2012 Collective Labor Agreement with IAFF Local 4627 for Meridian FirefightersCOLLECTIVE LABOR
AGREEMENT
between
CITY OF MERIDIAN
and
MERIDIAN FIREFIGHTERS
I.A.F.F. LOCAL 4627
~E IDFZ IAN;-
~J
Effective
October 1, 2012 -September 30, 2014
~~.
~-
TABLE OF CONTENTS
AGREEMENT PREAMBLE ................................................................................................ ......... 1
ARTICLE 1 -RECOGNITION ............................................................................................ ......... I
ARTICLE 2 -DISCRIMINATION ...................................................................................... ......... 2
ARTICLE 3 -PREVAILING RIGHTS ................................................................................ ......... 2
ARTICLE 4 -MANAGEMENT RIGHTS ........................................................................... ......... 2
ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF ............................ ......... 3
ARTICLE 6 - UNION BUSINESS ....................................................................................... ......... 3
ARTICLE 7 - REDUCTIONS IN FORCE ........................................................................... ......... 4
ARTICLE 8 - RULES and REGULATIONS ........................................................................ ......... 4
ARTICLE 9 - INSURANCE ................................................................................................. ......... 4
ARTICLE 10 -SICK LEAVE .............................................................................................. ......... 7
ARTICLE 11 -INJURY LEAVE .......................................................................................... ......... 8
ARTICLE 12 -VACATION-EMERGENCY-INCIDENTIAL & HOLIDAY LEAVE ..... ......... 9
ARTICLE 13 -RELIEF PERSONNEL ................................................................................ ....... 12
ARTICLE 14 -VACANCIES ................................................................................................ ....... 12
ARTICLE 15 -PROMOTIONS ............................................................................................ ....... 13
ARTICLE 16 -GRIEVANCE PROCEDURE ....................................................................... ....... I S
ARTICLE 17 - NO STRIKES - NO LOCKOUT ................................................................. ....... 17
ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT ........................ ....... 17
ARTICLE 19 -HOURS OP WORK AND DESIGNATED WORI{ HOURS ..................... ....... 18
ARTICLE 20 -BEREAVEMENT LEAVE .......................................................................... ....... 20
ARTICLE 21 -ADDITIONAL DUTY AND COMPENSATION ....................................... ....... 20
ARTICLE 22 -WORKING OUT OF CLASSIFICATION .................................................. ....... 22
ARTICLE 23 -STAFFING .................................................................................................. ....... 22
ARTICLE 24 -SALARIES ................................................................................................... ...... 24
ARTICLE 25 -ALCOHOL & DRUG POLICY .................................................................... ...... 24
ARTICLE 26 -HEALTH AND WELLNESS ....................................................................... ...... 24
ARTICLE 27 -RETURN TO FORMER POSITION ............................................................ ...... 25
ARTICLE 28 -SAVINGS CLAUSE ..................................................................................... ...... 27
ARTICLE 29 -EFFECTIVE DATE ...................................................................................... ...... 27
APPENDIX " A" -WAGE SCHEDULE
APPENDIX " B" -DRUG & ALCOHOL POLICY
APPENDIX " C" -UNIFORMS AND ISSUED EQUIPMENT
1 AGREEMENT PREAMBLE
2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627
3 International Association of Firefi hters, hereinafter referred to as UNION wi
g th the
4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter
5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire
6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its
7 employees, and to promote the morale, rights, and well-being of the members of the Fire
8 Department, hereby agree as follows:
9
10 ARTICLE 1-RECOGNITION
11 Pursuant to Title 44, Chapter 18, Section 1, Sub-section 1(44-1801(1)} of the Idaho
12 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as
13 defined by said code excluding any clerical support staff.
14 This Agreement shall apply, currently, but not be limited to the following:
15
16 1.1 Twenty-Four (24) hour per shift Suppression Firefighters of the Meridian Fire
17 Department
18 These employees currently work shifts defined by Article 19.1. The positions
19 incorporated by this Agreement are for Introductory/Probationary, Firefighter I, II, III,
20 Engineer, and Captain of Suppression.
21
22 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department
23 These employees currently work a shift as defined in Article 19.2. The position
24 incorporated by this Agreement is Captain Fire Inspector, Training Captain, and may include
25 Suppression Firefighter personnel that are assigned on a temporary basis for training or light
26 duty. Temporarily assigned personnel will not be required to flex their forty (40) hour per
27 week schedule, as defined in Article 19.2, without mutual consent by the individual and the
28 department. Temporarily assigned personnel shall not have their vacation or sick leave
29 converted pursuant to Article 12.1, but will only accrue vacation and sick leave at the forty (40)
30 hour per week employee rate during the temporary assignment.
31
32
COLLECTIVE LABOR AGREEMENT - Page I of 1l
1 ARTICLE 2 -DISCRIMINATION
2 There shall be no discrimination against, intimidation, or harassment of any employee
3 b either the CITY, DEPARTMENT, or UNION or any member acting on behalf of the
Y
4 UNION because of the employee's membership ornon-membership in the UNION or by virtue
5 of his/her holding office or not holding office in the UNION.
6 The CITY and the UNION agree that neither shall discriminate against any employee or
7 ros ective employee with respect to his/her compensation, terms, conditions, or privileges of
p p
8 em to ment because of such employee's race, color, religion, sex, national origin, age, or other
pY
9 factors which do not constitute a bona fide occupational requirements. It shall be the exclusive
10 responsibility of the DEPARTMENT to determine bona fide occupational requirements within
11 the meaning of this Article.
12
13 ARTICLE 3 -PREVAILING RIGHTS
14 All rights, privileges and benefits held by the firefighters at this time which are not
15 included in this contract shall remain in force, unchanged and unaffected in any manner unless
16 agreed to and memorialized in writing by both parties to the Agreement, provided that the
17 Management of the Department may change or cancel any such right, privilege or benefit 1)
18 temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the
19 best interest of the City or the Department, provided further that any change, cancellation or
20 alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the
21 purposes of harassment, or in a manner resulting in disparate treatment, and must be with just
22 cause by Management. Any change shall be subject to the Grievance Procedure. Nothing in
23 this Article is intended to supersede the City's obligation to negotiate pursuant to the provisions
24 of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this
25 Agreement.
26
27 ARTICLE 4 -MANAGEMENT RIGHTS
28 The DEPARTMENT shall have the exclusive right to exercise the regular and
29 customary functions of management, subject to the provisions of this Agreement and consistent
30 with applicable law and regulations, including, but not limited to: Determining the
31 DEPARTMENT'S financial, budgetary, accounting and organizational policies and procedures;
32 Directing the activities and operations of the DEPARTMENT; Determining the levels of service
COLLECTIVE LABOR AGREEMENT -Page 1 of 21
1 and methods of operations; To create and oversee personnel policies, rules and re ulations not
g
2 inconsistent with any other term of this Agreement; The introduction of new e ui ment• The
q p
3 right to hire, lay-off, transfer and promote; To discipline and discharge em to ees for cause• To
pY
4 determine work schedules and assign work; To determine j ob qualifications; To take whatever
5 action may be necessary to carry out its mission. Provided that nothing in this Article shall
6 nullify: (1) Any provisions elsewhere in this agreement, or (2) The City's statutory obli anon to
g
7 negotiate with the Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or
8 cancellation of any such right or privilege that is provided within Idaho Code shall be subject to
9 the grievance procedure.
10 The terms hereof are intended to cover only minimums in wages, hours, working
11 conditions, benefits, and other terms and conditions of employment. The City may place
12 superior wages, hours, working conditions, benefits and other terms and conditions of
13 employment in effect and may reduce the same to the minimums herein prescribed.
14 This Article shall not preclude the Union and the City from meeting during the period of
15 the contract to either (1) discuss procedures for avoiding grievances and other problems, or (2)
16 generally improving relations between the parties.
17
18 ARTICLE 5 -UNION DUES, FEES and ASSESSMENT CHECK OFF
19 The CITY agrees to deduct authorized union dues, fees and assessments in amounts
20 specified by the authorized officer of the UNION, from the pay of the UNION employees upon
21 written authorization. The CITY further agrees to transmit those amounts monthly to the
22 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and
23 assessments. The CITY will show deductions of dues, fees and assessments on the employee's
24 monthly check stubs.
25
26 ARTICLE 6 -UNION BUSINESS
27 Firefighters elected to UNION office shall be granted time off to attend functions,
28 conventions and seminars within the State of Idaho, provided that the Fire Chief is given
29 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's
30 Contract Negotiation Committee shall be allowed time off either as leave without pay or
31 vacation time at the employee's discretion, for all meetings with the CITY for contract
COIIECTIVE IABOR AGREEMENT -Page 3 of 11
1 ne otiations for union conventions and for union seminars mutually set by the CITY and the
g
2 UNION.
3 UNION shall be allowed to hold meetings within CITY Fire Stations. When
4 teleconferencin is available for all stations; meetings shall be held at multiple stations rather
g
5 than Station 1. By mutual consent a meeting may be held at one station as schedule and
6 workload allows. The City shall always maintain authority over the use of its stations.
