2007 Meridian Firefighters Collective Labor Agreement
COLLECTIVE LABOR AGREEMENT
between
CITY OF MERIDIAN
and
MERIDIAN FIREFIGHTERS
I.A.F.F. LOCAL 2311
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Effective
October 1, 2007 - September 30, 2010
TABLE OF CONTENTS
AGREEMENT PREAMBLE .. ...... ... ..... .... .... ... .... ... ..... ... .... ........ .... .... ~.... .... ............. .... .... ......... .......... ..1
ARTICLE 1 - RECOGNITION . ........ ... .......... ... ..... .... ... .... ~ ~....... ... .... ...... .... ... ... ... .... ... ... ... ... .... .... ~
ARTICLE 2 - DISCRIMINATION ....... ...... ......... ..... ...oooo. .... ... .... ........... ... .... ....... ... ... ............ ....1
ARTICLE 3 - PREY A.ILING RIGHTS ... .... ... ... ... ....... ... ...... .... ... .... ..... ... ... ........ ...... ...... ... ...2
ARTICLE 4 - MANAGEMENT RIGHTS ..........................................................................2
ARTICLE 5 "- UNION DUES, FEES and ASSESSMENT CHECK OFF ............................3
ARTICLE 6 - UNION BUSINESS ...... ... ... ... ... ... .... ... ... .... ... ...... ... ... ... ... ... ...... ... .... .... ...... ....3
ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING ..........u.................3
ARTICLE 8 - RULES AND REGULATIONS ...................................................................4
ARTICLE 9 - INSURANCE. ... ..... ... ... ..... .......... ....................... ... ....................... ............ ...4
ARTICLE 10 - SICK LEAVE ...... ............. ..... .... ........... ........................ ... ...... ... ...... ....... .....6
ARTICLE 11 - IN'JUR Y LEAVE oo....... .... ........... ...................... ......... ....... ... .... ... ...... ....... .....7
ARTICLE 12 - V ACATION-EMERGENCY-INCIDENTIAL & HOLIDAY LEAVE ...8
ARTICLE 13 - RELIEF PERSONNEL ...... ........................ ...................................................1 ]
ART I CLE 14 - V A C AN C illS . . . . . . . . . . . . . . . ~ . . . .. ~.. ~ .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. 1 ]
ARTICLE 15 - PROMOTIONS ................. ................................................. ... ... ... ... ........ ...11
ARTICLE 16 - GRIEVANCE PROCEDURE ......... ........ ...~................. ~................. .......... ..12
ARTICLE 17 - NO STRIKES - NO LOCKOUT ~~..............................................................14
ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING
EQUI:PMENT ALLOWANCE ...................... ... ............~....................... .15
ARTICLE 19 --- HOURS OF WORK AND DESIGNATED WORK HOURS ................]6
ARTICLE 20 - BEREAVEMENT LEAVE .... ...... ....... .............. ........ ............................... .l7
ARTICLE 21 - ADDITIONAL DUTY AND COlMPENSATION .....................................17
ARTICLE 22 - WORKING OUT OF CLASSIFICATION ..................................................18
ARTICLE 23 - S T AFFIN G ..................................................... ._.. . . .. . . .. . .. .. .. .. . . . .. . ... . .. .. . .. ... ... .... .19
AR TI CLE 24 - S ALARIE S .................................................................................................... 2 0
ARTICLE 25 - ALCOHOL & DRUG POLICY .................................................................20
ARTICLE 26 - SAVINGS CLAUSE .... ... .......... ~.. .......... ... ... ...... ... ..... ... ... ... ... ... ... ... ... ... ... .20
ARTICLE 27 - EFFECTIVE DATE . ... ...... ... ... .......... ... ... ... ......... ..... ... ...... ... ... ... ... ... ....... .20
APPENDIX "A" - WAGE SCHEDULE
APPENDIX "B" - DRUG & ALCOHOL POLICY
APPENDIX "C" - UNIFORM AND EQUIPMENT LIST
1 AGREEMENT PREAMBLE
2 The City of Meridian, hereinafter referred to as the CITY, and the Local #23] 1
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, hereinafter
5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire
6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its
7 employees, and to promote the morale, rights, and well-being of the members of the Fire
8 Department, hereby agree as follows:
9
10 ARTICLE 1 - RECOGNITION
11 Pursuant to Title 44, Chapter 18, Section 1, Sub~section 1 (44-1801(1)) of the Idaho Code
12 the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as defined:-
13 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 Suppression Firefighters of the Meridian Fire Department.
17 These employees currently work shifts defined by Article 19.1.. The positions
18 incorporated by this Agreement are for Introductory/Probationary, Firefighter I, II, III, Driver,
19 and Captain of Suppression.
20 1.2 Fire Inspector of the Meridian Fire Department"
21 This employee works a shift as defined in Article 19,,2. The position incorporated by this
22 Agreement is Captain Fire Inspector..
23
24 ARTICLE 2 - DISCRIMINATION
25 There shall be no discrimination against, intimidation, or harassment of any employee by
26 either the CITY, DEPARTMENT, or UNION or any member acting on behalf of the UNION,
27 because of the employee's membership or non-membership in the UNION or by virtue of his /her
28 holding office or not holding office in the UNION..
29 The CITY and the UNION agree that neither shall discriminate against any employee or
30 prospective employee with respect to hislher compensation, terms, conditions, or privileges of
31 employment because of such employee's race, color, religion, sex, national origin, age, or other
32 factors which do not constitute a bona fide occupational requirements.. It shall be the exclusive
COLLECTIVE LABOR AGREEMENT - Page 1 of 21
1 responsibility of the DEPARTMENT to determine bona fide occupational requirements within
2 the meaning of this Article.
3
4 ARTICLE 3 - PREVAILING RIGHTS
5 All rights, privileges and benefits held by the firefighters at this time which are not
6 included in this contract shall remain in force, unchanged and unaffected in any manner unless
7 agreed to and memorialized in writing by both parties to the Agreement, provided that the
8 Management of the Department may change or cancel any such right, privilege or benefit 1)
9 temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the
10 best interest of the City or the Department, provided further that any change, cancellation or
11 alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the
12 purposes of harassment, or in a manner resulting in disparate treatment, and must be with just . ".
