. The Employee Assistance Program will notify Human Resources when an employee has completed a rehabilitation program. After an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: a. Failure to contact the EAP within five (5) working days. after notification of a positive test result. b. Refusal or unexcused failure to participate in counseling or the EAP program. c. Abandonment of a treatment program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has a list of locations and counselors available. Agreement- 13 COLLECTIVE LABOR AGREEMENT Se1f- Referral Rehabilitation assistance in lieu of discharge may be offered: Any employee, who identifies himlherself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return. to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence ofalcohol or drugs at work) as identified in the City's AIcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. EDUCATION Supervisors and other management personnel will be trained in: a. Overall City policy; Agreement- 14 COLLECTIVE LABOR AGREEMENT b. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; c. Recognizing and intervening in situations that may involve violations of this policy; d. EAP intervention, procedures and supervisor's role; e. Documentation of employee performance and behavior. Employees will be trained and informed of: a. The health and safety dangers associated with alcohol and drug use; b. The provisions of this policy through employee meetings and employee orientation. PRE-EMPLOYlVIENT TESTING AIl applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol or drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and illegal drugs. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. REASONABLE BELIEF TESTING An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. POST- ACCIDENT TESTING Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within two (2) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: Agreement- 15 COLLECTIVE LABOR AGREEMENT a. b. a fatality or personal injury requiring transport for medical treatment; injury to another person, requiring medical treatment away 1Ì"om the site of the accident; damage to vehicle, equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in hislher system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. If it is determined by management that an employee's accident was definitely caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to inform their supervisor of the accident as soon as possible, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. RANDOM TESTING Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. Sensitive positions are those that require an employee to: 1. Carry fuearms; 2. Have custodial responsibility for illegal drugs; 3. Perform emergency medical, lifesaving, and/or fire suppression activities; 4. Have supervision over children; 5. Have access to homes and/or businesses in the City; 6. Handle hazardous materials that if mishandled, place the general public at risk of serious injury. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately Agreement- 16 COLLECTIVE LABOR AGREEMENT preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug 1Ì"ee workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. CDL Testinl! In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. DRUG IALCOHOL SPECIMEN COLLECTIONITESTING PROCEDURES Specimen Collection Procedure When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. AIl specimens will be tested for the presence of alcohol and illegal drugs. AIl specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath AIcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. Agreement- 17 COLLECTIVE LABOR AGREEMENT Adulteration Or Submission Of Concealed Specimen If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested, If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or hislher designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated 1Ì"om further employment with the City. In the event that a prospective or current employee submits a specimen thatthe laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that rIDding and request that he/she submit a secon.d specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testin2 and Confirmation The cut-offlevels for all Non-Dot testing is as follows: Dru2 Class Amphetamines Cocaine Phencyclidine (PCP) Marijuana Opiates Screening 1000 ng/ml 300 ng/ml 25 ng/ml 50 ng/ml 2000 ng/ml Confirmation 500 ng/ml 150 ng/ml 25 ng/ml 15 ng/ml 26 ng/ml The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting 1Ì"om the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas ChromatographylMass Spectrometry (GCIMS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the City within 48 hours of the employee being notified of the positive test result. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse Agreement- 18 COLLECTIVE LABOR AGREEMENT the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. TEST RESULT NOTIFICATION The office of the testing agency will forward all alcohol and drug tests to the Human Resources Director or hislher designee authorized to receive them The City and the prospective or current employee will be informed of a positive test result. The prospective or City employee will be offered an opportunity to discuss the positive test results with the Medical Review Officer (MRO) or his representative. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. After verified, the employees test result will be reported to the City as negative. However, if an employee cannot provide a reasonable explanation for their positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or hislher designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. EFFECT OF TESTING POSITIVE Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). CONFIDENTIALITY AIl information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. Agreement- 19 COLLECTIVE LABOR AGREEMENT CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free 1Ì"om the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug 1Ì"ee workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. DEFINITIONS Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system. Employee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, aÌ1d mental health problems and monitors the progress of employees while in treatment. Illegal drng: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated Agreement- 20 COLLECTIVE LABOR AGREEMENT all positive test results together with an individual's medical history and any other biomedical information. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to drug or alcohol impairment. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test,.such as a breath test or urinalysis. Agreement- 21