7
8 ARTICLE 7 -REDUCTIONS IN FORCE
9 Reductions in force shall be established by a resolution of the City Council. If a
10 reduction in force is directed then it shall be done based upon seniority within each section
11 Twenty-Four (24) or Forty (40) hour that is to be reduced.
12 Seniorit in the Meridian Fire De artment is established at the time of hiring and is
y p
13 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a
14 coin toss.
15 No new employees, in either twenty-four (24) or forty (40) hour per week positions as
16 covered by this Agreement will be hired until the released members have been given the
17 opportunity to return to work. When positions become available then released personnel shall be
18 re-hired in the inverse order they were released.
19
20 ARTICLE 8 -RULES and REGULATIONS
21 The rules and regulations and policies of the DEPARTMENT relating in any way to
22 wages, hours and/or conditions of employment shall be made a part of this Agreement. The
23 rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subj ect to
24 change by mutual consent.
25
26 ARTICLE 9 -INSURANCE
27 During the term of this Agreement, the CITY shall pay 100% of the employee premiums
28 for health, worker's compensation, dental, life, and short & long-term disability insurance. The
29 CITY shall pay the same premium and provide identical coverage to the UNION for health
30 insurance that is given to other city employees. The coverage shall be comparable to the current
31 coverage in policies, inexistence as of the effective date of this agreement. The CITY will pay
32 80% of the same premium for the family health and dental in the same manner that it pays for
COLLECTIVE LABOR AGREEMENT -Page 4 of 2]
1 other city employees. This provision will be reviewed on an annual basis after uotes for
q
2 insurance are received to determine what adjustments may be needed to em to ee contributions
pY
3 to the plan. The CITY further agrees to cover increases in remiums for em toe °
p p y es up to 3 /o
4 not to exceed $15.00 per month or $180 per year. However, adjustments in covera e ma be
g Y
5 necessary if premiums quoted are above that amount. Any adjustments will not exceed
6 adjustments made to other city employees. The CITY reserves the right to make Chan es in
g
7 carriers, premiums and provisions of these programs when deemed necessary or advisable. The
8 City of Meridian agrees to establish an insurance review committee that will review the
9 employee's insurance coverage on an annual basis and make recommendations to the Cit
Y
10 Council. The UNION will be given a position for a representative on the committee with the
11 understanding that this member does not have bargaining power for the UNION.
12
13 9.1 Survivor's Health Insurance or Survivor's Benefit
14 In addition to other benefits that are available for a firefighter who dies in the line of
15 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State
16 Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay
17 the following benefits:
18 1) Cash value of 50% of the accumulated sick leave remainin to the survivor of the
g
19 firefighter; either to the spouse, or dependant children at the survivor's choice in the followin
g
20 manner:
21 a. Paid in one lump sum to the party or their designated trustee or representative; or
22 b. Applied towards continuing health insurance coverage for the survivor, if the family
23 had been insured with the City at the time of death. After the exhaustion of the value of
24 the 50% accumulated sick leave benefit, the party may continue with COBRA coverage
25 as allowed by law, at their own expense.
26 The choice must be made in writing by the survivor or the appropriate trustee or representative
27 for the survivor. If for any reason no election is not made within ten (10) days of the City's
28 request for an election to be made then the lump sum payment shall be made.
29 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000
30 term life and $50,000 accidental death benefit.
31
32
COIIECTIVE LABOR AGREEMENT - Page S of t1
1 9.2 -Post Employment Health Program
2 When a firefi hter retires from active duty, by qualifying under the rules existing under
g
3 the Public Em to ee Retirement System (PERSI); by points, age, medical disability, or by any
pY
4 method in existence at the time of retirement allowed by PERSI, the CITY agrees to apply the
5 cash value e uivalent oftwenty-five percent (25%) of the accumulated sick leave remaining for
q
6 that firefi hter in their personal accrual account with the CITY, towards continuing health
g
7 insurance coverage for that retiree. After the exhaustion of the value of the twenty-five (25%)
8 accumulated sick leave benefit, the retiree may continue under COBRA coverage as required by
9 law, at their own expense.
10 The CITY will make all reasonable efforts during the term of this agreement to create a
11 citywide post employment health benefit for all employees that may be considered by the
12 UNION. In the event a program is created and approved by the CITY the UNION will have the
13 option to re-open this agreement and substitute the citywide program in lieu of this Program in
14 Article 9.2 without penalty.
15
16 9.3 Voluntary Health Insurance and Benefits
17 There shall be established a Firefighter Only Retirement Health Plan between the
18 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical
19 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the fire
20 department that are covered by the terms of this Collective Bargaining Agreement shall be
21 required to be a member of WSCFFMERP by City policy whether they are a member of the
22 UNION or not.
23 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by
24 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be
25 required to submit plan documents to the CITY with all the necessary information to allow the
26 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual
27 UNION members monthly pay stubs.
28 The deductions by the CITY have to align with the beginning of the City's pay periods
29 and payrolling system.
30
~OLLE~TIVE LABOR AGREEMENT -Page 6 of 21
1 ARTICLE 10 -SICK LEAVE
2 Any twenty-four (24) hour shift member of the UNION incurrin anon-dut sickness or
g Y
3 disability which renders them unable to perform their duties shall receive sick leave with full
4 pay within his/her accumulated sick leave time. All twenty-four (24) hour shift members shall
5 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours.
6 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours er
p
7 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry
8 over from one contract to the succeeding contract.
9 Any UNION member that transfers from atwenty-four (24) _hour shift position to a
10 forty (40) hour per week position or vice versa shall have their accumulated leave adjusted by
11 the following conversion factor.
12 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply
13 accumulated leave by .736.
14 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply
15 accumulated leave by 1.36.
16 Any UNION member whose employment with the CITY is discontinued shall be paid,
17 at their regular wage rate, for 10% of their accrued sick leave at the date of separation. If an
18 employee is involuntarily terminated by the CITY, excluding workforce reduction, no pay will
19 be given.
20 Any UNION member unable to perform their duties for more that three (3) consecutive
21 shifts for twenty-four shift members and five (5) consecutive days for forty hour per week
22 members due to non-duty sickness or disability shall be required to provide medical
23 documentation from their attending physician that states that the employee is unable to perform
24 their regular duties or any limitations that may exist and the expected length of time before the
25 employee can return to full duty. Any employee may be required to provide a physician
26 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members
27 and five (5) consecutive days for forty hour per week members to ensure compliance with the
28 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or
29 incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more
30 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for
31 forty hour per week members.
COLLECTIVE LABOR AGREEMENT - Page l of 17
1 10.1- Donatin of vacation leave and receiving paid time off for catastrophic illness or
g
2 injuries (FMLA Qualifying) of Firefighters or Family members
3 UNION members that suffer a catastrophic illness or injury to themselves or an
4 immediate famil member shall be eligible to receive leave time from another member of the
Y
5 UNION to cover any loss of income for the member's absence from their regularly scheduled
6 duty assignment.
7 The illness and/or injury as well as the qualifying individual must all comply with the
8 re uirements of the Family Medical Leave Act and the City Policy to be able to receive this
q
9 paid time off.
10 UNION members may donate all of their accrued vacation hours per calendar year. The
11 donating employee's hourly wage will be converted to the receiving employees' rate of pay.
12 The receiving UNION member cannot receive more than 480 hours for forty (40) hour per
13 week Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of
14 donated time per calendar year except as allowed by City Policy 4.3.1.
15 Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1
16 employees are eligible to donate accumulated vacation leave to another employee that has an
17 FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term
18 disability benefits to employees. The paid time off that is necessary for an employee to
19 maintain their pay during this period shall be coordinated with that benefit so that the employee
20 does not receive an excess of their regular pay. All IRS regulations must be followed by any
21 participant in this program.
22
23 ARTICLE 11-INJURY LEAVE
24 when a firefighter is incapacitated on the job the firefighter shall be entitled to injury
25 leave with full monthly pay without reduction which includes the wage scale in APPENDIX A,
26 during the time period in which the firefighter is unable to perform their duties or until such
27 time as the firefighter is accepted for retirement by the current retirement system. The period of
28 injury leave is limited to a maximum of twelve (12) months and any worker's Compensation
29 benefits received by the member for total or partial temporary disability during the employee's
30 injury leave with full pay shall be turned over to the CITY. All employees on injury leave shall
31 be subject to an examination by a Doctor acceptable to the CITY. The CITY may require
32 recertification by aphysician every thirty (30) days.