13 cause by Management" Any change shall be subject to the Grievance Procedure. Nothing in tbis
14 Article is intended to supersede the City's obligation to negotiate pursuant to the provisions of
15 Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this
16 Agreement.
17
18 ARTICLE 4 - MANAGEMENT RIGHTS
19 The DEPARTMENT shall have the exclusive right to exercise the regular and customary
20 functions of management, subject to the provisions of this Agreement and consistent with
21 applicable law and regulations, including, but not limited to: Determining the DEPARTMENT'S
22 financial, budgetary, accounting and organizational policies and procedures; Directing the
23 activities and operations of the DEPARTMENT; Determining the levels of service and methods
24 of operations; To create and oversee personnel policies, rules and regulations not inconsistent
25 with any other term of this Agreement; The introduction of new equipment; The right to hire,
26 lay-off: transfer and promote; To discipline and discharge employees for cause; To determine
27 work schedules and assign work; To determine job qualifications; To take whatever action may
28 be necessary to carry out its mission. Provided that nothing in this Article shall nullify: (1) Any
29 provisions elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with
30 the Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any such
31 right or privilege that is provided within Idaho Code shall be subject to the grievance procedure.
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COLLECTIVE LABOR AGREEMENT - Page 2 of 21
1 The terms hereof are intended to cover only minimums in wages, hours, working
2 conditions, benefits, and other terms and conditions of employment. The City may place superior
3 wages, holU"S, working conditions, benefits and other terms and conditions of employment in
4 effect and may reduce the same to the minimums herein prescribed.
5 This Article shall not preclude the Union and the City from meeting during the period of
6 the contract to either (1) discuss procedures for avoiding grievances and other problems, or (2)
7 generally improving relations between the parties.
8
9 ARTICLE 5 - UNION DUES, FEES and ASSESSlMENT CHECK OFF
10 The CITY agrees to deduct authorized union dues, fees and assessments in amounts
11 specified by the authorized officer of the UNION, from the pay of the UNION employees upon
12 written authorization. The CITY further agrees to transmit those amounts monthly to the
13 UNION" The UNION agrees to certify to the CITY the amount of authorized dues, fees and
14 assessments. The CITY will show deductions of dues, fees and assessments on the employee's
15 monthly check stubs"
16
17 ARTICLE 6 - UNION BUSINESS
18 Firefighters elected to UNION office shall be granted time off to attend functions,
19 conventions and seminars within the State of Idaho, provided that the Fire Chief is given
20 seventy-two (72) hours notice and approves such leave" Up to three (3) members of the Union's
21 Contract Negotiation Committee shall be allowed time off either as leave without payor
22 vacation time at the employee's discretion, for all meetings with the CITY for contract
23 negotiations, for union conventions and for union seminars mutually set by the CITY and the
24 UNION.
25
26 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING
27 In case of personnel reduction, the member with the least seniority shall be released first.
28 No new employees will be hired until the furloughed members have been given the opportunity
29 to return to work.
30 If at any point a restructuring causes a decrease in an employee's rank as justified due to
31 Fire Department adjustments, that person will assume the next available opening in that rank.
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COLLECTIVE LABOR AGREEMENT - Page 3 of 21
1 Seniority being considered: skills, qualifications and abilities are the determining factors.
2 The DEPARTMENT shall be the sole judge of skills, qualifications and abilities..
3
4 ARTICLE 8 - RULES and REGULATIONS
5 The rules and regulations and policies of the DEPARTMENT relating in any way to
6 wages, hours and/or conditions of employment shall be made a part of this Agreement. The
7 rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to
8 change by mutual consent.
9
10 ARTICLE 9 - INSURANCE
11 During the term of this Agreement, the CITY shall pay 100% of the employee premiums
12 for health, worker's compensation~ dental, life, and short & long-term disability insurance. The-
13 CITY shall pay the same premium and provide identical coverage to the UNION for health
14 insurance that is given to other city employees. The coverage shall be comparable to the current
15 coverage in policies, in existence as of the effective date of this agreement. The CITY will pay
16 80010 of the same premium for the family ~ea1th and dental in the same manner that it pays for
1 7 other city employees" This provision will be reviewed on an annual basis after quotes for
18 insurance are received to determine what adjustments may be needed to employee contributions
19 to the plan. The CITY further agrees to cover increases in premiums for employees up to 8,,5%
20 not to exceed $15.00 per month or $180 per year. However, adjustments in coverage may be
21 necessary if premiums quoted are above that amount. Any adjustments will not exceed
22 adjustments made to other city employees. The CITY reserves the right to make changes in
23 carriers, premiums and provisions of these programs when deemed necessary or advisable. The
24 City of Meridian agrees to establish an insurance review committee that will review the
25 employee's insurance coverage on an annual basis and make recommendations to the City
26 Council. The UNION will be given a position for a representative on the committee with the
27 Wlderstanding that this member does not have bargaining power for the UNION.
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29 9.1 Survivor's Health Insurance or Survivor's Benefit
30 In addition to other benefits that are available for a firefighter who dies in the line of
31 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State
COLLECTIVE LABOR AGREEMENT - Page 4 of 21
1 Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay
2 the following benefits:
3 , 1) Cash value of 50% of the accumulated sick leave remaining to the survivor of the .
4 firefighter; either to the spouse, or dependant children at the survivor's choice in the following
5 manner:
6 a. Paid in one lump sum to the party or their designated trustee or representative; or
7 b. Applied towards continuing health insurance coverage for the survivor, if the family
8 had been insured with the City at the time of death. After the exhaustion of the value
9 of the 50% accumulated sick leave benefit, the party may continue with COBRA
10 coverage as allowed by law, at their own expense..
11 The choice must be made in writing by the survivor or the appropriate trustee or representative
12 for the survivor. If for any reason no election is not made within ten (10) days of the City's
13 request for an election to be made then the lump sum payment shall be made.
