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2010 Collective Labor Agreement with I.A.F.F. Local 4627 for Meridian Fire FightersCOLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 (~~E IDIZ IANs'~-- ~J Effective October 1, 2010 -September 30, 2012 ~~~ TABLE OF CONTENTS .................................................................. EMENT PREAMBLE ............................. 1 .......... AGRE ARTICLE 1 -RECOGNITION ........................................................................ ............................. 1 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 .................................................. ............................ 14 ARTICLE 17 - NO STRIKES - NO LOCKOUT ........................................... ............................. 16 ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT .. ............................. 16 ARTICLE 19 -HOURS OF WORK AND DESIGNATED WORK HOURS ............................ 18 ARTICLE 20 -BEREAVEMENT LEAVE .................................................... ............................. 19 ARTICLE 21 -ADDITIONAL DUTY AND COMPENSATION ................. ............................. 19 ARTICLE 22 -WORKING OUT OF CLASSIFICATION ........................... ............................. 20 ARTICLE 23 -STAFFING ............................................................................ ............................. 21 ARTICLE 24 -SALARIES ............................................................................ ............................. 23 ARTICLE 25 -ALCOHOL & DRUG POLICY ............................................ ............................. 23 ARTICLE 26 -HEALTH AND WELLNESS ................................................ ............................. 23 ARTICLE 27 -SAVINGS CLAUSE ............................................................. .............................. 24 ARTICLE 28 - EFFECTNE DATE .............................................................. .............................. 24 APPENDIX "A" -WAGE SCHEDULE APPENDIX "B" -DRUG & ALCOHOL POLICY APPENDIX "C" -UNIFORM LIST APPENDIX "D" -ISSUED AND AVAILABLE EQUIPMENT 1 AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, 5 hereinafter referred to as DEPARTMENT; in order to increase the general efficiency 6 within the Fire Department, to maintain existing harmonious relationship between the 7 DEPARTMENT and its employees, and to promote the morale, rights, and well-being of 8 the members of the Fire 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 12 Idaho Code the CITY recognizes the UNION as the exclusive bargaining agent for all 13 firefighters as 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 17 Fire Department 1 g 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 Driver, and Captain of Suppression. 21 22 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire 23 Department 24 These employees currently work a shift as defined in Article 19.2. The position 25 incorporated by this Agreement is Captain Fire Inspector, Training Captain, and may 26 include Suppression Firefighter personnel that are assigned on a temporary basis for 27 training or light duty. Temporarily assigned personnel will not be required to flex their 28 forty (40) hour per week schedule, as defined in Article 19.2, without mutual consent by 29 the individual and the department. Temporarily assigned personnel shall not have their 30 vacation or sick leave converted pursuant to Article 12.1, but will only accrue vacation 31 and sick leave at the forty (40) hour per week employee rate during the temporary 32 assignment. COLLECTIVE LABOR AGREEMENT - Page I of 24 1 ARTICLE 2 -DISCRIMINATION 2 There shall be no discrimination against, intimidation, or harassment of any 3 employee by either the CITY, DEPARTMENT, or UNION or any member acting on 4 behalf of the UNION, because of the employee's membership or non-membership in the 5 UNION or by virtue 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 7 employee or prospective employee with respect to his/her compensation, terms, 8 conditions, or privileges of employment because of such employee's race, color, religion, 9 sex, national origin, age, or other factors which do not constitute a bona fide occupational 10 requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine 11 bona fide occupational requirements within 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 15 not included in this contract shall remain in force, unchanged and unaffected in any 16 manner unless agreed to and memorialized in writing by both parties to the Agreement, 17 provided that the Management of the Department may change or cancel any such right, 18 privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when 19 shown to be a necessity for the best interest of the City or the Department, provided 20 further that any change, cancellation or alteration of any such right, privilege or benefit 21 cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner 22 resulting in disparate treatment, and must be with just cause by Management. Any 23 change shall be subject to the Grievance Procedure. Nothing in this Article is intended to 24 supersede the City's obligation to negotiate pursuant to the provisions of Section 18, Title 25 44, Idaho Code, or to supersede any other terms or conditions of this 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 30 consistent with applicable law and regulations, including, but not limited to: Determining 31 the DEPARTMENT'S financial, budgetary, accounting and organizational policies and 32 procedures; Directing the activities and operations of the DEPARTMENT; Determining COLLECTIVE LABOR AGREEMENT -Page 2 of 24 1 the levels of service and methods of operations; To create and oversee personnel policies, 2 rules and regulations not inconsistent with any other term of this Agreement; The 3 introduction of new equipment; The right to hire, lay-off, transfer and promote; To 4 discipline and discharge employees for cause; To determine work schedules and assign 5 work; To determine job qualifications; To take whatever action may be necessary to carry 6 out its mission. Provided that nothing in this Article shall nullify: (1) Any provisions 7 elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the 8 Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any 9 such right or privilege that is provided within Idaho Code shall be subject to the 10 grievance procedure. 11 The terms hereof are intended to cover only minimums in wages, hours, working 12 conditions, benefits, and other terms and conditions of employment. The City may place 13 superior wages, hours, working conditions, benefits and other terms and conditions of 14 employment in effect and may reduce the same to the minimums herein prescribed. 15 This Article shall not preclude the Union and the City from meeting during the 16 period of the contract to either (1) discuss procedures for avoiding grievances and other 17 problems, or (2) generally improving relations between the parties. 18 19 ARTICLE 5 -UNION DUES, FEES and ASSESSMENT CHECK OFF 20 The CITY agrees to deduct authorized union dues, fees and assessments in 21 amounts specified by the authorized officer of the UNION, from the pay of the UNION 22 employees upon written authorization. The CITY further agrees to transmit those 23 amounts monthly to the UNION. The UNION agrees to certify to the CITY the amount 24 of authorized dues, fees and assessments. The CITY will show deductions of dues, fees 25 and assessments on the employee's monthly check stubs. 