COIIECTIVE LABOR AGREEMENT -Page 8 of 21
1 Whenever a firefighter is unable to perform their full duties as a result of a "line of duty"
2 injury or illness, the firefighter may be required to report to work in a light duty status if
3 management determines that light duty work exists or is available at that time. Management has
4 the right to determine if light duty exists. The CITY has the right to reassess the light duty
5 position every thirty (3 0) days.
6 The DEPARTMENT reserves the right to re-assign work schedules as necessary when
7 assigning light duty. This right shall include, but not be limited to changing days of work, hours
8 of work, and type of work to be performed. If light duty extends beyond the current month
9 (begins in one month and extends into another), the firefighter will only accumulate leave
10 benefits at same accrual rate of a general city "forty (40) hour per week" employee until light
11 duty ends. When the firefighter returns to regular duty assignment the normal leave benefits
12 will begin to accrue immediately. If the return to duty occurs within the month then the CITY
13 will pro-rate their accrual of leave within that month between a general employee rate and the
14 firefighter rate.
15 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations
16 provided by the sick or injured employee's medical doctor regarding their physical or mental
17 status. The firefighter must provide a Doctor's release to the Fire Chief or designee stating
18 what limitations or functions the firefighter is able to perform and for how long (hours per day
19 or per shift, days or shifts per month, etc.)
20 Assigned light duty shall in no way endanger, aggravate or prolong the full physical
21 and/or mental recovery of the sick/injured employee.
22 Light duty shall in no way affect the existing vacation, holiday, sick leave or other
23 benefit accrual as previously agreed to or provided for by this agreement or by past practice of
24 the management except for the exceptions as provided within this Article.
25 ARTICLE 12 -VACATION-EMERGENCY-INCIDENTAL & HOLIDAY LEAVE
26
27 12.1 Vacation Leave
28 All twenty-four (24) hour shift employees shall accrue paid vacation leave on monthly
29 basis according the following schedule:
30
31 A. Zero to four (0-4) years of service 16 hours per month
32 B. Five to nine (5-9) years of service 18 hours per month
COLLECTIVE LABOR AGREEMENT -Page 9 of 11
1 C. Ten to fourteen (10-14) years of service 20 hours per month
2 D. Fifteen to nineteen (15-19) years of service 22 hours per month
3 E. Twenty (20) and over years of service 24 hours per month
4
5 Maximum hours accrued shall be 720 hours. Any amount over the maximum will be
6 lost.
7 All forty (40) hour per week employees shall accrue paid vacation leave on monthly
8 basis according the following schedule:
9 A. Zero to four (0-4) years of service 10 hours per month
10 B. Five to nine (5-9) years of service 12 hours per month
11 C. Ten to fourteen (10-14) years of service 14 hours per month
12 D. Fifteen to nineteen (15-19) years of service 16 hours per month
13 E. Twenty (20) and over years of service 18 hours per month
14
1 S Maximum hours accrued shall be 250 hours. Any amount over the maximum will be
16 lost.
17 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week
18 position or vice versa shall have their accumulated leave adjusted by the following conversion
19 factor.
20 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply
21 accumulated leave by .736.
22 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply
23 accumulated leave by 1.3 6.
24 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any
25 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated
26 vacation.
27 Vacation usage shall be governed by departmental policy, but no more than three {3}
28 firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a
29 Company Officer and it will not cause any additional overtime to the DEPARTMENT.
30 NOTE: Firefighters who are promoted to any non-UNION position shall retain their
31 existing accrued vacation and sick leave. The employee shall then be subject to the accrual
32 rates pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals
33 based upon years of service with the City of Meridian. Any employee that has hours in sick
34 leave or vacation leave in excess of the amount allowed by City Policy shall not accrue any
3 5 additional sick leave or vacation until their hours have gone below the allowed limits.
COLLECTIVE 1A60R AGREEMENT -Page 10 of 11
1 12.2 Emergency Leave
2 In the event of an emergency, a firefighter shall be granted leave for a minimum of four
3 (4) hours and until the emergency no longer exists and the firefighter can return and erform
p
4 their job as required. The firefighter's station captain shall have the authorit to rant the
Y g
5 immediate leave and will coordinate with the Chief or the designated Station Ca taro to ac uire
p ~ q
6 a replacement firef ghter pursuant to this Agreement and Departmental policy.
7 An "Emergency" for the purposes of this clause shall be a matter that could not have
8 been anticipated or known prior to the beginning of the firefighter's shift and should in the
9 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or
10 their immediate family; a matter of great property loss or damage to the firefighter and should
11 only be granted in the most extraordinary of circumstances.
12 When practical the Fire Chief will be notified of the granting of Emergency Leave, and
13 if applicable, the possible length of said leave.
14
15 12.3 Incidental Leave
16 Incidental leave is defined as time off not previously scheduled during the vacation
17 schedule process pursuant to departmental policy. Incidental leave usage shall be governed by
18 departmental policy, but no more than three (3) firefi hters shall be allowed to use incidental or
g
19 vacation leave per shift unless directed by a Company Officer and it will not cause any
20 additional overtime to the DEPARTMENT.
21 Incidental leave shall be granted at the discretion of the Fire Chief or the designated
22 Station Captain.
23 Incidental leave maybe granted at any time, up to and including the day requested, as
24 long as no more than three firefighters have been granted vacation or incidental leave on the
25 requested day. Incidental leave will be granted for a minimum four (4) hours.
26
27 12.4 Holiday Leave
28 All firefighters shall accrue and receive eight (8) hours paid leave for each of the
29 holidays listed below and any additional days recognized by the State of Idaho. All holiday
30 time shall be in addition to the employee's accumulated vacation leave, and shall accrue as each
31 holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added to their
COLLECTIVE IABOR AGREEMENT -Page I I of Z1
1 vacation leave. All em to ees shall be entitled to ten (10}holidays per calendar year as listed
pY
2 below:
3 NEW YEAR'S DAY LABOR DAY
4 CIVIL RIGHTS DAY COLUMBUS DAY
5 PRESIDENT' S DAY VETERAN' S DAY
6 MEMORIAL DAY THANKSGIVING DAY
7 INDEPENDENCE DAY CHRISTMAS DAY
8 All fort (40) hour per week employees shall NOT receive Columbus Day as a holiday, but
Y
9 shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week employees
10 shall receive all the remaining holidays as listed above. If the designated holiday falls on a
11 weekend then the member shall take the City designated day as the holiday.
12
13 ARTICLE 13 -RELIEF PERSONNEL
14 The DEPARTMENT will provide qualified relief personnel with full-time employees, if
15 possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift
16 period of vacation, holidays, sick leave, and fire related education. Relief personnel may
17 include current department personnel working out of classification in a higher ranked position,
18 pursuant to this Agreement. Relief personnel can also be part-time paid personnel who have
19 been certified as qualified through the training program established by the DEPARTMENT.
20 Part-time paid personnel can only serve as relief in a Firefighter position, but not as Captain or
21 Engineer.
22
23 ARTICLE 14 -VACANCIES
24 Entry level firefighters shall be determined by a generally accepted standard testing
25 method within the fire service profession. Every two (2) years the DEPARTMENT shall hold a
26 qualifying test. The purpose of the test shall be to establish a hiring list of applicants for entry
27 level vacancies that may occur within the subsequent two (2) years. This test shall not limit the
28 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies.
29 Any unfilled position caused by termination, retirement, promotion or otherwise, except
30 for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring
31 list of eligible applicants on file for that position. If there is no existing list then entry level
32 positions will be filled within one hundred and eighty (180) days of the opening.
COLLECTIVE IABOR AGREEMENT -Page 12 of 11
1 Promotions and vacancies for the position of Engineer, Ca taro and an other ositions
p Y p
2 added to the ranks of the DEPARTMENT which pertain to shift ersonnel shall be filled from
p
3 the current ranks of full-time personnel of the Meridian Fire Department. After the testis iven
g
4 and if appropriate training has been provided for the position tested and there are no successful
5 candidates a second test will be given and if there are still no successful candidates for these
6 positions, management has the right to hire outside of the Meridian Fire De artment to fill the
p
7 open position(s). The Department may have up to thirty (30) days to begin a rocess for an
p
8 unscheduled vacancy. All promotional examinations shall be given within 90 da s and filled
Y
9 pursuant to Article 15 of this Agreement and within a short reasonable time frame as lon as
g
10 there are available candidates to promote.
11 Currently a position of Training Captain is authorized, but unfilled. The position shall
12 remain vacant by mutual agreement during the duration of this agreement. If the need arises
13 based upon changed circumstances this position maybe reinstated by mutual agreement and
14 when that occurs the time periods for filling of the position shall follow all other vacancies
15 within this Agreement.
16 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide
17 occupational requirements within the meaning of this Article.