14 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 term
15 life and $50,000 accidental death benefit"
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9.2 - Post Employment Health Program
When a firefighter retires from active duty, by qualifying under the rules existing under
the Public Employee Retirement System (pERSI); by points, age, medical disability, or by any
method in existence at the time of retirement allowed by PERSI, the CITY agrees to apply the
cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining for
that firefighter in their personal accrual account with the CITY, towards continuing health
insurance coverage for that retiree. After the exhaustion of the value of the twenty-five percent
(25%) accumulated sick leave benefit, the retiree may continue under COBRA coverage as
required by law, at their own expense"
The CITY will make all reasonable efforts during the term of this agreement to create a
citywide post employment health benefit for all employees that may be considered by the
UNION. In the event a program is created and approved by the CITY the UNION will have the
option to re-open this agreement and substitute the citywide program in lieu of this Program in
Article 9..2 without penalty"
COLLECTIVE LABOR AGREEMENT - Page 5 of 21
1 9.3 Voluntary Health Insurance (MERPS) and Fees
2 There shall be established a Firefighter Only Retirement Health Plan between the
3 \ UNION and a vendor of their choosing. The program of choice is Medical Expense
4 Reimbursement Plan for Retirees (MERPS).
5 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by
6 the firefighters and transmit those amounts to MERPS monthly. The UNION will be required to
7 submit plan documents to the CITY with all the necessary information to allow the CITY to
8 accomplish the payroll deduction. The amounts will be reflected in the individual UNION
9 members montWy pay stubs.
10 The UNION acknowledges that the program requires 100% participation and the UNION
11 will notify the CITY when that threshold is achieved and the CITY can begin the payroll
12 deduction. No deductions are required until the threshold is reached and the UNION notifies the
13 CITY. The UNION agrees that if the deduction does not begin at the commencement of this
14 Agreement then they will provide written notice to the CITY when to begin the deductions" The
15 deductions by the CITY have to align with the beginning of the CITY's pay periods and
16 payrolling system"
17
18 ARTICLE lO-SICKLEAVE
19 Any twenty-four (24) hour shift member of the UNION incurring a non-duty sickness or
20 disability which renders them unable to perform their duties shall receive sick leave with full pay
21 within his/her accumulated sick leave time. All twenty-four (24) hour shift members shall
22 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours.
23 Any forty (40) hour per week member of the UN! ON shall accrue eight (8) hours per
24 month with a maximum accumulation of 720 hours.. The accumulated sick leave shall carry over
25 from one contract to the succeeding contract.
26 Any UNION m.ember that transfers from a twenty-four (24) hour shift position to a forty
27 (40) haurper week position or vice versa shall have their accumulated leave adjusted by the
28 following conversion factor.
29 · Twenty- four (24) hour shift transfer to forty (40) hour per week shift - Multiply
30 accumulated leave by .736.
31 . Forty (40) hour per week shift transfer to twenty-four (24) hour shift - Multiply
32 accumulated leave by 1.36.
COLLECTIVE LABOR AGREEMENT - Page 6 of 21
1
2 Any UNION member whose employment with the CITY is discontinued shall be paid, at
3 \ their regular wage rate, for 1 0% of their accrued sick leave at the date of separation" If an.
4 employee is involuntarily terminated by the CITY, excluding workforce reduction, no pay will
5 be given.
6 Any UNION member unable to perform their duties for more that three (3) consecutive
7 shifts for twenty-four hour shift members and five (5) consecutive days for forty hour per week
8 members due to non-duty sickness or disability shall be required to provide medical
9 documentation from their attending physician that states that the employee is unable to perform
10 their regular duties or any limitations that may exist and the expected length of time before the
11 employee can return to full duty~ Any employee may be required to provide a physician
12 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members and
13 five (5) consecutive days for forty hour per week members to ensure compliance with the
14 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or
15 incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more
16 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for
1 7 forty hour per week members .
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ARTICLE 11 - INJURY LEAVE
When a firefighter is incapacitated on the job the firefighter shall be entitled to injury
leave with full monthly pay without reduction which includes the wage scale in APPENDIX A,
during the time period in which the firefighter is unable to perform their duties or until such time
as the firefighter is accepted for retirement by the current retirement system. The period'-of
injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation
benefits received by the member for total or partial temporary disability during the employee's
injury leave with full pay shall be turned over to the CITY. All employees on injury leave shall
be subject to an examination by a Doctor acceptable to the CITY.
Whenever a firefighter is unable to perform their full duties as a result of a "line of duty"
injury or illness, the firefighter may be required to report to work in a light duty status if
management determines that light duty work exists or is available at that time. Management has
the right to determine if light duty exists.
COLLECTIVE LABOR AGREEMENT -- Page 7 of 21
1 The DEPARTMENT reserves the right to re-assign work schedules as necessary when
2 assigning light duty. This right shall include, but not be limited to changing days of work, hours
3 of work, and type of work to be performed. If light duty extends beyond the current mO,nth
4 (begins in one month and extends into another), the firefighter will only accumulate leave
5 benefits at same accrual rate of a general city "forty (40) hour per week" employee until light
6 duty ends.. "When the firefighter returns to regular duty assignment the normal leave benefits will
7 begin to accrue immediately.. If the return to duty occurs within the month then the CITY will
8 pro-rate their accrual of leave within that month between a general employee rate and the
9 firefighter rate..
10 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations
11 provided by the sick or injured employee's medical doctor regarding their physical or mental
12 status. The firefighter must provide a Doctor's release to the Fire Chief or designee stating what
13 limitations or functions the firefighter is able to perform and for how long (hours per day or per
]4 shift, days or shifts per month, etc.)
15 Assigned light duty shall in no way endanger, aggravate or prolong the full physical
16 and/or mental recovery of the sick/injured employee.
17 Light duty shall in no way affect the existing vacation, holiday, sick leave or other
18 benefit accrual as previously agreed to or provided for by this agreement or by past practice of
] 9 the management except for the exceptions as provided within this Article.
20
21 ARTICLE 12 - VACATION - EMERGENCY - INCIDENTAL AND HOLIDAY LEAVE
22 12.1 Vacation Leave
23 All twenty-four (24) hour shift employees covered by the terms of this Agreement shall
24 accrue paid vacation leave on a monthly basis according the following schedule:
25 A. Zero to four (0-4) years of service 16 hours per month
26 B. Five to nine (5-9) years of service 18 hours per month
27 C. Ten to fourteen (10-14) years of service 20 hours per month
28 D. Fifteen to nineteen (15-19) years of service 22 hours per month
29 E. Twenty (20) and over years of service 24 hours per month
30
31 Maximum hours accrued shall be 720 hours. Any amount over the maximum will be
32 lost.