26 27 ARTICLE 6 -UNION BUSINESS 28 Firefighters elected to UNION office shall be granted time off to attend functions, 29 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 30 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the 31 Union's Contract Negotiation Committee shall be allowed time off either as leave 32 without pay or vacation time at the employee's discretion, for all meetings with the CITY COLLECTIVE LABOR AGREEMENT -Page 3 of 14 1 for contract negotiations, for union conventions and for union seminars mutually set by 2 the CITY and the UNION. 3 4 ARTICLE 7 -REDUCTIONS IN FORCE 5 Reductions in force shall be established by a resolution of the City Council. If a 6 reduction in force is directed then it shall be done based upon seniority within each 7 section Twenty-Four (24) or Forty (40) hour that is to be reduced. 8 Seniority in the Meridian Fire Department is established at the time of hiring and 9 is determined by date of hire, if the same then by cumulative test scores, and if still tied 10 then by a coin toss. 11 No new employees, in either twenty-four (24) or forty (40) hour per week 12 positions as covered by this Agreement will be hired until the released members have 13 been given the opportunity to return to work. When positions become available then 14 released personnel shall be re-hired in the inverse order they were released. 15 16 ARTICLE 8 -RULES and REGULATIONS 17 The rules and regulations and policies of the DEPARTMENT relating in any way 18 to wages, hours and/or conditions of employment shall be made a part of this Agreement. 19 The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be 20 subject to change by mutual consent. 21 22 ARTICLE 9 -INSURANCE 23 During the term of this Agreement, the CITY shall pay 100% of the employee 24 premiums for health, worker's compensation, dental, life, and short & long-term 25 disability insurance. The CITY shall pay the same premium and provide identical 26 coverage to the UNION for health insurance that is given to other city employees. The 27 coverage shall be comparable to the current coverage in policies, in existence as of the 28 effective date of this agreement. The CITY will pay 80% of the same premium for the 29 family health and dental in the same manner that it pays for other city employees. This 30 provision will be reviewed on an annual basis after quotes for insurance are received to 31 determine what adjustments may be needed to employee contributions to the plan. The 32 CITY further agrees to cover increases in premiums for employees up to 3% not to COLLECTIVE LABOR AGREEMENT -Page 4 of 24 1 exceed $15.00 per month or $180 per year. However, adjustments in coverage may be 2 necessary if premiums quoted are above that amount. Any adjustments will not exceed 3 adjustments made to other city employees. The CITY reserves the right to make changes 4 in carriers, premiums and provisions of these programs when deemed necessary or 5 advisable. The City of Meridian agrees to establish an insurance review committee that 6 will review the employee's insurance coverage on an annual basis and make 7 recommendations to the City Council. The UNION will be given a position for a 8 representative on the committee with the understanding that this member does not have 9 bargaining power for the UNION. 10 11 9.1 Survivor's Health Insurance or Survivor's Benefit 12 In addition to other benefits that are available for a firefighter who dies in the line 13 of duty, including but not limited to the Federal Firefighter Death Relief Act, Social 14 Security, State Worker's Compensation, or the Public Employees Retirement System, the 15 CITY agrees to pay the following benefits: 16 1) Cash value of 50% of the accumulated sick leave remaining to the survivor of the 17 firefighter; either to the spouse, or dependant children at the survivor's choice in the 18 following manner: 19 a. Paid in one lump sum to the party or their designated trustee or representative; 20 or 21 b. Applied towards continuing health insurance coverage for the survivor, if the 22 family had been insured with the City at the time of death. After the exhaustion 23 of the value of the 50% accumulated sick leave benefit, the party may continue 24 with COBRA coverage as allowed by law, at their own expense. 25 The choice must be made in writing by the survivor or the appropriate trustee or 26 representative for the survivor. If for any reason no election is not made within ten (10) 27 days of the City's request for an election to be made then the lump sum payment shall be 28 made. 29 2) A CITY provided life insurance policy, at no cost to the firefighter, for both 30 $50,000 term life and $50,000 accidental death benefit. 31 32 ~OLLELTIVE LABOR AGREEMENT -Page 5 of 24 1 9.2 -Post Employment Health Program 2 When a firefighter retires from active duty, by qualifying under the rules existing 3 under the Public Employee Retirement System (PERSI); by points, age, medical 4 disability, or by any method in existence at the time of retirement allowed by PERSI, the 5 CITY agrees to apply the cash value equivalent of twenty-five percent (25%) of the 6 accumulated sick leave remaining for that firefighter in their personal accrual account 7 with the CITY, towards continuing health insurance coverage for that retiree. After the 8 exhaustion of the value of the twenty-five (25%) accumulated sick leave benefit, the 9 retiree may continue under COBRA coverage as required by law, at their own expense. 10 The CITY will make all reasonable efforts during the term of this agreement to 11 create a citywide post employment health benefit for all employees that may be 12 considered by the UNION. In the event a program is created and approved by the CITY 13 the UNION will have the option to re-open this agreement and substitute the citywide 14 program in lieu of this Program in 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 19 Medical Expense Plan for Retirees (WSCFFMERP). The City shall require that all 20 employees of the fire department that are covered by the terms of this Collective 21 Bargaining Agreement shall be required to be a member of WSCFFMERP by City policy 22 whether they are a member of the UNION or not. 23 At no cost to the CITY, the CITY agrees to deduct the specified amount 24 authorized by the firefighters and transmit those amounts to WSCFFMERP monthly. 25 The UNION will be required to submit plan documents to the CITY with all the 26 necessary information to allow the CITY to accomplish the payroll deduction. The 27 amounts will be reflected in the individual UNION members monthly pay stubs. 28 The deductions by the CITY have to align with the beginning of the City's pay 29 periods and payrolling system. 30 fOLLECTIVE LABOR AGREEMENT -Page 6 of 24 1 ARTICLE 10 -SICK LEAVE 2 Any twenty-four (24) hour shift member of the UNION incurring anon-duty 3 sickness or disability which renders them unable to perform their duties shall receive sick 4 leave with full pay within his/her accumulated sick leave time. All twenty-four (24) hour 5 shift members shall accrue fourteen (14) hours per month. The maximum time 6 accumulated shall be 2920 hours. 7 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours 8 per month with a maximum accumulation of 720 hours. The accumulated sick leave 9 shall carry over from one contract to the succeeding contract. 10 Any UNION member that transfers from atwenty-four (24) _hour shift position 11 to a forty (40) hour per week position or vice versa shall have their accumulated leave 12 adjusted by the following conversion factor. 13 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply 14 accumulated leave by .736. 15 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply 16 accumulated leave by 1.36. 17 Any UNION member whose employment with the CITY is discontinued shall be 18 paid, at their regular wage rate, for 10% of their accrued sick leave at the date of 19 separation. If an employee is involuntarily terminated by the CITY, excluding workforce 20 reduction, no pay will be given. 