18
19 ARTICLE 15 -PROMOTIONS
20 Eligibility tests for promotion and newly created positions shall be based on
21 examinations given. To be considered for promotion the employee must have served one
22 continuous year in the previous position. All promotional lists will become effective June 1 St of
23 the year that they are given and will expire on May 31 St of the year that the subsequent testis
24 given.
25 Examinations will be given once every two (2) years for Engineers; and will be given in
26 the first week of May of each year. For the positions of Captain of Suppression, the
27 examination will be given every two (2) years in the first week of May. For the position of
28 Captain Fire Inspector no scheduled test will be held during the term of this agreement unless it
29 is to fill a vacancy. The testing for Engineers will be in even numbered years and for Captain
30 in odd numbered years, or as needed.
31 A notice of impending promotional exam with a designated bibliography and defined
32 scoring criteria for the positions being tested shall be provided to all personnel for a minimum
COLLECTIVE LABOR AGREEMENT -Page 13 of 2l
1 of ninet 90 da s rior to the test date. The bibliography and defined scoring criteria maybe
Y( ) Y p
2 available more than ninet (90) days prior to the testing, but the notice of testing must allow for
Y
3 a minimum of ninet (90) days between the notice and the test. Notice shall be provided by a
Y
4 de artment wide email to all members of the department and by the posting of notices in each
p
5 Fire Station and the Administrative office of the Fire Department.
6 Prior to the be inning ninety (90) day promotional period the Department shall provide
g
7 and En ineer or Captain Academy, as appropriate, to provide training relevant to the test that
g
8 will be iven. The Academy shall begin before the ninety (90) period, but may end within the
g
9 period, but prior to the test being given.
10 In the event of an opening/vacancy for a position in which there are no qualified
11 candidates on the current promotion/eligibility list of that position, a special test maybe given,
12 by mutual consent of both parties, to fill the vacancy/opening.
13 All examinations shall be impartial and shall relate to those matters which will test fairly
14 the candidate's ability to discharge the duties of the position to be filled.
15 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide
16 occupational requirements within the meaning of this Article. The DEPARTMENT shall be the
17 sole j udge of skills, qualifications and ability. Seniority for promotions will be one (1) point per
18 year of service up to the maximum often (10) points. Seniority points will be added after
19 successfully passing the written examination. Promotional examinations shall consist of a
20 written test and assessment center. An assessment center may consist of up to four (4) various
21 sections. The sections shall be identified at the time of the announcement of the test. The
22 following formulas will be used to determine the candidate's final score on promotional
23 examinations for Engineer and Captain respectively:
24 Engineers Exam Scoring Criteria:
25 Written test: 40% of overall score; 75% minimum passing score
26 Practical exam (consisting of 4 individual evolutions): 30% of overall score; 60% minimum
27 overall passing score with no less than 50% minimum passing for each evolution
28 Operational Oral Board:l5% of overall score
29 Chief s Oral Board:l5% of overall score
30
31 Scoring criteria for Practical Exam and Oral Board's will be based on a 10 point Likert Scale
32 with objective scoring criteria identified on the rater's scoring documentation.
COLLECTIVE LABOR AGREEMENT -Page 14 of 17
1 Captains Exam Scoring Criteria:
2 Written test: 40% of overall score; 75% minimum passing score
3 Tactical exercise:l5% ofoverall score; 60% minimum passing score
4 Personnel Management exercise:l5% ofoverall score; 60% minimum passing score
5 Operational Oral Board: l5% of overall score; 60% minimum passing score
6 Chief s Oral Board: l5% of overall score; 60% minimum passing score
7
8 Scoring criteria for Practical Exam and Oral Board's will be based on a 10 point Likert Scale
9 with objective scoring criteria identified on the rater's scoring documentation.
10
11 ARTICLE 16 -GRIEVANCE PROCEDURE
12 Disputes or differences arising between the DEPARTMENT and the UNION and/or
13 individual members of the Fire Department as to the meaning or application of any provision of
14 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article
15 8), relating in any way to employees' wages, hours and /or conditions of em to ment, shall be
pY
16 settled in the manner provided herein. For the purpose of this provision, such a dispute or
17 difference shall be referred to as a "Grievance." All timelines that are described in this Article
18 maybe adjusted by the mutual consent of the DEPARTMENT and the UNION. Any variation
19 of the timeline shall be memorialized in writing and signed by the Chief and the UNION
20 President or designee.
21 Step One: Any employee who has a grievance shall notify the Union Grievance
22 Committee in writing within fourteen (14) calendar days from the date of the grievance, or
23 fourteen (14) calendar days from the time the employee, through reasonable diligence, should
24 have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION,
25 shall within the next then thirty (30) calendar days after the conclusion of any fact gathering,
26 hearing, or necessary research to determine if the grievance has merit. If in its opinion, the
27 grievance does not have merit, no further action shall be necessary. At no point shall the process
28 exceed thirty (30) days without the consent of both the DEPARTMENT and the UNION.
29 Step T'wo: If it is the opinion of the UNION that a valid grievance exists, the UNION
30 shall present the grievance in writing to the Fire Chief within fourteen (14) calendar days after
31 their decision. All parties to such discussion will make a good faith effort to resolve the
32 grievance. The Fire Chief thereafter shall give his~ier reply in writing within thirty (30)
COLLECTIVE LABOR AGREEMENT -Page I S of 2l
1 calendar days from the conclusion of any fact gathering, hearing, or necessary research. At no
2 point shall the process exceed thirty (30) days without the consent of both the DEPARTMENT
3 and the UNION.
4 Step Three: If the grievance has not been resolved in Step Two, the UNION shall
5 present the grievance in writing to the CITY within fourteen (14) calendar days from the receipt
6 of the Fire Chief s written reply. All parties to such discussion will make a good faith effort to
7 resolve the grievance. The CITY, through the Mayor and City Council thereafter shall give its
8 reply in writing within thirty (30) calendar days from the conclusion of any fact gathering,
9 hearing, or necessary research. At no point shall the process exceed thirty (30) days without the
10 consent of both the CITY and the UNION.
11 Step Four: If the grievance has not been resolved at the appropriate lower Step(s),
12 either the UNION and DEPARTMENT may within fourteen (14} calendar days refer the
13 grievance to an Arbitrator by serving written notice upon the other.
14 The UNION and the DEPARTMENT shall both select an individual to represent their
15 interests in the grievance process. The individuals may not be members of, or employees of
16 either the UNION or the DEPARTMENT. These two individuals shall request Director of the
17 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7)
18 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the
19 UNION or the DEPARTMENT. Within five (5}calendar days after receipt of this list the
20 UNION' S representative and the DEPARTMENT' S representative shall. select an Arbitrator by
21 alternately striking one (1) name at a time from the list until only one (1) name remains. The
22 party striking the first name shall be determined by a coin toss. Both parties shall accept the
23 name remaining on the list as the Lead Arbitrator.
24 The Arbitration Board shall conduct a hearing and shall render a decision in writing,
25 which shall be final and binding on both parties, subj ect only to the parties' right to seek
26 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9,
27 Title 7 Idaho Code.
28 The Arbitration Board shall have only such jurisdiction and authority to interpret and
29 apply the provisions of the Agreement as shall be necessary to the determination of the
30 arbitration issue. The Arbitration Board shall not have any power to add or subtract from,
31 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be
32 borne equally by the CITY and UNION.
COLLECTIVE LABOR AGREEMENT -Page Ib of 21
1 ARTICLE 17 - NO STRIKES - NO LOCKOUT
2 Upon the consummation and during the term of this A reement, no member of the Fire
g
3 Department covered by this Agreement shall strike or recognize a icket line of an labor
p Y
4 organization while in the performance of his/her official duties, in accordance with Idaho Code
5 Section 44-1811.
6 It is mutually agreed that there shall be no strike authorized b the UNION and no
Y
7 lockout authorized by the CITY, except for the refusal of either part to submit to or abide b
Y y
8 the grievance procedure set forth herein. No picket line, at or around the Cit 's ro ert
Y p p Y~
9 established by any other person or organization shall be sanctioned or honored Burin the term
g
10 of this Agreement.
11 The UNION agrees that as art of the consideration for thi '
p s Agreement, it will, within
12 twenty-four (24) hours take steps to end any unauthorized work stoppa es, strikes, slow-downs
g
13 or suspensions of work, instructing their members to work immediately. The UNION a rees
g
14 that it will not assist employees participating in unauthorized work sto a es, strikes slow-
pp g
15 downs or suspensions of work. For purposes of this section the term "strike" shall include
a
16 cessation or stoppage of work, slow-down, sit-in and picketing of the City's remises.
p
17
18 ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT
19 The CITY and the UNION believe that professionalism and pride in the Ci and the
tY
20 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION
21 believe that the attire of the firefighter and their conformance with rofessional a earance
p pp
22 helps achieve the goals of a superior organization. All uniform and work attire shall be clean
23 and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or his
24 designee to determine if an article of clothing is no longer serviceable for wear on But .