COLLECTIVE LABOR AGREEMENT - Page 8 of 21
] All forty (40) hour per week employees shall accrue paid vacation leave on monthly basis
2 according the following schedule:
3 A. Zero to four (0-4) years of service 10 hours per month
4 B. Five to nine (5-9) years of service 12 hours per month
5 C. Ten to fourteen (10-14) years of service 14 hours per month
6 D. Fifteen to nineteen (15-19) years of service 16 hours per month
7 E. Twenty (20) and over years of service 18 hours per month
8 Maximwn hours accrued shall be 250 hours. Any amount over the maximum will be
9 lost
1 0 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week
11 position or vice versa shall have their accumulated leave adjusted by the following conversion
12 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 }"36,,
17 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any
18 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated
19 vacation.
20 Vacation usage shall be governed by departmental policy, but no more than three (3)
21 firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a
22 change in the departmental policy.
23
24 12.2 Emergency Leave
25 h1 the event of an emergency, a firefighter shall be granted leave for a minimum of four
26 (4) hours and until the emergency no longer exists and the firefighter can retwn and perform
27 their job as required. The firefighter's station captain shall have the authority to grant the
28 immediate leave and will coordinate with the Chief or the designated Station Captain, to acquire
29 a replacement frrefighter pursuant to this Agreement and Departmental policy.
30 An "Emergency' for the purposes of this clause shall be a matter that could not have
31 been anticipated or known prior to the beginning of the firefighter's shift and should in the
32 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or
COLLECTIVE LABOR AGREEMENT - Page 9 of 21
1 their immediate family; a matter of great property loss or damage to the firefighter and should
2 only be granted in the most extraordinary of circumstances.
3 When practical the Fire Chief will be notified of the granting of Emergency Leave, and if
4 applicable, the possible length of said leave.
S
6 12.3 Incidental Leave
7 Incidental1eave is defined as time off not previously scheduled during the vacation
8 schedule process pursuant to departmental policy. Incidental leave usage shall be governed by
9 departmental policy, but no more than three (3) firefighters shall be allowed to use incidental or
10 vacation leave per shift unless directed by a change in the departmental policy.
11 Incidental leave shall be granted at the discretion of the Fire Chief the designated Station
12 Captain.
13 Incidental leave may be granted at any time, up to and including the day requested, as
14 long as no more than three firefighters have been granted vacation or incidenta1leave on the
15 requested day. Incidental leave will be granted for a minimum four (4) hours.
16
17 12.4 Holiday Leave
18 All firefighters shall accrue and receive eight (8) hours paid leave for each of the
19 holidays listed below and any additional days recognized by the State of Idaho.. All holiday time
20 shall be in addition to the employee's accumulated vacation leave, and shall accrue as each
21 holiday occurs"
22 All twenty-four (24) hour shift employees shall have the holiday leave added to their
23 vacation leave. All twenty-four (24) hour shift employees shall be entitled to ten (10) holidays
24 per calendar year as listed below:
2S NEW YEAR'S DAY LABOR DAY
26 CIVIL RIGHTS DAY COLUMBUS DA Y
27 PRESIDENT'S DAY VETERAN'S DAY
28 MEMORIAL DAY THANKSGIVING DAY
29 INDEPENDENCE DAY CHRISTMAS DAY
30
31 All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday,
32 but shall receive the Day After Thanksgiving as a holiday. The forty (40) hour per week
33 employees shall receive all the remaining holidays as listed above. If the designated holiday
34 falls on a weekend then the member shall take the City designated day as the holiday.
COLLECTIVE LABOR AGREEMENT - Page 10 of 21
1
2 ARTICLE 13 - RELIEF PERSONNEL
3 The DEPARTMENT will provide qualified relief personnel with full-time employees,
4 Monday through Friday, if possible. On-call personnel will be used first choice on weekends, if
5 possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift
6 period of vacation, holidays, sick leave, and fire related education. Reliefpersonnel may include
7 current department personnel working out of classification in a higher ranked position, pursuant
8 to this Agreement. Relief personnel can also be part-time paid personnel who have been
9 certified as qualified through the training program established by the DEPARTMENT. Part-time
10 paid personnel can only serve as relief in a Firefighter position, but not as Captain or Driver.
11
12 ARTICLE 14- VACANCIES
13 Any unfilled position caused by termination, retirement, promotion or otherwise, except
14 for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list
15 of eligible applicants on file for that position. Promotions and vacancies for the position of
16 Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain
17 to shift personnel shall be filled from the current ranks of full-time persormel of the Meridian
18 Fire Department After the test is given and if appropriate training has been provided for the
19 position tested and there are no successful candidates a second test will be given and if there are
20 still no successful candidates for these positions, management has the right to hire outside of the
21 Meridian Fire Department to fill the open position(s). All promotional examinations shall be
22 given and vacancies filled within 90 days.
23 It shall be the exclusive responsibility of the DEPARTMENT to detennine bona fide
24 occupational requirements within the meaning of this Article.
25
26 ARTICLE 15 - PROMOTIONS
27 Eligibility tests for promotion and newly created positions shall be based on
28 examinations given" To be considered for promotion the employee must have served one
29 continuous year in the previous position. All promotional lists will become effective June 1 st of
30 the year that they are given and will expire on May 31st of the year that the subsequent test is
31 given.
COLLECTIVE LABOR AGREEMENT -- Page 11 of 21
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Examinations will be given once every two (2) years for Drivers; and will be given in the
spring of each year. F or the positions of Captain of Suppression, the examination will be given
every two (2) years in the spring" For the position of Captain Fire Inspector no scheduled test
will be held during the term of this agreement unless it is to fill a vacancy. In the next contract
negotiation the parties may re-visit the possibility of setting a regular testing schedule. The
testing for Drivers will be in even numbered years and for Officers in odd numbered years, or as
needed
A designated bibliography and defined scoring criteria for the positions being tested shall
be given to the eligible candidates a minimum of ninety (90) days prior to the test date.