21 Any UNION member unable to perform their duties for more that three (3) 22 consecutive shifts for twenty-four shift members and five (5) consecutive days for forty 23 hour per week members due to non-duty sickness or disability shall be required to 24 provide medical documentation from their attending physician that states that the 25 employee is unable to perform their regular duties or any limitations that may exist and 26 the expected length of time before the employee can return to full duty. Any employee 27 may be required to provide a physician certificate prior to the use of three (3) consecutive 28 work shifts for twenty-four shift members and five (5) consecutive days for forty hour per 29 week members to ensure compliance with the provisions of the Family Medical Leave 30 Act (FMLA). An employee on medical, injury or incidental leave will not accrue any 31 sick leave benefits for leave that exceed six (6) or more consecutive work shifts for fOLLECfIVE LABOR AGREEMENT -Page 1 of 24 1 twenty-four hour shift members or ten (10) consecutive days for forty hour per week 2 members. 3 4 10.1- Donating of vacation leave and receiving paid time off for catastrophic illness 5 or injuries (FMLA Qualifying) of Firefighters or Family members 6 UNION members that suffer a catastrophic illness or injury to themselves or an 7 immediate family member shall be eligible to receive leave time from another member of 8 the UNION to cover any loss of income for the member's absence from their regularly 9 scheduled duty assignment. 10 The illness and/or injury as well as the qualifying individual must all comply with 11 the requirements of the Family Medical Leave Act and the City Policy to be able to 12 receive this paid time off. 13 UNION members may donate all of their accrued vacation per calendar year. The 14 donating employee's hour will be converted to the receiving employees' rate of pay. The 15 receiving UNION member cannot receive more than 180 days of donated time per 16 calendar year. 17 Human Resources, Finance, and the UNION will create a procedure to request the 18 paid time and assure that all requirements of FMLA are followed. The City currently 19 provides Short Term and Long Term disability benefits to employees. The paid time off 20 that is necessary for an employee to maintain their pay during this period shall be 21 coordinated with that benefit so that the employee does not receive an excess of their 22 regular pay. All IRS regulations must be followed by any participant in this program. 23 24 ARTICLE 11-INJURY LEAVE 25 When a firefighter is incapacitated on the job the firefighter shall be entitled to 26 injury leave with full monthly pay without reduction which includes the wage scale in 27 APPENDIX A, during the time period in which the firefighter is unable to perform their 28 duties or until such time as the firefighter is accepted for retirement by the current 29 retirement system. The period of injury leave is limited to a maximum of twelve (12) 30 months and any Worker's Compensation benefits received by the member for total or 31 partial temporary disability during the employee's injury leave with full pay shall be 32 turned over to the CITY. All employees on injury leave shall be subject to an COLLECTIVE LABOR AGREEMENT -Page 8 of 24 1 examination by a Doctor acceptable to the CITY. The CITY may require recertification 2 by a physician every thirty (30) days. 3 Whenever a firefighter is unable to perform their full duties as a result of a "line 4 of duty" injury or illness, the firefighter may be required to report to work in a light duty 5 status if management determines that light duty work exists or is available at that time. 6 Management has the right to determine if light duty exists. The CITY has the right to 7 reassess the light duty position every thirty (30) days. g The DEPARTMENT reserves the right to re-assign work schedules as necessary 9 when assigning light duty. This right shall include, but not be limited to changing days of 10 work, hours of work, and type of work to be performed. If light duty extends beyond the 11 current month (begins in one month and extends into another), the firefighter will only 12 accumulate leave benefits at same accrual rate of a general city "forty (40) hour per 13 week" employee until light duty ends. When the firefighter returns to regular duty 14 assignment the normal leave benefits will begin to accrue immediately. If the return to 15 duty occurs within the month then the CITY will pro-rate their accrual of leave within 16 that month between a general employee rate and the firefighter rate. 17 Assigned light duty shall be strictly limited to instructions, restrictions, or 18 limitations provided by the sick or injured employee's medical doctor regarding their 19 physical or mental status. The firefighter must provide a Doctor's release to the Fire 20 Chief or designee stating what limitations or functions the firefighter is able to perform 21 and for how long (hours per day or per shift, days or shifts per month, etc.) 22 Assigned light duty shall in no way endanger, aggravate or prolong the full 23 physical and/or mental recovery of the sick/injured employee. 24 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 25 benefit accrual as previously agreed to or provided for by this agreement or by past 26 practice of the management except for the exceptions as provided within this Article. 27 28 ARTICLE 12 -VACATION-EMERGENCY-INCIDENTAL & HOLIDAY 29 LEAVE 30 31 12.1 Vacation Leave COLLECTIVE LABOR AGREEMENT -Page 9 of 24 1 accrue as each holiday occurs. All twenty-four (24) shift employees shall have the 2 holiday leave added to their vacation leave. All employees shall be entitled to ten (10) 3 holidays per calendar year as listed below: 4 NEW YEAR'S DAY LABOR DAY 5 CIVIL RIGHTS DAY COLUMBUS DAY 6 PRESIDENT'S DAY VETERAN'S DAY 7 MEMORIAL DAY THANKSGIVING DAY 8 INDEPENDENCE DAY CHRISTMAS DAY 9 All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, 10 but shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week 11 employees shall receive all the remaining holidays as listed above. If the designated 12 holiday falls on a weekend then the member shall take the City designated day as the 13 holiday. 14 15 ARTICLE 13 -RELIEF PERSONNEL 16 The DEPARTMENT will provide qualified relief personnel with full-time 17 employees, if possible. Sufficient relief personnel shall be used to maintain normal 18 coverage of each shift period of vacation, holidays, sick leave, and fire related education. 19 Relief personnel may include current department personnel working out of classification 20 in a higher ranked position, pursuant to this Agreement. Relief personnel can also be 21 part-time paid personnel who have been certified as qualified through the training 22 program established by the DEPARTMENT. Part-time paid personnel can only serve as 23 relief in a Firefighter position, but not as Captain or Driver. 24 25 ARTICLE 14 -VACANCIES 26 Any unfilled position caused by termination, retirement, promotion or otherwise, 27 except for personnel reduction as provided elsewhere in this Agreement, shall be filled 28 from a hiring list of eligible applicants on file for that position. If there is no existing list 29 then entry level positions will be filled within one hundred and eighty (180) days of the 30 opening. 