Y
25 All employee uniforms shall meet National Fire Protection Association (N.F.P.A. 1975
26 minimum requirements for station uniform wear. The brand, style, materials and color of
27 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be
28 comprised of two (2) UNION members and one (1) member of management designated b the
Y
29 Fire Chief. The Committee may recommend changes, but the final decision shall beat the
30 discretion of .the Fire Chief.
31 Under this article the CITY and the UNION have agreed to the specific clothin that is
g
32 to be purchased for "recruits" and firefighters.
COLLECTIVE LABOR AGREEMENT -Page I1 of 11
1 As lon as the items purchased are used and consumed during the normal course of
g
2 em to ment, the City will allow the firefighter to maintain the station wear and equipment
pY
3 personally.
4 The CITY will be responsible to acquire the necessary vendors for the specific items on
5 the clothin and e ui ment list and ordering all the items. The CITY shall stock and maintain a
g qp
6 "store" of inventory of clothing. All firefighters will be issued their full complement of
7 necessar clothing by a January 1, 2013 and thereafter articles of clothing shall be replaced as
Y
8 necessar ursuant to department policy. The date maybe extended for reasons outside the
Yp
9 control of the DEPARTMENT. The CITY and UNION shall establish a procedure for
10 replacement of worn, damaged, or lost clothing items.
11
12 18.1 Issued Equipment
13 The CITY agrees to provide the necessary equipment for the Twenty-Four (24) hour per
14 shift Su ression Firefighters to perform their duties. The CITY and the UNION will meet and
pp
15 discuss what tools may be needed for each Suppression Firefighter. For the term of this
16 Agreement the equipment is listed in APPENDIX C. Once issued the member shall be
17 responsible to maintain and keep the issued equipment. All items may be required to be
18 roduced as art of an inspection. If equipment is lost or damaged, beyond use, in the course of
p p
19 dut it may be returned, if practical, to the department for replacement. If unable to be returned
y
20 it can still be replaced. If lost or damaged outside of duty use then the firefighter will be
21 required to replace the item at the member's expense.
22
23 ARTICLE 19 -HOURS OF WORK AND DESIGNATED WORK PERIODS
24 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire
25 Department
26 The designated work period for all twenty-four (24) hour shift employees covered under
27 this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours. Under the
28 Fair Labor Standards Act (FLSA) 182 actual hours worked will be paid at the regular hourly
29 rate and ten (10) hours paid at the overtime rate if no excluded hours under the Act have been
30 taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled
31 shift, other than a "shift trade."
COIIECTIVE LABOR AGREEMENT -Page 18 of 2]
1 The regular work schedule for twenty-four (24) hour shift employees shall be two
2 consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively.
3 No suppression firefighter may work more than seventy-two (72} hours consecutively without
4 specific authorization or direction by the Deputy Chief of Operations, or the Fire Chief in
5 his/her absence. A shift shall betwenty-four (24) hours of duty, starting at 0700 and ending at
6 0700. For illustrative purposes, the regular work schedule for suppression personnel is listed
7 below with an X representing anon-duty shift and an 0 representing and off duty shift.
8
9 XXOOOOXXOOOO
10
11 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department
12 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 5:00
13 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) hours per week
14 shall be paid at a rate of time and one-half of the employee's hourly wage to the next '/2 hour for
15 the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this
16 schedule to meet the Department's needs. As a courtesy, the affected employee will be given
17 one (1) week's notice of the schedule change, unless the change is unforeseen. In an unforeseen
18 circumstance the Chief has the right to change the schedule to meet the need, but once the
19 circumstance is over, the schedule will be returned to normal. These positions shall have a
20 regular defined on-call schedule and will be compensated pursuant to the City on-call policy.
21
22 19.3 Emergency Clause
23 The Chief shall have the authority to revert the designated schedule, based upon an
24 identified emergency need, back to the work schedule in the prior contract. The Chief and the
25 UNION shall create measurable standards for success and identifiable emergency needs.
26
27 19.4 Review
28 Based upon the measurable standards of success that have been identified by the
29 UNION and the DEPARTMENT the HOURS OF WORK AND DESIGNATED WORK
30 PERIODS shall be reviewed at least every two (2) years for compliance with the standards set.
31 Other than Article 19.3 any changes to the work schedule shall be negotiated between the CITY
32 and the UNION.
COLLECTIVE LABOR AGREEMENT -Page 19 of 11
1 ARTICLE 20 -BEREAVEMENT LEAVE
2 In the event of a death in the twenty-four (24) hour shift employee's immediate family,
3 the shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave.
Y
4 Additional leave ma be granted from sick leave, accrued vacation leave or unpaid leave of
Y
5 absence at the discretion of the Chief or designee.
6 In the event of a death in the forty (40) hour per week employee's immediate family,
7 the shall be entitled to three (3) consecutive workdays off for bereavement leave Additional
y
8 leave maybe granted from sick leave, accrued vacation leave or unpaid leave of absence at the
9 discretion of the Chief or designee.
10 For purposes of this article, immediate family shall be defined as current spouse,
11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws
12 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law of
13 the employee. Adopted or "step" relationships will be considered same as any other family
14 relationship.
15
16 ARTICLE 21-ADDITIONAL DUTY AND COMPENSATION
17 Any firefighter reporting for duty while off duty shall have all of the benefits that he/she
18 would normally have while on his/her regular tour of duty. All additional compensation
19 accumulated by a firefighter shall be due and payable in their next pay period.
20
21 21.1 Definition of Overtime, Scheduled Overtime, and Compensation
22 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled
23 overtime shall be when a firefighter is requested to return to work for any meetings, training,
24 shifts or any other reason deemed necessary by the department that is scheduled or planned.
25 Firefighters shall receive overtime pay atone and one-half times (1 1/2) his~her normal
26 rate of pay for all overtime or scheduled overtime worked.
27
28 21.2 Definition of Call Back and Compensation
29 Call Back shall be when a firefighter is requested to return to work by the
30 DEPARTMENT at a time that the firefighter was not scheduled to work.
31 The firefighter shall receive a minimum of four (4) hours of pay, from the time they
32 receive the call, for a call back. Additional calls during that initial four (4) hours will not be
COLLECTIVE LABOR AGREEMENT -Page 10 of 21
1 further compensated. Any time worked after the first four (4) hours will be compensated in
2 one-half (1/2) hour increments, rounded up. Any firefighter reporting for duty while off duty
3 shall have all of the benefits that helshe would normally have while on hislher regular tour of
4 duty. All additional compensation accumulated by a frefighter shall be due and payable in their
5 next pay period, unless the compensation is to be paid by a separate public or private entity. If
6 the latter situation exists then the firefighter will be paid at the next pay period after the funds
7 are transferred to the City. The firefighter will be paid by the last pay period within 180 days of
8 the last date of service for the public or private entity whether the City has been reimbursed at
9 that time or not.
10 Overtime pay shall be paid as defined by Article 19 of this agreement.
11 Firefighters shall receive overtime pay at one and one-half times (1 1 /2) his/her normal
12 rate of pay for all overtime worked.
13
14 21.3 Definition of Holdover and Compensation
15 Holdover shall be when a firefighter regularly scheduled duty is extended from the end
16 of the shift by the DEPARTMENT.
17 Any time worked as holdover will be compensated in one-half (1 /2) hour increments,
18 rounded up to the next half hour.
19
20 21.4 Definition of Overtime for Training
21 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT
22 retains the right to determine which personnel may attend training.
23
24 ARTICLE 22-WORKING OUT OF CLASSIFICATION
25 All employees of the DEPARTMENT covered by this Agreement, who have tested and
26 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on
27 the current eligibility list for promotion to the higher ranked position, when necessary, must
28 accept, and assume the duties of the higher ranked position when it is available. No more than
29 one person working in a higher ranked position will be allowed on a company at a time, unless
30 an extreme or emergency situation exists.
31 After the completion of the promotional exams the employee may opt to remain on the
32 eligibility list or may choose to be removed at that time. At any time during the life of the
COIIECTIVE LABOR AGREEMENT -Page 11 of 11
1 eligibility list the employee may opt, at their sole discretion, to have their name removed. In
2 either circumstance removal from the list will be final and the employee may re-test during the
3 next testing period for promotion to that grade.
4 The right to use personnel will be current full-time department personnel working out of
5 classification in a higher or lower ranked position, as set forth above. If an employee were to
6 work in a lower ranked position they would be paid at their current rate, not the lower wage.
7 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher
8 position or rank, for the time worked at that position or rank. Any time worked out of
9 classification will be compensated in one-half (1 /2) hour increments, rounded up to the next
10 half hour.