In the event of an opening/vacancy for a position in which there are no qualified
candidates on the current promotion/eligibility list of that position, a special test may be given,
by mutual consent of both parties, to fill the vacancy/opening.
All examinations shall be impartial and shall relate to those matters which will test fairly
the candidate's ability to discharge the duties of the position to be filled.
It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide
occupational requirements within the meaning of this Article. The DEPARTMENT shall be the
sole judge of skills, qualifications and ability" Seniority for promotions will be one-half (1/2)
point per year of service up to the maximum of five (5) points. Promotional examinations shall
consist ofa written test and assessment center. A minimum of70% will be required to pass each
portion of the promotional examination. Seniority points will be added after successfully
passing the examination.. The following formula will be used to determine the candidate's final
score on promotional examinations.
Example:
+
81.0% Written Examination
75.0% Assessment Center
78,,0%
4.0 Seniority Points (8 year's service)
82.0 Final Score
/2=
+
ARTICLE 16-GRIEVANCEPROCEDURE
Disputes or differences arising between the DEPARTMENT and the UNION and/or
individual members of the Fire Department as to the meaning or application of any provision of
COLLECTIVE LABOR AGREEMENT - Page 12 of 21
1 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article 8),
2 relating in any way to employees' wages, hours and lor conditions of employment, shall be
3 settled in the manner provided herein" For the purpose of this provision, such a dispute or
4 difference shall be referred to as a "Grievance,,"
5 Step One: Any employee who has a grievance shall notify the Union Grievance
6 Committee in writing within ten (10) business days from the date of the grievance, or ten (10)
7 business days from the time the employee, through reasonable diligence, should have been aware
8 of it" The Union Grievance Committee, hereinafter referred to as UNION, shall within the next
9 ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does
10 not have merit, no further action shall be necessary"
11 Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION
12 shall present the grievance in writing to the Fire Chiefwithin ten (10) business days after their
13 decision" All parties to such discussion will make a good faith effort to resolve the grievance.
14 The Fire Chief thereafter shall give his/her reply in writing within ten (10) business days from
15 the receipt of the written grievance.
16 Step Three: If the grievance has not been resolved in Step Two, the UNION shall
17 present the grievance in writing to the DEPARTMENT within ten (10) business days from the
18 receipt of the Fire Chiefs written reply" All parties to such discussion will make a good faith
19 effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing
20 within ten (10) business days"
21 Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either
22 the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an
23 Arbitrator by serving written notice upon the other.
24 The UNION and the DEPARTMENT shall both select an individual to represent their
25 interests in the grievance process.. The individuals may not be members of, or employees of
26 either the UNION or the DEPARTMENT. These two individuals shall request Director of the
27 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7)
28 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the
29 UNION or the DEPARTMENT. Within five (5) business days after receipt oftbis list the
30 UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by
31 alternately striking one (1) name at a time from the list Wltil only one (1) name remains. The
COLLECTIVE LABOR AGREEMENT - Page 13 of 21
1 party striking the first name shall be determined by a coin toss.. Both parties shall accept the
2 name remaining on the list as the Lead Arbitrator.
3 The Arbitration Board shall conduct a hearing and shall render a decision in writing,
4 which shall be final and binding on both parties, subject only to the parties' right to seek
5 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9,
6 Title 7 Idaho Code"
7 The Arbitration Board shall have only such jurisdiction and authority to interpret and
8 apply the provisions of the Agreement as shall be necessary to the determination of the
9 arbitration issue. The Arbitration Board shall not have any power to add or subtract from,
10 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be
I 1 borne equally by the CITY and UNION
12
13 ARTICLE 17 - NO STRIKES - NO LOCKOUT
14 Upon the consummation and during the term of this Agreement, no member of the Fire
15 Department covered by this Agreement shall strike or recognize a picket line of any labor
16 organization while in the performance of his /her official duties, in accordance with Idaho Code
17 Section 44-1811.
18 It is mutually agreed that there shall be no strike authorized by the UNION and no
19 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by the
20 grievance procedure set forth herein. No picket line, at or around the City's property, established
21 by any other person or organization shall be sanctioned or honored during the term of this
22 Agreement.
23 The UNION agrees that as part of the consideration for this Agreement, it will, within
24 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs
25 or suspensions of work, instructing their members to work immediately. The UNION agrees that
26 it will not assist employees participating in unauthorized work stoppages, strikes, slow-downs or
27 suspensions of work. For purposes of this section, the term "strike" shall include a cessation or
28 stoppage of work, slow-down, sit-in and picketing of the City's premises.
29
30
31
32
COLLECTIVE LABOR AGREEMENT - Page 14 of 21
1 ARTICLE 18 - UNIFORMS AND PERSONAL FIREFIGHTING EQUIPMENT
2 ALLOWANCE
3 The CITY and the UNION believe that professionalism and pride in the City and the Fire
4 Department are a significant part of a superior fire service.. Both the CITY and the UNION
5 believe that the attire of the firefighter and their conformance with professional appearance helps
6 achieve the goals of a superior organization" All uniform and work attire shall be clean and
7 appropriately pressed or maintained. It shall be within the discretion of either the Company
8 officer or the Fire Chief to determine if an article of clothing is no longer serviceable for wear on
9 duty.
10 All employee uniforms shall meet National Fire Protection Association (N "F.P "A.) ] 975
11 minimum requirements for station uniform wear. The brand, style, materials and color of
12 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be
13 comprised of two (2) UNION members and one (1) member of management designated by the
14 Fire Chief. The Committee may recommend changes, but the final decision shall be at the
15 discretion of the Fire Chief.
] 6 Under this article the CITY and the UNION have agreed to the specific clothing that is to
17 be purchased for "recruits", "first year", "second yearn, third year and beyond" firefighters.. The
18 City will provide the "recruit" attire" The City shall provide an allowance of $725.00 annually
19 for first year employees and beyond. The first year and second year purchases shall be confined
20 to the items specified in Appendix "e". Third year and beyond employees shall be able to
21 purchase station uniform wear or personal firefighting equipment for on-duty use ( i.e.
22 flashlights, fire fighting tools or equipment, etc" ) that have been agreed to by the CITY and the
23 UNION and are contained in APPENDIX "e" of this agreement. The reference to years shall be
24 based on fiscal years of the CITY.. No additional purchases beyond the items contained on the
25 list will be paid for or reimbursed for, ifpurchased.