31 Promotions and vacancies for the position of Driver, Captain and any other 32 positions added to the ranks of the DEPARTMENT which pertain to shift personnel shall 33 be filled from the current ranks of full-time personnel of the Meridian Fire Department. COLLECTIVE LABOR AGREEMENT -Page 12 of 24 1 After the test is given and if appropriate training has been provided for the position tested 2 and there are no successful candidates a second test will be given and if there are still no 3 successful candidates for these positions, management has the right to hire outside of the 4 Meridian Fire Department to fill the open position(s). All promotional examinations 5 shall be given within 90 days and after completion of the test be filled within sixty (60) 6 days as long as there are available candidates to promote. 7 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 8 fide occupational requirements within the meaning of this Article. 9 10 ARTICLE 15 -PROMOTIONS 11 Eligibility tests for promotion and newly created positions shall be based on 12 examinations given. To be considered for promotion the employee must have served one 13 continuous year in the previous position. All promotional lists will become effective 14 June 1St of the year that they are given and will expire on May 31St of the year that the 15 subsequent test is given. 16 Examinations will be given once every two (2) years for Drivers; and will be 17 given in May of each year. For the positions of Captain of Suppression, the examination 18 will be given every two (2) years in May. For the position of Captain Fire Inspector no 19 scheduled test will be held during the term of this agreement unless it is to fill a vacancy. 20 The testing for Drivers will be in even numbered years and for Officers in odd numbered 21 years, or as needed 22 A notice of impending promotional exam with a designated bibliography and 23 defined scoring criteria for the positions being tested shall be provided to all personnel 24 for a minimum of ninety (90) days prior to the test date. The bibliography and defined 25 scoring criteria may be available more than ninety (90) days prior to the testing, but the 26 notice of testing must allow for a minimum of ninety (90) days between the notice and 27 the test. Notice shall be provided by a department wide email to all members of the 28 department and by the posting of notices in each Fire Station and the Administrative 29 office of the Fire Department. 30 In the event of an opening/vacancy for a position in which there are no qualified 31 candidates on the current promotion/eligibility list of that position, a special test may be 32 given, by mutual consent of both parties, to fill the vacancy/opening. COLLECTIVE LABOR AGREEMENT -Page 13 of 14 1 All examinations shall be impartial and shall relate to those matters which will 2 test fairly the candidate's ability to discharge the duties of the position to be filled. 3 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 4 fide occupational requirements within the meaning of this Article. The DEPARTMENT 5 shall be the sole judge of skills, qualifications and ability. Seniority for promotions will 6 be one (1) point per year of service up to the maximum often (10) points. Promotional 7 examinations shall consist of a written test and assessment center. A minimum of 70% 8 will be required to pass each portion of the promotional examination. Seniority points 9 will be added after successfully passing the examination. The following formula will be 10 used to determine the candidate's final score on promotional examinations. 11 12 Example: 13 + 14 /2= 15 + 16 17 18 ARTICL] 81.0% Written Examination 75.0% Assessment Center = 78.0% 8.0 Seniority Points (8 year's service) 86.0 Final Score E 16 -GRIEVANCE PROCEDURE 19 Disputes or differences arising between the DEPARTMENT and the UNION 20 and/or individual members of the Fire Department as to the meaning or application of any 21 provision of the Agreement or of the Rules and Regulations of the Fire Department (as 22 provided in Article 8), relating in any way to employees' wages, hours and /or conditions 23 of employment, shall be settled in the manner provided herein. For the purpose of this 24 provision, such a dispute or difference shall be referred to as a "Grievance." 25 Step One: Any employee who has a grievance shall notify the Union Grievance 26 Committee in writing within ten (10) business days from the date of the grievance, or ten 27 (10) business days from the time the employee, through reasonable diligence, should 28 have been aware of it. The Union Grievance Committee, hereinafter referred to as 29 UNION, shall within the next then (10) business days determine if the grievance has 30 merit. If in its opinion, the grievance does not have merit, no further action shall be 31 necessary. 32 Step Two: If it is the opinion of the UNION that a valid grievance exists, the 33 UNION shall present the grievance in writing to the Fire Chief within ten (10) business 34 days after their decision. All parties to such discussion will make a good faith effort to fOLLEQIVE LABOR AGREEMENT -Page 14 of 24 1 resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within 2 ten (10) business days from the receipt of the written grievance. 3 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 4 present the grievance in writing to the DEPARTMENT within ten (10) business days 5 from the receipt of the Fire Chief's written reply. All parties to such discussion will 6 make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall 7 give its reply in writing within ten (10) business days. 8 Step Four: If the grievance has not been resolved at the appropriate lower 9 Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer 10 the grievance to an Arbitrator by serving written notice upon the other. 11 The UNION and the DEPARTMENT shall both select an individual to represent 12 their interests in the grievance process. The individuals may not be members of, or 13 employees of either the UNION or the DEPARTMENT. These two individuals shall 14 request Director of the Department of Labor and Industrial Services of the State of Idaho 15 to supply a list of seven (7) proposed arbitrators, none of the seven (7) shall be 16 individuals that have represented either the UNION or the DEPARTMENT. Within five 17 (5) business days after receipt of this list the UNION'S representative and the 18 DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) 19 name at a time from the list until only one (1) name remains. The party striking the first 20 name shall be determined by a coin toss. Both parties shall accept the name remaining on 21 the list as the Lead Arbitrator. 22 The Arbitration Board shall conduct a hearing and shall render a decision in 23 writing, which shall be final and binding on both parties, subject only to the parties' right 24 to seek vacation or modification to the Arbitration Board award pursuant to the 25 provisions of Chapter 9, Title 7 Idaho Code. 26 The Arbitration Board shall have only such jurisdiction and authority to interpret 27 and apply the provisions of the Agreement as shall be necessary to the determination of 28 the arbitration issue. The Arbitration Board shall not have any power to add or subtract 29 from, modify or alter in any way, the provision of this Agreement. The cost of arbitration 30 shall be borne equally by the CITY and UNION. 31 32 COLLECTIVE LABOR AGREEMENT -Page 15 of 24 1 ARTICLE 17 - NO STRIKES - NO LOCKOUT 2 Upon the consummation and during the term of this Agreement, no member of the 3 Fire Department covered by this Agreement shall strike or recognize a picket line of any 4 labor organization while in the performance of his/her official duties, in accordance with 5 Idaho Code Section 44-1811. 6 It is mutually agreed that there shall be no strike authorized by the UNION and no 7 lockout authorized by the CITY, except for the refusal of either party to submit to or 8 abide by the grievance procedure set forth herein. No picket line, at or around the City's 9 property, established by any other person or organization shall be sanctioned or honored 10 during the term of this Agreement. 