11 Paramedic Engineers are allowed to swing up to Captain and receive the higher wage for
12 the temporary assignment in addition to their regular paramedic pay. The pay for a Captain
13 Working Out of Class as the primary paramedic on the apparatus in a lower ranking position
14 shall be $1.32 per hour for the shift. If there is already an assigned Paramedic for the shift on
15 the Engine or Truck then the Captain Working Out of Class shall not receive the additional pay
16 differential.
17
18 ARTICLE 23-STAFFING
19 The DEPARTMENT maintains the right to assignment and staffing of stations, engines,
20 and companies. Change in assignment may be based on the following criteria; vacancy,
21 seniority, stations available, and re-assignment, but is not limited to only these specified. The
22 method of declaring a vacancy, applicability of seniority, station bidding, and re-assignment
23 shall be determined by Department policy. The Station Bid policy shall be negotiated between
24 the UNION and the DEPARTMENT as mutually determined to be needed. The
25 DEPARTMENT retains the final authority for all staffing and shift assignments.
26 Minimum Staffing at each station will be either three (3) or four (4) personnel dependent
27 on the assigned apparatus to the station. Personnel assigned to a station may be used to cross-
28 staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not
29 required to be staffed on a daily basis. Apparatus standards shall be the following:
30 Engine Companies Brush Truck Companies
31 1 Captain 1 Captain
32 1 Engineer 1 Engineer
33 1 Firefighter 1 Firefighter
COLLECTIVE LABOR AGREEMENT -Page t1 of 21
1
2 Water Tender Companies Truck Companies
3 1 Captain 1 Captain
4 1 Engineer 1 Engineer
5 2 Firefighters
6
7 Any additional firefighters on staff above the minimum as listed above will be used to increase
8 the staffing of the engines/truck or staff extra apparatus unless the individual has applied and
9 been accepted as part of a mentoring program pursuant to department policy.
10 Whenever circumstances exist that causes an apparatus to fall below that minimum,
11 management reserves the right to re-assign personnel (including select qualified command
12 officers at the Chief s discretion), exercise "call-back", exercise "holdover", exercise "working
13 out of classification", or in extreme emergency circumstances, take an apparatus out of service
14 temporarily until appropriate personnel are available. Stations or Apparatus will only be taken
15 out of service long enough to return the necessary personnel to staff them.
16 As of the effective date of this contract, the Meridian Fire Department operates five (5)
17 Engine Companies and cross-staffs one (1) Truck Company. As future stations are opened, they
18 will be staffed by additional Engine and/or Truck Companies, as decided by the CITY, using
19 this same staffing configuration above unless mutually agreed to a change by the UNION and
20 the CITY.
21
22 Advanced Life Support (ALS) Engine or Truck Companies
23 An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum
24 of one (1) licensed paramedic in the State of Idaho. The Department's Medical Supervision
25 plan shall establish the appropriate number of EMS positions within the Department. The
26 licensed paramedic shall be the person primarily responsible on that Engine or Truck company
27 apparatus to provide ALS response. The Captain may be a paramedic, but is not charged with
28 the primary responsibility of ALS support and therefore an additional licensed paramedic must
29 be on the apparatus for it to be considered as an ALS response.
30
31 ARTICLE 24 -SALARIES
32 Wages for all UNION members shall be as fixed and set forth in APPENDIX A,
3 3 attached hereto.
34
COIIECTIVE LABOR AGREEMENT -Page Z3 of 21
1 ARTICLE 25 -ALCOHOL & DRUG POLICY
2 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's
3 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is
4 included in this agreement as APPENDIX B. It is agreed that changes made to this policy, shall
5 not apply to the UNION without written consent of its members.
6
7 ARTICLE 26 -HEALTH AND WELLNESS
8 26.1 Health
9 CITY shall provide mandatory physicals, as the department budget allows. The City
10 shall maintain a budget sufficient to allow each UNION member a physical every three years.
11 Members will be placed on a rotational schedule to be determined and maintained by the
12 Division Chief of Health and Safety.
13 The physicals shall be done through a physician that both CITY and the UNION agree
14 upon. The only medical information that the CITY shall receive from the physician is a proof
15 of attendance. All other documentation and personal medical information shall be directed to
16 the member receiving the physical and no medical information shall be shared with the CITY
17 by the physician without the individual member's consent.
18
19 26.2 Fitness
20 The DEPARTMENT and the UNION shall develop a fitness program for all
21 firefighting personnel. The program shall be based on identified best practice and shall include
22 the following components: education, department standards/success factors, and Department
23 sponsored remediation if necessary. The program may be managed by a peer directed program
24 or managed through a separate vendor or both, jointly agreed upon by the DEPARTMENT and
25 the UNION, depending on the availability of funding. Participation in the program shall be
26 mandatory for all personnel that respond to emergency scenes.
27
28 ARTICLE 27 - RETURN TO FORMER POSITION
29 Subject to the following provisions and as set forth below, any fulltime suppression,
30 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD")
31 may request to return to a former fulltime suppression classification he/she previously held
32 within MFD or their former department. Additionally, if necessitated as a disciplinary measure
COLLECTIVE IABOR AGREEMENT -Page t4 of 11
1 the Chief may demote a member of the Union to former position using the same process as
2 outlined in this Article. For the purposes of this Article no current member maybe
3 involuntarily demoted for the purpose of providing an opening for a person requesting a return
4 to former position or being demoted.
5 For the purpose of this article the position being vacated to return to former
6 classification shall not be considered a "vacancy" pursuant to Article 14, but for any position
7 within the bargaining unit shall be filled by a list established pursuant to Article 14. Any
8 position outside of the bargaining unit shall be filled by personnel at the position being
9 requested unless the testing process outlined in Article 14 is satisfied and there are no qualified
10 personnel to promote.
11
12 27.1 Eligibility
13 A. An Employee may request to be returned to a prior fulltime suppression
14 classification within the MFD from which he/she was promoted;
15 B. An Employee maybe demoted pursuant to the disciplinary process;
16 C. An Employee who has not previously held a fulltime suppression classification at
17 MFD may request to be moved to a fulltime suppression classification they held at
18 their former department IF all of the following criteria are met:
19 i. 5 years or longer with the Department in a rank higher than the suppression
20 classification being requested.
21 11. All minimum qualifications have been met for the suppression classification
22 being requested.
23 111. The employee making the request has completed all necessary testing and has
24 achieved a passing score for the suppression classification being requested.
25 When a Chief Officer, having special knowledge of MFD's testing process (including,
26 but not limited to, testing procedures, written and oral board questions, scenario based
27 assessments, manipulative skills etc.), the Department must hire an external panel to conduct the
28 test.
29
30 27.2 Process
31 A. Any member requesting a return to a former classification must do so in writing to
32 .the Chief or his designee. The written request must:
COLLECTIVE IABOR AGREEMENT -Page 15 of 11
1 i. List the former classification requested.
2 ii. List the date promoted to the former classification.
3 111. List the preferred date to return to the former classification.
4 B. The Chief, after consultation with Local 4627 President, shall approve or deny the
5 request to return to a former classification in writing.
6 C. The Chief or his designee may delay the return to a former classification until there is
7 a vacancy in the requested classification.
8 D. The Chief or his designee may not lay off or demote personnel to create a vacancy
9 for a return to a former classification. But a promotion based upon an existing
10 promotional list will satisfy the creation of a vacancy.
11 E. If two (2) or more requests are made at the same time, preference will be given to
12 any Employee(s) who previously held the requested suppression classification and
13 has greater seniority in the Department.
14 F. If the return to former position is caused by a demotion the same process shall apply.
15
16 27.3 Seniority
17 When an Employee returns to a former classification, the seniority accrued in the
18 position(s) held prior to the return to former classification shall be combined with the time in
19 grade that was accrued in the former classification. (Date of Hire + Time in Grade)
20 For any employee not previously hired within a suppression classification position but
21 reassigned to a suppression classification position, he/she shall be moved to the bottom of the
22 rank seniority list for the classification being assigned to but will retain years of service since
23 date of hire as a MFD employee as it pertains to department seniority,
24
25 Examples:
26 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted
27 to Division Chief of Logistics for 36 months time in grade and then returns to Captain of
28 Suppression. For purposes of Captain of Suppression seniority, the member now has 60
29 months of accrued seniority;
30 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain
31 of suppression for 12 months time in grade and then returns to Engineer. For purposes
32 of Engineer seniority, the member now has 72 months of accrued seniority.
COLLECTIVE LABOR AGREEMENT -Page 16 of 11
1
2 ARTICLE 28 -SAVINGS CLAUSE
3 If any provisions of this Agreement or the application of such provision should be
4 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or
5 subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain
6 in full force and effect.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ARTICLE 29 -EFFECTIVE DATE
The Collective Labor Agreement shall become effective October l , 2012 and remain in
full force and effect through September 30, 2014.