26 As long as the items purchased are used and consumed during the normal course of
27 employment, the City will allow the firefighter to maintain the station wear and equipment
28 personally.
29 The CITY will be responsible to acquire the necessary vendors for the specific items on
30 the clothing and equipment list and ordering all the items. The City will make two general
31 offerings for purchasing of uniforms and equipment during a fiscal year. These dates are not
32 fixed and may be flexible based upon hiring and need. The UNION will be responsible to
COLLECTIVE lABOR AGREEMENT - Page 15 of 21
1 acquire all the necessary ordering information and accounting for the totals attributable to each
2 UNION member's purchases. The UNION will provide the CITY with all that information to
3 account for each UNION members purchases and the City will pay the invoices for these twice a
4 year purchases" Any unspent monies per individual firefighter remaining at the end of the fiscal
5 year will be waived..
6
7 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS
8 19.1 Suppression Personnel (fwenty-four (24) hour shift employees)
9 The designated work period for all twenty-four (24) hour shift employees covered under
10 this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the
11 Pair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate
12 and twelve (12) hours paid at the overtime rate if no excluded hours under the Act has been
13 taken~ Overtime shall also be paid for time worked off the Firefighter's normally scheduled ,
14 shift, other than a "shift trade."
15 The regular work schedule for twenty-four (24) hour shift employees shall be three (3)
16 shifts on duty every other day and four (4) days off~ A shift shall be twenty-four (24) hours of
17 duty, starting at 0700. For illustrative purposes, the regular work schedule for suppression
18 personnel is listed below with an X representing an on-duty shift and a Y representing and off-
19 duty shift.
20 Xyxyxyyyy
21
22 19.2 Fire Inspector Personnel (Forty (40) hour per week employees)
23 The regular work week shall be scheduled Monday through Friday, 8:00 a"m. to 5:00
24 p~m. with a one (1) hour lunch break included. Any time worked over forty (40) hours per week
25 shall be paid at a rate of time and one-half of the employee's hourly wage to the next Y2 hour for
26 the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this
27 schedule to meet the Department's needs. As a courtesy, the affected employee will be given
28 one (1) week's notice of the schedule change, unless the change is unforeseen" In an unforeseen
29 circumstance the Chiefhas the right to change the schedule to meet the need, but once the
30 circumstance is over, the schedule will be returned to normal.
31
32
COLLECTIVE LABOR AGREEMENT - Page 16 of 21
1 ARTICLE20-BEREAVEMENTLEAVE
2 In the event of a death in the twenty-four (24) hour shift employee's immediate family,
3 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave.
4 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of
5 absence at the discretion of the Chief or designee..
6 In the event of a death in the forty (40) hour per week employee's immediate family, they
7 shall be entitled to three (3) consecutive workdays off for bereavement leave Additional leave
8 may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the
9 discretion of the Chief or designee~
10 For purposes of this article, irrrmediate family shall be defmed as current spouse,
11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws.
12 are defined as a father, mother, or grandparents of current spouse~ or sister and brother in-law of
13 the employee. Adopted or "step" relationships will be considered same as any other family
14 relationship"
15
16 ARTICLE 21- ADDITIONAL DUTY AND COMPENSATION
17 Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she
18 would normally have while on his/her regular tour of duty. All additional compensation
19 accumulated by a firefighter shall be due and payable in their next pay period
20
21 21.1 Definition of Overtime, Scheduled Overtime, and Compensation
22 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled
23 overtime shall be when a firefighter is requested to return to work for any meetings, training,
24 shifts or any other reason deemed necessary by the department that is scheduled or planned.
25 Firefighters shall receive overtime pay at one and one-halftimes (1 1/2) his/her normal
26 rate of pay for all overtime or scheduled overtime worked~
27
28 21.2 Deflnition of Call Back and Compensation
29 Call Back shall be when a firefighter is requested to return to work by the
30 DEP ARTMENT at a time that the firefighter was not scheduled to work"
31 The firefighter shall receive a minimum of four (4) hours of pay, from the time they
32 receive the call, for a call back. Additional calls during that initial four (4) hours will not be
COLLECTIVE LABOR AGREEMENT - Page 17 of 21
1 further compensated. Any time worked after the first four (4) hours will be compensated in one-
2 half (1/2) hour increments, rounded up" Any firefighter reporting for duty while off-duty shall
3 have all of the benefits that he/she would normally have while on his/her regular tour of duty.
4 All additional compensation accumulated by a firefighter shall be due and payable in their next
5 pay period
6 Overtime pay shall be paid as defined by Article 19 of this agreement.
7 Firefighters shall receive overtime pay at one and one-halftimes (1 1/2) hislher normal
8 rate of pay for all overtime worked.
9
10 21.3 Definition of Holdover and Compensation
11 Holdover shall be when a firefighter regularly scheduled duty is extended from the end. of
12 the shift by the DEPARTMENT.
13 Any time worked as holdover will be compensated in one-half (1/2) hour increments,
14 rounded up to the next half-hour.
15
16 ARTICLE 22- WORKING OUT OF CLASSIFICATION
17 All employees of the DEPARTMENT covered by this Agreement, who have tested and
18 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on
19 the current eligibility list for promotion to the higher ranked position, when necessary, must
20 accept, and assume the duties of the higher ranked position when it is available" No more than
21 one person working in a higher ranked position will be allowed on a company at a time, unless
22 an extreme or emergency situation exists.
23 After the completion of the promotional exams the employee may opt to remain on the
24 eligibility list or may choose to be removed at that time. At any time during the life of the
25 eligibility list the employee may opt, at their sole discretion, to have their name removed. In
26 either circumstance removal from the list will be final and the employee may re-test during the
27 next testing period for promotion to that grade.
28 The right to use personnel will be current full-time department personnel working out of
29 classification in a higher or lower ranked position, as set forth above" If an employee were to
30 work in a lower ranked position they would be paid at their current rate, not the lower wage.
31 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher
32 position or rank, for the time worked at that position or rank. Any time worked out of
COLLECTIVE LABOR AGREEMENT - Page 18 of 21
1 classification will be compensated in one-half (1/2) hour increments, rounded up to the next half.