11 The UNION agrees that as part of the consideration for this Agreement, it will, 12 within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, 13 slow-downs or suspensions of work, instructing their members to work immediately. The 14 UNION agrees that it will not assist employees participating in unauthorized work 15 stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the 16 term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and 17 picketing of the City's premises. 18 19 ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 20 The CITY and the UNION believe that professionalism and pride in the City and 21 the Fire Department are a significant part of a superior fire service. Both the CITY and 22 the UNION believe that the attire of the firefighter and their conformance with 23 professional appearance helps achieve the goals of a superior organization. All uniform 24 and work attire shall be clean and appropriately pressed or maintained. It shall be within 25 the discretion of the Fire Chief or his designee to determine if an article of clothing is no 26 longer serviceable for wear on duty. 27 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 28 1975 minimum requirements for station uniform wear. The brand, style, materials and 29 color of uniforms shall be reviewed annually by the Uniform Committee. The 30 Committee shall be comprised of two (2) UNION members and one (1) member of 31 management designated by the Fire Chief. The Committee may recommend changes, but 32 the final decision shall be at the discretion of the Fire Chief. fOLLEfTIVE LABOR AGREEMENT -Page 16 of 24 1 Under this article the CITY and the UNION have agreed to the specific clothing 2 that is to be purchased for "recruits", "first year", "second year", third year and beyond" 3 firefighters. The City will provide the "recruit" attire, except for a Class B uniform. The 4 Class B will be provided to the recruit, but will be charged against their first year clothing 5 allowance. The City shall provide an allowance of $725.00 annually for first year 6 employees and beyond. The first year and second year purchases shall include the items 7 on the clothing list prior to making any additional purchases confined to the items 8 specified in APPENDIX C. Third year and beyond employees shall be able to purchase 9 station uniform wear that has been agreed to by the CITY and the UNION and are 10 contained in APPENDIX C of this agreement. The reference to years shall be based on 11 fiscal years of the CITY. 12 As long as the items purchased are used and consumed during the normal course 13 of employment, the City will allow the firefighter to maintain the station wear and 14 equipment personally. 15 The CITY will be responsible to acquire the necessary vendors for the specific 16 items on the clothing and equipment list and ordering all the items. The City will make 17 two general offerings for purchasing of uniforms and equipment during a fiscal year. 18 These dates are not fixed and may be flexible based upon hiring and need. The UNION 19 will be responsible to acquire all the necessary ordering information and accounting for 20 the totals attributable to each UNION member's purchases. The UNION will provide the 21 CITY with all that information to account for each UNION members purchases and the 22 City will pay the invoices for these twice a year purchases. Any unspent monies per 23 individual firefighter remaining at the end of the fiscal year will be waived. 24 The CITY agrees to provide the necessary equipment for the Twenty-Four (24) 25 hour per shift Suppression Firefighters to perform their duties. The CITY and the 26 UNION will meet and discuss what tools may be needed for each Suppression 27 Firefighter. For the term of this Agreement the equipment is listed as APPENDIX D. 28 Once issued the member shall be responsible to maintain and keep the issued equipment. 29 All items may be required to be produced as part of an inspection. If equipment is lost or 30 damaged, beyond use, in the course of duty it may be returned, if practical, to the 31 department for replacement. If unable to be returned it can still be replaced. If lost or fOLLECTIVE LABOR AGREEMENT -Page 17 of 24 1 damaged outside of duty use then the firefighter will be required to replace the item at the 2 member's expense. 3 4 ARTICLE 19 -HOURS OF WORK AND DESIGNATED WORK PERIODS 5 19.1 Twenty-Four (24) hour per shift Suppression Firefighters of the Meridian Fire 6 Department 7 The designated work period for all twenty-four (24) hour shift employees covered 8 under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 9 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid 10 at the regular hourly rate and twelve (12) hours paid at the overtime rate if no excluded 11 hours under the Act has been taken. Overtime shall also be paid for time worked off the 12 Firefighter's normally scheduled shift, other than a "shift trade." 13 The regular work schedule for twenty-four (24) hour shift employees shall be 14 three (3) shifts on duty every other day and four (4) days off. A shift shall be twenty-four 15 (24) hours of duty, starting at 0700. For illustrative purposes, the regular work schedule 16 for suppression personnel is listed below with an Xrepresenting an on-duty shift and a Y 17 representing and off-duty shift. 18 XYXYXYYYY 19 20 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire 21 Department 22 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 23 5:00 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) 24 hours per week shall be paid at a rate of time and one-half of the employee's hourly wage 25 to the next % hour for the actual hours worked. When circumstances dictate the Chief 26 reserves the right to flex this schedule to meet the Department's needs. As a courtesy, the 27 affected employee will be given one (1) week's notice of the schedule change, unless the 28 change is unforeseen. In an unforeseen circumstance the Chief has the right to change 29 the schedule to meet the need, but once the circumstance is over, the schedule will be 30 returned to normal. These positions shall have a regular defined on-call schedule and 31 will be compensated pursuant to the City on-call policy. COLLECTIVE LABOR AGREEMENT -Page 18 of 24 1 ARTICLE 20 -BEREAVEMENT LEAVE 2 In the event of a death in the twenty-four (24) hour shift employee's immediate 3 family, they shall be entitled to forty-eight (48) consecutive shift hours off for 4 bereavement leave. Additional leave may be granted from sick leave, accrued vacation 5 leave or unpaid leave of 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 7 family, they shall be entitled to three (3) consecutive workdays off for bereavement leave 8 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave 9 of absence at the 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- 12 laws are defined as a father, mother, or grandparents of current spouse, or sister and 13 brother in-law of the employee. Adopted or "step" relationships will be considered same 14 as any other family 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 18 he/she would normally have while on his/her regular tour of duty. All additional 19 compensation accumulated by a firefighter shall be due and payable in their next pay 20 period. 21 22 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 23 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 24 overtime shall be when a firefighter is requested to return to work for any meetings, 25 training, shifts or any other reason deemed necessary by the department that is scheduled 26 or planned. 27 Firefighters shall receive overtime pay at one and one-half times (1 1 /2) his/her 28 normal rate of pay for all overtime or scheduled overtime worked. 