Additionally, this agreement may be re-opened at any time for negotiations on any
mutually agreed upon items}, pursuant to the procedures set forth in Chapter 18, Title 44, Idaho
Code. This may include items contemplated within this agreement that may require amendment
or change during the course of this Agreement.
DATED AND SIGNED this day of 2012.
CITY OF MERIDIAN
IAFF LOCAL #4627,
MERIDIAN CHAPTER
21
23 T d Weerd
24 May
25
By: .~
Grant Hamilton
President
26
27 APPROVED BY CITY COUNCIL this G~~y of
28
29 ATTEST:
30
31 By:
32 ayce .Holman
33 City erk
34
~~G~ ~T9o
,,,,~ its c-r
IDIAN~.
,~ ~#~ANO
~~ ~E~~
n~.`kr. T!tEAS~~'Q~
012.
COLLECTIVE LABOR AGREEMENT -Page 21 of 21
APPENDIX A
Introductory/Probationary Firefighter positions are eligible for promotion to Firefighter I
after six months of service with the Meridian Fire Department. Firefighter I and II
designated below are State of Idaho Certification levels and in addition to achieving that
certification the individual must serve for one (1) continuous year each before being
eligible for promotion pursuant to Article 15 of this Agreement.
The Department and the Union shall establish the hours and course subjects for
promotion to Firefighter III. The Department shall do everything within its ability to
provide all classes within a reasonable cycle. The Department will diligently evaluate and
approve as often as reasonable and as soon as possible local or online courses that can
qualify for any of the above subject areas.
Promotions shall take effect on the next pay period following the completion of the time
of service. (Intro/Prob-6 months; FFI -1 year; FFII-2 years; FFIII-3 years)
Wage Scale -The wages for the regular rate of pay for all positions except the Captain
Fire Inspector & Captain Training are based upon 2920 hours worked per year. The
Captain Fire Inspector ~ Captain Training wage is based upon 2080 hours worked per
year.
The job classification and wage rates for employees covered by this Agreement shall be
as follows:
EFFECTIVE DATES
Job Titles 10/1/2012(1%) 10/1/2013(1%)
Introductory/Probationary
Firefighter I
Firefighter II
Firefighter III
Engineer
$15.81 hourly
$46,165.20 annually*
$17.07 hourly
$51,684.00 annually*
$ 20.04 hourly
$58,516.80 annually*
$ 22.10 hourly
$64,532.00 annually*
$ 23.85 hourly
$69,642.00 annually*
$15.96 hourly
$ 46,626.85 annually*
$17.24 hourly
$ 50,340.80 annually*
$ 20.24 hourly
$59,100.80 annually*
$ 22.3 2 hourly
$ 65,174.40 annually*
$ 24.08 hourly
$ 70,313.60 annually*
Captain of Suppression
$ 26.54 hourly
$77,496.80 annually*
$ 26.81 hourly
$ 78,285.20 annually*
Captain Fire Inspector/ $3 7.26 hourly $ 3 7.63 hourly
Captain Training $77,500.80 annually* $ 78,249.60 annually*
`Annual wage listed is based upon hours projected. Wages are paid on actual hours worked.
Education or Certification Incentive Pay: All employees that have furthered their
education or expertise, at their own expense, and have acquired the following degrees
regardless of their major may apply for and receive an additional amount added to the
firefighter's base rate. The additional hourly amount shall be:
Education
Associate's Degree:
Bachelor's Degree:
Master's Degree:
$.11 cents per hour
$.22 cents per hour
$.33 cents per hour
The educational degree shall be from an accredited institution of higher learning. The
additional hourly amount shall be added the firefighter's base rate of pay. A firefighter
shall only be entitled to one (1) education incentive pay. Pay shall be for the highest
degree obtained.
Certification
EMT Advanced: $.22 cents per hour
Paramedic License: (Captain Only) $.33 cents per hour
Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and
are operating in a paramedic role for the City of Meridian shall receive the following
amount in addition to the salaries listed above:
$1.65 per hour
This amount shall only be available from Introductory/Probationarylevel up to and
including Engineer. Captains and above shall not receive Paramedic pay unless they
Work Out of Class in a lower rank position and serve as the primary paramedic for the
shift (or any part thereof), but may receive Education Incentive pay. The additional
hourly amount shall be added to the firefighter's base rate of pay. The pay for a Captain
Working Out of Class as a Primary Paramedic in a lower ranking position shall be $1.32
per hour more for the shift. If there is already an assigned Paramedic for the shift on the
Engine or Truck then the Captain Working Out of Class shall not receive the additional
pay differential.
All employees that were hired as paramedics may be required to maintain their license as
a continuing job requirement until they reach the Captain position. A paramedic may
request to drop their paramedic certification to Basic EMT prior to achieving the rank of
Captain. Based upon the minimum required personnel at the paramedic level, as
established by the Medical Supervision Plan, any paramedic in excess of the number
established is eligible to request to drop their paramedic's certification. Anyone that is
granted the ability to drop their certification may be reassigned subj ect to the needs of the
Department. The Chief may consider seniority in granting the request. The Chief shall
have the sole discretion to grant this request.
APPENDIX B
SUBJECT: DRUG AND ALCOHOL POLICY
PURPOSE: To outline the goals and objectives of the City's drug and alcohol testin
g
program and to provide guidance to supervisors and employees
concerning their responsibilities for carrying out the program, For the
purpose of this policy volunteers are stated as employees. This policy
applies to all regular full-time, part-time, introductory, temporary,
seasonal or contract employees, volunteer firefighters, .police reserve
officers and all j ob applicants.
BARGAINING UNIT EMPLOYEES (FIRE)
The collective labor agreement shall govern the alcohol/drug program/policy for Fire department
employees who are represented by the bargaining unit. Represented employees should refer to the
labor agreement, Appendix B.
SAFETY SENSITIVE POSITIONS
The j ob functions associated with these positions directly and immediately
relate to public health and safety, the protection of life, and law
enforcement.
Safety Sensitive positions are those that require an employee to:
• Carry firearms
• Have custodial responsibility for illegal drugs
• Perform emergency medical, lifesaving, and/or fire suppression
activities
• Have supervision over children in the absence of their parents or
adult guardians
• Have access to homes and/or businesses in the City
• Handle hazardous materials that if mishandled, place City
employees and/or the general public at risk of serious injury
• Work in the water and wastewater systems and their operations
• Be required to maintain a Commercial Driver's License (CDL)
• Operate heavy machinery
Human Resources shall maintain a list of every safety sensitive position that is
covered by this policy.
POLICY: 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
APPENDIX B
ossession of alcohol and controlled substances. The City of Meridian is
p
committed to promoting and maintaining a drug free work environment
for our employees, and members of the general public. Furthermore, the
Cit has an obligation to protect the City's property, equipment, operations
Y
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 supersede
testing, reporting, and procedures mandated by federal and state rules,
regulations or laws that relate to the maintenance of a workplace free from
alcohol and illegal drugs.
The City requires compliance with this policy as a condition of
employment for qualified applicants or for continued employment for all
City, employees and volunteers.
AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be
charged with interpreting and administering this policy. Supervisors and
department heads are responsible to ensure compliance to this policy
within their areas of responsibility.
PROCEDURES AND RELATED INFORMATION
I. PROHIBITED ACTIVITIES
A. On-Duty
1. Employees are expected to work alcohol and drug free in order to
enable safe and efficient j ob performance.
2. 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 a j ob 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.
3. 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.
APPENDIX B
4. Department Heads will have authority to determine if the
possession of alcohol, drugs or paraphernalia is within acceptable
circumstances or guidelines.
B. Off Duty
1. 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.
2. Employees who are acquitted will be returned to work with back
pay, if applicable.
3. ,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.
II. 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 the period that the medical
practitioner advises that the employee's ability to perform his or her job
safely maybe adversely. affected by such medication. Any employee who
has been informed by his~her physician that the prescription drug could
cause adverse side effects while working must inform his/her supervisor
prior to using the medication on the j ob.
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.
III. DISCIPLINE
A. 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 subj ect to discipline up to and including termination.
APPENDIX B
B. 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 u to and
. p
including termination.
IV.
C. 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 includin
. g
termination.
D. 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
defined by this policy will be subject to discipline up to and including
termination. Employees voluntarily participating in an alcohol/drug
rehabilitation program recommended by the EAP will not be subject to
discipline for participation in the program. If the employee is required to
participate in an alcohol and/or drug program the Employee Assistance
Program will notify Human Resources when an employee has completed
the rehabilitation program. Prior to returning back to work an employee
must have a negative test result and 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.
E. 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.
F. Employees who are required to participate in the City's Employee
Assistance Program (EAP) will be subject to termination for the following
policy violations:
1. Failure to contact the EAP within five (5) working days after
notification of a positive test result.