2 hour~
3
4 ARTICLE 23- STAFFING
5 The DEPARTMENT maintains the right to assignment and staffing of stations, engines,
6 and companies. Employees will be able to request station and shift assignments annually on a
7 seniority basis~ The method to request and selection will be established by seniority. The
8 DEP ARTMENT retains the final authority for all staffing and shift assignments.
9 Minimum Staffing at each station will be either three (3) or four (4) personnel dependent
lOon the assigned apparatus to the station. Personnel assigned to a station may be used to cross-
11 staffvarious types of apparatus. Brush trucks, water tenders and reserve apparatus are not
12 required to be staffed on a daily basis. Apparatus standards shall be the following:
13 Engine Companies
14 1 Captain
15 1 Driver
16 1 Firefighter
17
18 Brush Truck Companies
19 1 Captain
20 1 Firefighter
21
22 Water Tender Companies
23 1 Driver
24 1 Firefighter
25
26 The UNION and the CITY acknowledge that the CIlY may be, in the future, purchasing
27 a Ladder Truck/Quint. In this event, a Truck Company shall consist of:
28
29 1 Captain
30 1 Driver
31 2 Firefighters
32
33 Any additional firefighters on staff above the minimum as listed above will be used to
34 increase the staffing of the engines/truck or staff extra apparatus.
35 Whenever circumstances exist that causes an apparatus to fall below that minimum,
36 management reserves the right to re-assign personnel (including select qualified command
37 officers at the Chiefs discretion), exercise "call-back", exercise "holdover", exercise "working
38 out of classification", or in extreme emergency circumstances, take an apparatus out of service
COLLECTJVE LABOR AGREEMENT - Page 19 of 21
1 temporarily until appropriate personnel are available. Stations or Apparatus will only be taken
2 out of service long enough to return the necessary personnel to staff them.
3 As of the effective date of this contract, the Meridian Fire Department operates four (4)
4 Engine Companies. As future stations are opened, they will be staffed by additional Engine
5 and/or Truck Companies, as decided by the CITY, using this same staffing configuration above
6 unless mutually agreed to a change by the UNION and the CITY.
7
8 ARTICLE 24-SALAlUES
9 Wages for all UNION members shall be as fixed and set forth in APPENDIX A, attached
10 hereto.
1]
]2 ARTICLE 25 - ALCOHOL & DRUG POLICY
13 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's
14 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is
15 included in this agreement as APPENDIX B. It is agreed that changes made to this policy, shall
16 not apply to the UNION without written consent of its members"
17
18 ARTICLE 26 - SAVINGS CLAUSE
19 If any provisions of this Agreement or the application of such provision should be
20 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or
21 subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain
22 in full force and effect.
23
24 ARTICLE 27 - EFFECTIVE DATE
25 The Collective Labor Agreement shall become effective October 1, 2007 and remain in
26 full force and effect through September 30, 2010.
27 The parties agree to re-open negotiations in 2009 in the manner described in the Idaho
28 Code for bargaining, currently Idaho Code 44-1804~ for the sole purpose of discussing wages
29 only. No other conditions or Articles of this Agreement may be considered without the mutual
30 consent of both the CITY and the UNION" If a change to wages is agreed upon by the parties it
31 may be incorporated into this agreement as an addendum.
COLLECTIVE LABOR AGREEMENT - Page 20 of 21
1 Additionally, this agreement may be re-opened at any time for negotiations on any
2 mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho
3 Code. This may include items contemplated within this agreement that may require amendment
4 or change during the course of this Agreement.
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DATED AND SIGNED this ~day o;jf%f;{007.
xT~
CITY OF MERIDIAN
IAFF LOCAL #2311,
MERIDIAN CHAPTER
~ l c=
By:
yler Rountree
Vice- President
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William G. Berg, Jr.
City Clerk
COLLECTIVE LABOR AGREEMENT - Page 21 of 21
APPENDIX A
All "Firefighter" levels listed below are State of Idaho Certification levels and must be served in
one (1) continuous year before being eligible for promotion pursuant to Article 15, except for
Probationary Firefighter, who are eligible for promotion to Firefighter I after six months.
Wage Scale - The job classification and wage rates for employees covered by this Agreement
shall be as follows:
Job Titles
EFFECTIVE DATES
10/1/2007 (+40/0)
$13.90 hourly
$3,194,,54 monthly
$38,334..40 annually
Intro ductory/P rob ati onary
Firefighter I
$15.01 hourly
$3,447.52 monthly
$41,370.16 annually
$17.63 hourly
$4,047.94 monthly
$48,575..28 annually
Firefighter II
Firefighter III
$19,,44 hourly
$4,463..24 monthly
$53,558.96 annually
Driver
$20.97 hourly
$4,814,,24 monthly
$57,770.96 annually
$23,,35 hourly
$5,361.38 monthly
$64,336,,48 annually
Captain of Suppression
Captain Fire Inspector
$30..93 hourly
$5,361.38 monthly
$64,336.48 annually
10/1/2008 (+40;(.)
$14,,46 hourly
$3,322.32 monthly
$39,867.78 annually
$15.61 hourly
$3,585.42 monthly
$43,024.97 annually
$18.33 hourly
$4,209.86 montWy
$50,518.29 annually
$20..22 hourly
$4,641.77 monthly
$55,701.32 annually
$2].81 hourly
$5,006.81 monthly
$60,081.80 annually
$24.28 hourly
$5,575.83 monthly
$66,909.94 annually
$32.17 hourly
$5,575,,83 monthly
$66,909.94 annually
Education or Certification Pay: AIl employee's that have furthered their education or
expertise, at their own expense, and have acquired the following degrees that are related to the
fire service, shall be paid the following amounts monthly in addition to the salaries listed above.
Associate's Degree:
Bachelor's Degree:
EMT Advanced:
Master's Degree:
$25.00
$50.00
$50.00
$75.00
The educational degree shall be from a certified or accredited institution of higher learning and
approved by the Chief The EMT Advanced Certification shall be from the State of Idaho.