29 30 21.2 Definition of Call Back and Compensation 31 Call Back shall be when a firefighter is requested to return to work by the 32 DEPARTMENT at a time that the firefighter was not scheduled to work. COLLEfTIYE LABOR AGREEMENT -Page 19 of 14 1 The firefighter shall receive a minimum of four (4) hours of pay, from the time 2 they receive the call, for a call back. Additional calls during that initial four (4) hours 3 will not be further compensated. Any time worked after the first four (4) hours will be 4 compensated in one-half (1 /2) hour increments, rounded up. Any firefighter reporting for 5 duty while off-duty shall have all of the benefits that he/she would normally have while 6 on his/her regular tour of duty. All additional compensation accumulated by a firefighter 7 shall be due and payable in their next pay period, unless the compensation is to be paid 8 by a separate public or private entity. If the latter situation exists then the firefighter will 9 be paid at the next pay period after the funds are transferred to the City. The firefighter 10 will be paid by the last pay period within 180 days of the last date of service for the 11 public or private entity whether the City has been reimbursed at that time or not. 12 Overtime pay shall be paid as defined by Article 19 of this agreement. 13 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 14 normal rate of pay for all overtime worked. 15 16 21.3 Definition of Holdover and Compensation 17 Holdover shall be when a firefighter regularly scheduled duty is extended from 18 the end of the shift by the DEPARTMENT. 19 Any time worked as holdover will be compensated in one-half (1/2) hour 20 increments, rounded up to the next half-hour. 21 22 21.4 Definition of Overtime for Training 23 Training that is required by the DEPARTMENT is compensable. The 24 DEPARTMENT retains the right to determine which personnel may attend training 25 26 ARTICLE 22-WORKING OUT OF CLASSIFICATION 27 All employees of the DEPARTMENT covered by this Agreement, who have 28 tested and are qualified as to meeting the eligibility requirements set forth by this 29 Agreement, and are on the current eligibility list for promotion to the higher ranked 30 position, when necessary, must accept, and assume the duties of the higher ranked 31 position when it is available. No more than one person working in a higher ranked COLLECTIVE LABOR AGREEMENT -Page 10 of 24 1 position will be allowed on a company at a time, unless an extreme or emergency 2 situation exists. 3 After the completion of the promotional exams the employee may opt to remain 4 on the eligibility list or may choose to be removed at that time. At any time during the 5 life of the eligibility list the employee may opt, at their sole discretion, to have their name 6 removed. In either circumstance removal from the list will be final and the employee 7 may re-test during the next testing period for promotion to that grade. 8 The right to use personnel will be current full-time department personnel working 9 out of classification in a higher or lower ranked position, as set forth above. If an 10 employee were to work in a lower ranked position they would be paid at their current 11 rate, not the lower wage. Each employee assuming the higher ranked duties shall be paid 12 at the wage scale of the higher position or rank, for the time worked at that position or 13 rank. Any time worked out of classification will be compensated in one-half (1/2) hour 14 increments, rounded up to the next half-hour. 15 Paramedic Drivers are allowed to swing up to Captain and receive the higher 16 wage for the temporary assignment in addition to their regular paramedic pay. 17 18 ARTICLE 23- STAFFING 19 The DEPARTMENT maintains the right to assignment and staffing of stations, 20 engines, and companies. At a designated date annually all Twenty Four (24) hour per 21 shift Suppression Firefighters will be eligible to bid on a station assignment if a position 22 on the same shift is vacant. Change in assignment may be based on the following 23 criteria; vacancy, seniority, stations available, and re-assignment, but is not limited to 24 only these specified. The method of declaxing a vacancy, applicability of seniority, 25 station bidding, and re-assignment shall be determined by Department policy. The 26 Station Bid policy shall be negotiated between the UNION and the DEPARTMENT as 27 mutually determined to be needed. The DEPARTMENT retains the final authority for all 28 staffing and shift assignments. 29 Minimum Staffing at each station will be either three (3) or four (4) personnel 30 dependent on the assigned apparatus to the station. Personnel assigned to a station may 31 be used to cross-staff various types of apparatus. Brush trucks, water tenders and reserve COLLEQIVE LABOR AGREEMENT -Page 11 of 24 1 All twenty-four (24) hour shift employees shall accrue paid vacation leave on 2 monthly basis according the following schedule: 3 A. Zero to four (0-4) years of service 16 hours per month 4 B. Five to nine (5-9) years of service 18 hours per month 5 C. Ten to fourteen (10-14) years of service 20 hours per month 6 D. Fifteen to nineteen (15-19) years of service 22 hours per month 7 E. Twenty (20) and over years of service 24 hours per month 8 9 Maximum hours accrued shall be 720 hours. Any amount over the maximum will 10 be lost. 11 All forty (40) hour per week employees shall accrue paid vacation leave on 12 monthly basis according the following schedule: 13 A. Zero to four (0-4) years of service 10 hours per month 14 B. Five to nine (5-9) years of service 12 hours per month 15 C. Ten to fourteen (10-14) years of service 14 hours per month 16 D. Fifteen to nineteen (15-19) years of service 16 hours per month 17 E. Twenty (20) and over years of service 18 hours per month 18 19 Maximum hours accrued shall be 250 hours. Any amount over the maximum will 20 be lost. 21 Any UNION member that transfers from a 24 hour shift position to a 40 hour per 22 week position or vice versa shall have their accumulated leave adjusted by the following 23 conversion factor. 24 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply 25 accumulated leave by .736. 26 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply 27 accumulated leave by 1.36. 28 Any firefighter, whose employment with the DEPARTMENT is discontinued, for 29 any reason, shall be paid at their wage rate, at time of separation, for all accrued and 30 accumulated vacation. 31 Vacation usage shall be governed by departmental policy, but no more than three 32 (3) firefighters shall be allowed to use vacation or incidental leave per shift unless 33 directed by a change in the departmental policy. 34 35 COLLEQIYE LABOR AGREEMENT -Page 10 of 24 1 12.2 Emergency Leave 2 In the event of an emergency, a firefighter shall be granted leave for a minimum 3 of four (4) hours and until the emergency no longer exists and the firefighter can return 4 and perform their job as required. The firefighter's station captain shall have the 5 authority to grant the immediate leave and will coordinate with the Chief or the 6 designated Station Captain, to acquire a replacement firefighter pursuant to this 7 Agreement and Departmental policy. g An "Emergency" for the purposes of this clause shall be a matter that could not 9 have been anticipated or known prior to the beginning of the firefighter's shift and should 10 in the discretion of the station captain be a matter of concern of great bodily harm to the 11 firefighter or their immediate family; a matter of great property loss or damage to the 12 firefighter and should only be granted in the most extraordinary of circumstances. 