2. Refusal or unexcused failure to participate in counseling or the
EAP program.
3. Abandonment of a treatment program prior to completion and
being released.
EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL
A. 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 brochures
and cards on the EAP program.
APPENDIX B
B. Self Referral
1. Rehabilitation assistance in lieu of discharge may be offered:
2. Any employee, who identifies him~erself 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 Em to ee Assistance Program (EAP) will not be subject to
py
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 sounder the terms of this policy.
3. To an employee who obtains counseling, evaluation and
rehabilitation treatment recommended through the City's
Employee Assistance Program (EAP).
4. 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
andlor 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.
5. Employees who are referred to outpatient andlor 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.
6. 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.
C. Involuntary Referral
When an employee tests positive for alcohol or drug use (or is identified
as being under the influence of alcohol or drugs at work) as identified in
the City's Alcohol and Drug policy the employee will be sent to the City's
EAP program for assessment, and treatment planning.
V. EDUCATION
APPENDIX B
A. Supervisors and other management personnel will be trained in:
l . Overall City policy;
2. Detecting the signs and behavior of employees who may be usin
. g
alcohol or drugs in violation of this policy;
3. Recognizing and intervening in situations that may involve
violations of this policy;
4. EAP intervention, procedures and supervisor's role;
5. Documentation of employee performance and behavior.
B. Employees will be trained and informed of:
1. The health and safety dangers associated with alcohol and drug
use;
2. The provisions of this policy through employee meetings and
employee orientation.
VI. TESTING PROCEDURES
A. PRE-EMPLOYMENT TESTING
1. All 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 and drug test result. A conditional offer of employment
will be rescinded for any applicant who tests positive for the
presence of alcohol and/or illegal drugs.
2. 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.
3. An applicant will be provided written notice of this policy, and by
signature will be required to acknowledge receipt and
understanding of the policy.
B. REASONABLE BELIEF TESTING
1. 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, orconduct-evidencing impairment observed
over a period of time.
APPENDIX B
2. 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 maybe required.
C. POST- ACCIDENT TESTING
1. Any employee involved in awork-related accident will be tested for
the use of alcohol and illegal drugs, as soon as possible after the
accident, preferably within four (4) 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:
a. A fatality, personal injury, or injury to another person requiring
transport for medical treatment away from the site of the
accident;
b. Damage to equipment or property owned by the City, or by a
third party, that is estimated to exceed $500.
c. Damage to a City vehicle that is estimated to exceed $2000.
2. 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 his/her 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.
3. If it is determined by management that an employee's accident was
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 awork-related accident requiring medical treatment are
to immediately inform their supervisor of the accident, so that any
needed alcohol or drug testing may be promptly conducted in
conjunction with their medical treatment.
D. RANDOM TESTING
1. Department Heads and employees insensitive positions will be
subj ect 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 j ob could
reasonably expect to affect health, safety and security of other City
employees or the general public.
2. Sensitive positions are those that require an employee to:
a. Carry firearms;
b. Have custodial responsibility for illegal drugs;
APPENDIX 6
c. Perform emergency medical, lifesaving, and/or fire suppression
activities.
d. Have supervision over children in the absence of their parents
or adult guardians;
e. Have access to homes and/or businesses in the City;
f. Handle hazardous materials that if mishandled, place City
employees and/or the general public at risk of serious injury.
3. The job functions associated with these positions directly and
immediately relate to public health and safety, the protection of
life, and law enforcement.
4. 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 testis
scheduled. The supervisor will be notified within two hours of the
scheduled testing and the employee will be notified immediately
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.
5. The annual number of random tests will be no more than fifteen
percent (15%) of the average number of employees subj ect to
random testing for alcohol and illegal drugs.
6. 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.
E. VOLUNTARY RANDOM TESTING
As part of the City's alcohol and drug free 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.
F. CDL TESTING
In compliance with the Department of Transportation (DOT) ruling 49
CFR parts 40 and 3 82, 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.
APPENDIX 6
VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES
A.
B.
C.
Specimen Collection Procedure
1. 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.
2. All specimens will be tested for the presence of alcohol and illegal
drugs. All specimens tested for illegal drugs will be done by urine
analysis. Alcohol testing will be done by a Breath Alcohol 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 abreath-test due to a medical condition then a blood test will
be administered.
Adulteration Or Submission Of Concealed Specimen
1. 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 orhis/her 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 from
further employment with the City.
2. In the event that a prospective or current employee submits a specimen
that the laboratory later identifies as a diluted specimen, the City will
advise the prospective or current employee of that finding and request
that he/she submit a second specimen. Such donors will be advised by
the City not to drink any fluids prior to the test.
Testing and Confirmation
1. The cut-off levels for all Non-Dot testing is as follows:
Dru Class Screenin Confirmation
Amphetamine Family 1000 ng/ml 500 nglml
Cocaine 300 ng/ml 150 nglml
Phencyclidine (PCP) 25 ng/ml 25 ng/ml
Marijuana 50 ng/ml 15 ng/ml
Opiates 2000 ng/ml 26 ng/ml
APPENDIX 6
2. 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, and 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 from 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.
3. Any specimen that screens positive for the presence of illegal
drugs will be confirmed by the Gas Chromatography/Mass
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 MRO within 48 hours of the employee being
notified of the positive test result.
4. 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 the cost of the retest and any lost of compensation
and benefits that is incurred as a result of the initial positive test
results. The City will have no liability to any employee for errors
or inaccurate test results.
VIII. TEST RESULT NOTIFICATION
A. All results received from the laboratory will be forwarded to the office of
the accredited collection agency for the purpose of their providing medical
review officer services. When a test shows a positive test result the
employee or applicant will be contacted by the Medical Review Officer
(MRO) and will be given the opportunity to provide an explanation for the
positive result. The MRO may choose to conduct employee medical
interviews, review employee medical history, or review any other relevant
biomedical factors. After the employee has been provided an opportunity
to consult with the Medical review officer and the MRO determines that
the test is positive the City will be notified. The collection agency will
only report results to the Human Resource Director orhis/her designee.
B. 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
APPENDIX B
medication and the identity of the prescribing physician for verification. If
the MRO determines that the positive test result was due to authorized use
of prescription medication, he/she will immediately report a negative
finding to the Human Resource Director orhis/her designee and no further
action will be taken. However, if an employee cannot provide a reasonable
explanation for his/her 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 his/her designee will be notified of the
positive test result and disciplinary action will be taken consistent with the
terms of this policy.
IX. 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.
X. EFFECT OF TESTING POSITIVE
A. 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.
B. Any classified employee (as defined under the City of Meridian's
employment classifications) that tests positive for alcohol or illegal drugs,
will be subj ect to disciplinary action consistent with the terms of this
policy. (Refer to the disciplinary section of this policy).
XI. CONFIDENTIALITY
All 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.
XII. CONCLUSION
The terms of this alcohol/drug free workplace policy are intended to achieve a
work environment where employees are free from the effects of alcohol and/or
drugs. Employees should be aware that the provisions of this policy maybe
revised when necessary. The City anticipates that by implementing an alcohol and
drug free workplace policy, its employees will enj oy 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.
APPENDIX B
BARGAINING UNIT EMPLOYEES (FIRE)
The collective labor agreement shall govern the alcohol/drug program/policy for
the Fire department employees who are represented by the bargaining unit.
Represented employees should refer to the labor agreement, Appendix B.
XIII. DEFINITIONS
A. Alcohol: means any beverage that contains ethyl alcohol (ethanol),
including but not limited to beer, wine and distilled spirits.
B. A licant: Any individual tentatively selected for employment with the
City.
C. Citypremises 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.
D. Dru 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.
E. Dru testing: means a urinalysis taken for the purpose of determining
whether drugs are in the person's system or any other testing the City
deems appropriate and reliable.
F. Employee Assistance Pro .. r~_(EAP): A contract-based counseling
program that offers assessment, short-term counseling, and referral
services to employees for a wide range of alcohol, drug, and mental health
problems and monitors the progress of employees while in treatment.
G. Ille al dru .: 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 or use of a legal drug not
prescribed to the employee.
H. Legal d.~ 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.
I. Medical Review Officer: An independent licensed physician who has
knowledge of substance abuse disorders and the appropriate medical
APPENDIX B
training to interpret and evaluated all positive test results together with an
individual's medical history and any other biomedical information.
J. 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 suspected drug or
alcohol impairment.
K. 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.
APPENDIX B
APPENDIX C
Issued Firefighting Equipment
Flashlight
Streamlight Survivor LED AC Fast Charge
Wire/Cable cutters
Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter
TFT: Res-Q-Bench Folding Spanner Multi Tool
Available Firefighting Equipment
Ear Plugs
Eye Protection
Goggles/Goggle covers
Safety Glasses clear or tinted
Hand Protection
Work Gloves
APPENDIX C