Paramedic Pay: All employees's that are Certified Paramedics by the State of Idaho shall
receive the following amount monthly in addition to the salaries listed above:
$400.00
This amount shall only be available from Introductory/Probationary level up to and including
Driver. Captains and above shall not receive Paramedic pay. All employees that were hired as
paramedics shall be required to maintain their certification as a continuing job requirement until
they reach the Captain position.
APPENDIX B
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 7.1
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
frrefighters, police reserve officers and all job applicants"
BARGAINING UNIT E:MPLOYEES (FIRE) "
The collective labor agreement shall govern the alcohol/drug program/policy for
Fire deparbnent employees who are represented by the bargaining unit. .
Represented employees should refer to the labor agreement, Appendix B.
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 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 supersede testing,
reporting, and procedures mandated by federal and state rules, regulations or laws
that relate to the maintenance of a workplace free from alcohol and illegal drugs.
The City requires compliance with this policy as a condition of employment for
qualified applicants or for continued employment for all City employees and
volunteers..
AUTHORITY & RESPONSffiILITY: The Human Resources Director shall be charged with
interpreting and administering and interpreting this policy to the extent necessary to
clarify it. Supervisors and department heads are responsible to ensure compliance to this
policy within their areas of responsibility.
PROCEDURES AND RELATED INFORMATION
I. PROHffiITED 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 thereot: 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 ..~s
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 role may result in immediate
termination..
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"
ll. 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 hislher 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.
ill. DISCIPLINE
A. Any employee who possesses, distributes, sells, attempts to sell, or transfeFs
illegal drugs on the City of Meridian's premises or while on City business will be
subject to discipline up to and including termination"
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 and/or drug program the
Employee Assistance Program will notify Human Resources when an employee
has completed the rehabilitation program. Prior to returning back to work an
employee must have a negative test result and after an employee returns to work,
he/she will be subject to unarmounced 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 tennination for the following policy violations:
I.. 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.
B. Self- Referral
1. Rehabilitation assistance in lieu of discharge may be offered:
2.. Any employee, who identifies himlherself to have an alcohol or drug .
problem, provided that the request is made prior to violation of the City's
alcohol and drug policy. Employees who self refer to the Employee
Assistance Program (EAP) will not be subject to disciplinary action for
voluntarily requesting help due to alcohol & drug problems. A request for
rehabilitation may not be made in order to avoid the consequences of a
positive alcohol or drug test result or to avoid taking an alcohol or drug
test when requested to do so under the terms of this policy.
3. To an employee who obtains counseling, evaluation and rehabilitation
treatment reconunended 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 a non...paid leave of
absence approved by the City.
6. Affected employees shall, whenever possible, schedule outpatient
rehabilitation treatment during times that will not conflict with the
employee's work schedule, provided however, employees will be allowed
to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation
treabnent cannot be scheduled other than during their regular work
schedule.
c. Involuntary Referral
\Vhen 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
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
orientation4
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 afms or
her right to refuse to undergo such testing; and will be informed that the
consequence of refusal is termination of the pre-employment process.
3. An applicant will be provided written notice of this policy, and by
signature will be required to acknowledge receipt and understanding of the
policy.
B. REASONABLE BELIEF TESTING
1. An employee will be tested for alcohol and illegal drugs, or the abuse of
prescription medication, when the employee manifests "reasonable belief'
behavior that would endanger their well being, as well as the safety of fellow
employees or the general public. The basis of suspicion of alcohol or drug
abuse may be a specific, contemporaneous event, or conduct-evidencing
impainnent observed over a period of time.
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
1. Any employee involved in a work-related accident will be tested for the use
of alcohol and illegal drugs, as soon as possible after the accident, preferably
within 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 a work-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 fireanns;
b. Have custodial responsibility for illegal drugs;
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 noti.fy
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 notificaqon,
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 a drug-free work force.
E. VOLUNTARYRANDOMTESTING
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.
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 a breath-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 all Non-Dot testing is as follows:
Drug Class
Amphetamine Family
Cocaine
Phencyclidine (PCP)
Marijuana
Opiates
Screening
1000 nglml
300 ng/ml
25 ng/ml
50 nglml
2000 ng/ml
Confirmation
500 ng/ml
150 ng/ml
25 nglml
15 ng/ml
26 nglml
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, 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 (Ge/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-employme.t;lt
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 (1v1RO) 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 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 POSITNE
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 aIcohoVdrug 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.
XIII.. DEFINITIONS
i. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but
not limited to beer, wine and distilled spirits.
11. Applicant: Any individual tentatively selected for employment with the City.
111. 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..
IV. DruS! 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..
v. Drug 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.
VI. 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.
vii. llleeal dru2: 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 ti~le.
Examples of illegal drugs are cannabis substances, such as marijuana and hashis~
cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-
alike drugs or use of a legal drug not prescribed to the employee.
VIII. Legal drug means any prescribed drug or over-the-counter drug that has been
legally obtained and is being used for the purpose for which prescribed or
manufactured..
IX. Medical Review Officer: An independent licensed physician who has knowledge
of substance abuse disorders and the appropriate medical training to interpret and
evaluated all positive test results together with an individual's medical history and
any other biomedical information.
x. 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.
xi.. 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.
Recruit
MFD T-Shirts - 5
MFD Workout
shorts - 3
M FD Sweat Pants
-2
MFD Baseball Cap
- 1
APPENDIX C
First Year Firefighter
Second Year Firefighter
Class B Shirt - 1
Class A Complete Uniform -
1 set
Polo Shirts - 3
Polo Shirts - 2
Work Pants - 3
Work Pants - 2
Winter Coat - 1
"Job Shirt" Pullover -1
MFD T-Shirts - 2
MFD Workout Shorts - 2
Work Boots - 1
Badge - 2
Name Plate - 2
Collar Brass - 2
Belt - 1
MFD Baseball Cap - 1
Optional Equipment
Spanner Wrench - 2
Brand - TFT
Model # RES-Q-RENCH
Leather Suspenders - 1 pr..
Brand - Laughlin Leathers
Model # N1A
Flashlight - 1
Brand - Pelican
Model # Big Ed Series 3750
Rescue Knife - 1
Brand - Leatherman
Model # Wave
Leather Duty Helmet - 1
Brand - Paul Conway
Model - LFH41208
AMHERITAGE
Third Year Firefighter and
Beyond
Polo Shirts - 2
Work Pants -2