13 When practical the Fire Chief will be notified of the granting of Emergency 14 Leave, and if applicable, the possible length of said leave. 15 16 12.3 Incidental Leave 17 Incidental leave is defined as time off not previously scheduled during the 18 vacation schedule process pursuant to departmental policy. Incidental leave usage shall 19 be governed by departmental policy, but no more than three (3) firefighters shall be 20 allowed to use incidental or vacation leave per shift unless directed by a change in the 21 departmental policy. 22 Incidental leave shall be granted at the discretion of the Fire Chief or the 23 designated Station Captain. 24 Incidental leave may be granted at any time, up to and including the day 25 requested, as long as no more than three firefighters have been granted vacation or 26 incidental leave on the requested day. Incidental leave will be granted for a minimum 27 four (4) hours. 28 29 12.4 Holiday Leave 30 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 31 holidays listed below and any additional days recognized by the State of Idaho. All 32 holiday time shall be in addition to the employee's accumulated vacation leave, and shall COLLECTIVE LABOR AGREEMENT -Page II of 24 1 apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the 2 following: 3 Engine Companies 4 1 Captain 5 1 Driver 6 1 Firefighter 7 8 Brush Truck Companies 9 1 Captain 10 1 Firefighter 11 12 Water Tender Companies 13 1 Driver 14 1 Firefighter 15 16 Truck Companies shall consist of: 17 1 Captain 18 1 Driver 19 2 Firefighters 20 21 Any additional firefighters on staff above the minimum as listed above will be used to 22 increase the staffing of the engines/truck or staff extra apparatus. 23 Whenever circumstances exist that causes an apparatus to fall below that 24 minimum, management reserves the right to re-assign personnel (including select 25 qualified command officers at the Chief's discretion), exercise "call-back", exercise 26 "holdover", exercise "working out of classification", or in extreme emergency 27 circumstances, take an apparatus out of service temporarily until appropriate personnel 28 are available. Stations or Apparatus will only be taken out of service long enough to 29 return the necessary personnel to staff them. 30 As of the effective date of this contract, the Meridian Fire Department operates 31 five (5) Engine Companies and cross-staffs one (1) Truck Company. As future stations 32 are opened, they will be staffed by additional Engine and/or Truck Companies, as 33 decided by the CITY, using this same staffing configuration above unless mutually 34 agreed to a change by the UNION and the CITY. 35 36 Advanced Life Support (ALS) Engine or Truck Companies 37 An Advanced Life Support (ALS) Engine or Truck company shall consist of a 38 minimum of one (1) licensed paramedic in the State of Idaho. The licensed paramedic COLLECTIVE LABOR AGREEMENT -Page 22 of 14 1 shall be the person primarily responsible on that Engine or Truck company apparatus to 2 provide ALS response. The Company Officer, or Captain, may be a paramedic, but is not 3 charged with the primary responsibility of ALS support and therefore an additional 4 licensed paramedic must be on the apparatus for it to be considered as an ALS response. 5 6 ARTICLE 24 -SALARIES 7 Wages for all UNION members shall be as fixed and set forth in APPENDIX A, 8 attached hereto. 9 10 ARTICLE 25 -ALCOHOL & DRUG POLICY 11 The DEPARTMENT and its UNION members agree to abide by the City of 12 Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of 13 this contract is included in this agreement as APPENDIX B. It is agreed that changes 14 made to this policy, shall not apply to the UNION without written consent of its 15 members. 16 17 ARTICLE 26 -HEALTH AND WELLNESS 18 CITY shall provide mandatory physicals, as the department budget allows. The 19 budget shall not be reduced from the current line item in the FY2011 budget and the 20 Chief shall attempt to increase the amount in future budgets to allow each UNION 21 member a physical every two years. The process of choosing members receiving 22 physicals shall be random and the method of selection shall mutually agreed upon by the 23 CITY and the UNION. No member shall have a mandatory second physical until all the 24 UNION members have been given their first physical. 25 The physicals shall be done through a physician that both CITY and the UNION 26 agree upon. The only medical information that the CITY shall receive from the physician 27 is a proof of attendance. All other documentation and personal medical information shall 28 be directed to the member receiving the physical and no medical information shall be 29 shared with the CITY by the physician without the individual member's consent. 30 31 32 COLLECTIVE LABOR AGREEMENT -Page 23 of 24 1 ARTICLE 27 -SAVINGS CLAUSE 2 If any provisions of this Agreement or the application of such provision should be 3 rendered or declared invalid by any court having jurisdiction, or by reason of any existing 4 or subsequently enacted legislation, the remaining parts or portions of this Agreement 5 shall remain in full force and effect. 6 7 ARTICLE 28 -EFFECTIVE DATE 8 The Collective Labor Agreement shall become effective October 1, 2010 and 9 remain in full force and effect through September 30, 2012. 10 Additionally, this agreement may be re-opened at any time for negotiations on 11 any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, 12 Title 44, Idaho Code. This may include items contemplated within this agreement that 13 may require amendment or change during the course of this Agreement. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DATED AND SIGNED this ~~day of t~.E~~S a , 2010. CITY OF MERIDIAN By: ~~~- T y Weerd Ma o IAFF LOCAL #4627, MERIDIAN CHAPTER By: r unfree Press ent APPROVED BY CITY COUNCIL this ,~N day of ~ , 2010 ATTEST: By: Jayceb t,. Holman City Clerk 8 .o ~' ~, ~ ~ FO = L ~~' '`~'~' O ``, '9p vST ts~ • ~ ~~ ~Q. ``~. 9 ~OLLE[TIVE IABOR AGREEMENT -Page 24 of 24 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. As of October 1, 2009 Firefighter III is a certification level of the Meridian Fire Department, pursuant to the standards established by the Department and in addition to achieving that certification must also serve for one (1) continuous year before being eligible for promotion pursuant to Article 15 of this Agreement. Firefighters that possess an existing Firefighter III certification from the State of Idaho are also eligible for this promotion and in addition must also serve in this position for one (1) continuous year before being eligible for promotion pursuant to Article 15 of this Agreement. The Department shall do everything within its ability to provide all classes within a reasonable cycle, but cannot guarantee that all classes necessary for promotion to Firefighter III within a specific time period 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 10/1/2010 (+3%) 10/1/2011(+3%) Introductory/Probationary $ 15.19 hourly $ 44,354.80 annually* $ 16.41 hourly $ 47,917.20 annually* $ 19.26 hourly $ 56,239.20 annually* $ 21.24 hourly $ 62,020.80 annually* $ 15.65 hourly $ 45,698.00 annually* $ 16.90 hourly $ 49,348.00 annually* $ 19.84 hourly $ 57,932.80 annually* $ 21.88 hourly $ 63,889.60 annually* Firefighter I Firefighter II Firefighter III Driver $ 22.92 hourly $ 23.61 hourly $ 66,926.40 annually* $ 68,941.20 annually* APPENDIX A Captain of Suppression $ 25.51 hourly $ 26.28 hourly $ 74,489.20 annually* $ 76,737.60 annually* Captain Fire Inspector/ $ 35.81 hourly $ 36.89 hourly Captain Training $ 74,484.80 annually* $ 76,731.20 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: Associate's Degree: $.11 cents per hour Bachelor's Degree: $.22 cents per hour EMT Advanced: $.22 cents per hour Master's Degree: $.33 cents per hour Paramedic License: (Captain Only) $.33 cents per hour The educational degree shall be from an accredited institution of higher learning. The EMT Advanced or Paramedic License shall be from the State of Idaho. The additional hourly amount shall be added the firefighter's base rate of pay. Paramedic Pay: All employee's that are Licensed Paramedics by the State of Idaho shall receive the following amount in addition to the salaries listed above: $1.65 per hour This amount shall only be available from Introductory/Probationary level up to and including Driver. Captains and above shall not receive Paramedic pay, but may receive Education Incentive pay. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as paramedics shall be required to maintain their license as a continuing job requirement until they reach the Captain position. Standards for Meridian Fire Department Certification of Firefighter III shall include all current requirements for Firefighter II including the following additional training: A) Completion of 16 hour ICS 300 course that meets or exceeds standards set by Department of Homeland Security B) Completion of 24 hours Instructional Methodology that Meets or exceeds standards set by NFPA 1021(2007) for Fire Service Instructor 1 C) Completion of 32 Hours Building Construction for the Fire Service Education that Meets or exceeds Standards set by Idaho EST or the National Fire Academy APPENDIX A D) Completion of an additiona124 Hours Technical Rescue Elective Training that Meets or Exceeds Standards set by NFPA 1670 (2009) Courses to be approved by Fire Chief or his Designee Acceptable areas of training shall include but not be limited to the following: 1) Structural Collapse 2) Rope Rescue 3) Confined Space Search and Rescue 4) Vehicle and Machinery Search and Rescue 5) Water Search and Rescue 6) Wilderness Search and Rescue 7) Trench Evacuation Search and Rescue E) Completion of 60 Hours of Additional Firefighter Health and Safety Training Courses to be approved by Fire Chief or his Designee Acceptable areas of training shall include but not be limited to the following: 1) Rapid Intervention Team Training 2) Flashover Survival Training 3) Wildland Urban Interface Training 4) Firefighter Health and Wellness Programs 5) Infection Control for Emergency Response 6) Emergency Incident Rehab 7) Firefighter accountability and location 8) Risk Management 9) Fireground communications 10) Other Emerging Health and Safety Issues, affecting emergency Responders F) Completion of the Following National Fire Academy Courses Resident, Off Site, or Online Delivery (All are available via online delivery)* 1) Fire Service Supervision (Q318) 2) Awareness of Command and Control Decision making at Multiple Alarm Incidents (Q297) 3) National Fire Incident Reporting System (NFIRS) 5.0 (Q494) Requirement 1, 2, and 3 can also be met by completion of Fire Officer 1 Per NFPA 1021 (2009) 4) Community Safety Educators (Q118) 5) Testing and Evaluation of Water Supplies for Fire Protection (Q218) Requirement 4 and 5 can also be met by completion of Fire and Life Safety Educator 1 Per NFPA 1035 (2010) * All decisions as to whether a class meets the required objectives and hours for the classes listed above will be made by the Chief. APPENDIX A APPENDIX B SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing 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 job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcoholldrug 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 job 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 possession of alcohol and controlled substances. The City of Meridian is APPENDIX B committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal 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 job 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 job 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. 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 may be 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 job. 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 subject 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 up to and including termination. 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 including 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 andlor 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. IV. 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/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 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 and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during anon-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: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using 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 An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 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 may be required. C. POST- ACCIDENT TESTING 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 in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; APPENDIX B 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 test is 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 subject 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 adrug-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 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. APPENDIX B VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. 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. B. 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 or his/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. C. Testing and Confirmation 1. The cut-off levels for al l Non-Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml APPENDIX B 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 (GC/MS) 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 or his/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 or his/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 subject 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 may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. 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. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Dnzg 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 Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug: 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. Le ag_ 1 drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. 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 Recruit First Year Firefighter Second Year Firefighter MFD T-Shirts - 5 MFD Workout shorts - 3 MFD Sweat Pants - 2 MFD Baseball Cap - 1 Class BShirt - 1 Work Pants -1 Third Year Firefighter and Beyond Member discretion, but must have appropriate uniform for duty at all times including optional equipment Class BShirt - 1 Polo Shirts - 3 Work Pants - 2 MFD Baseball Cap - 1 "Job Shirt" Pullover -1 MFD T-Shirts - 3 MFD Workout Shorts - 2 Work Boots - 1 Badge - 2 Name Plate - 2 Collar Brass - 2 Belt - 1 Class A Complete Uniform -1 set Member discretion, but must have appropriate uniform for duty at all times Optional Equipment Winter Coat -1 Leather Suspenders - 1 Leather Duty Helmet - 1 Brand -Paul Conway Model # LFH41208 AMERITAGE Collar Brass & Insignia APPENDIX ~ APPENDIX D Issued Firefighting Equipment Flashlight Streamlight Survivor LED AC Fast Charge Turnout Alternation for flashlights Thunder Mountain Tent/Canvas Wire/Cable cutters Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter Webbing - 25' Locking Carabineer Small Vise Grips Leatherman Wave TFT: Res-Q-Rench Folding Spanner Multi Tool Rescue Knife Gerber: Hinderer Firefighter Rescue Knife, Serrated Blade Eye Protection Goggles/Goggle covers Safety Glasses clear or tinted Hand Protection Work Gloves Rope Gloves Available Firefighting Equipment Ear Plugs Knee Pads Door Chocks APPENDIX D