2018 Collective Labor Agreement Local 4627 MFDCOLLECTIVE LABOR
AGREEMENT
between
CITY OF MERIDIAN
and
MERIDIAN FIREFIGHTERS
I.A.F.F. LOCAL 4627
L�EIDA 0
IDFZ IAN, --
Effective
IF 411010k v
October 16, 2018 — September 30, 2020
TABLE OF CONTENTS
AGREEMENTPREAMBLE..........................................................................................................
l
ARTICLE1 —RECOGNITION
......................................................................................................1
ARTICLE2 —
DISCRIMINATION................................................................................................1
ARTICLE3 —
PREVAILING RIGHTS..........................................................................................2
ARTICLE 4 —
MANAGEMENT RIGHTS.....................................................................................2
ARTICLE 5 —
UNION DUES, FEES and ASSESSMENT CHECK OFF......................................3
ARTICLE6 —
UNION BUSINESS................................................................................................3
ARTICLE 7 —
REDUCTIONS IN FORCE.....................................................................................4
ARTICLE 8 —
CITY AND DEPARTMENT POLICIES AND PROCEDURES ............................4
ARTICLE9 —
INSURANCE..........................................................................................................5
ARTICLE10
— SICK LEAVE........................................................................................................6
ARTICLE I I
— INJURY LEAVE/WORKERS COMPENSATION LEAVE .........................8
ARTICLE 12
— VACATION—EMERGENCY, WELLNESS & HOLIDAY LEAVE ...................9
ARTICLE13
— RELIEF PERSONNEL........................................................................................13
ARTICLE14
— VACANCIES.......................................................................................................13
ARTICLE15
— PROMOTIONS...................................................................................................14
ARTICLE 16
— GRIEVANCE PROCEDURE..............................................................................16
ARTICLE 17
— NO STRIKES — NO LOCKOUT........................................................................19
ARTICLE 18
— UNIFORM ALLOWANCE AND ISSUED EQUIPMENT................................19
ARTICLE 19
— HOURS OF WORK AND DESIGNATED WORK HOURS .............................20
ARTICLE 20
— BEREAVEMENT LEAVE.................................................................................22
ARTICLE 21
—ADDITIONAL DUTY AND COMPENSATION..............................................22
ARTICLE 22
— SHIFT WORKING OUT OF CLASSIFICATION.............................................23
ARTICLE23
— STAFFING..........................................................................................................24
ARTICLE24
— COMPENSATION..............................................................................................26
ARTICLE 25
— ALCOHOL & DRUG POLICY..........................................................................26
ARTICLE 26
— HEALTH AND WELLNESS..............................................................................26
ARTICLE 27
— REQUEST FOR REDUCTION IN RANK.........................................................27
ARTICLE28
— SAVINGS CLAUSE...........................................................................................28
ARTICLE 29
— EFFECTIVE DATE............................................................................................28
APPENDIX "A" — Compensation Schedule
APPENDIX `B" — Drug and Alcohol Policy
APPENDIX "C" — Issued Equipment
APPENDIX "D" - CITY's Contribution for FYI medical, dental, vision, and post -employment health
I 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, 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 employees of the Fire
8 Department, hereby agree as follows:
9 ARTICLE 1— RECOGNITION
10 Pursuant to Title 44, Chapter 18, Section 1, Sub -section 1 (44-1801(1)) of the Idaho
11 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as
12 defined by said code excluding any clerical support staff.
13 This Agreement shall apply, currently, but not be limited to the following:
14 1.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian Fire
15 Department
16 These employees currently work shifts defined by Article 19.1. The positions
17 incorporated by this Agreement are for Probationary Firefighter, Firefighter (I, II, and Senior
18 Firefighter) Engineer, Captain -Suppression, and Battalion Chief.
19 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department
20 These employees currently work a shift as defined in Article 19.2. The position
21 incorporated by this Agreement are Recruit Firefighter, Captain -Fire Inspector, Captain -
22 Training, and may include Suppression Firefighter personnel that are assigned on a temporary
23 basis for training, administrative assignment, or light duty. Temporarily assigned personnel
24 will not be required to flex their forty (40) hour per week schedule, as defined in Article 19.2,
25 without mutual consent by the individual and the department. Temporarily assigned personnel
26 shall not have their vacation or sick leave converted pursuant to Article 12. 1, but will only
27 accrue vacation and sick leave at the forty (40) hour per week employee rate during the
28 temporary assignment.
29 ARTICLE 2 - DISCRIMINATION
30 There shall be no discrimination against, intimidation, or harassment of any employee
31 by either the CITY, DEPARTMENT, or UNION or any employee acting on behalf of the
Signed Collective Labor Agreement — Page I of 29
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UNION, because of the employee's membership or non -membership in the UNION or by
virtue of his/her holding office or not holding office in the UNION.
The CITY and the UNION agree that neither shall discriminate against or harass any
employee or prospective employee with respect to his/her compensation, terms, conditions, or
privileges of employment because of such employee's race, color, religion, sex, national
origin, age, gender identity, gender expression, sexual orientation, or other factors which do
not constitute a bona fide occupational requirements. It shall be the exclusive responsibility of
the DEPARTMENT to determine bona fide occupational requirements within the meaning of
this Article.
ARTICLE 3 — PREVAILING RIGHTS
All rights, privileges and benefits held by the firefighters at this time which are not included in
this contract shall remain in force, unchanged and unaffected in any manner unless agreed to
and memorialized in writing by both parties to the Agreement, provided that the Management
of the Department may change or cancel any such right, privilege or benefit 1) temporarily to
accommodate an emergency situation; or 2) when shown to be a necessity for the best interest
of the CITY or the DEPARTMENT, provided further that any change, cancellation or
alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for
the purposes of harassment, or in a manner resulting in disparate treatment, and must be with
just cause by Management. Any change shall be subject to the Grievance Procedure. Nothing
in this Article is intended to supersede the CITY's obligation to negotiate pursuant to the
provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of
this Agreement.
ARTICLE 4 — MANAGEMENT RIGHTS
The DEPARTMENT shall have the exclusive right to exercise the regular and
customary functions of management, subject to the provisions of this Agreement and
consistent with applicable law and regulations, including, but not limited to: Determining the
DEPARTMENT'S financial, budgetary, accounting and procurement policies and procedures;
Directing the activities and operations of the DEPARTMENT; Determining the levels of
service and methods of operations; To create and oversee Department policies, Standard
Operating Guidelines (SOG's), and Emergency Operating Guidelines (EOG's) not inconsistent
with any other terms of this Agreement. The introduction of new equipment; The right to hire,
lay-off, transfer and promote; To discipline and discharge employees for cause; To determine
Signed Collective Labor Agreement — Page 2 of 29
I work schedules and assign work; To determine job qualifications and training requirements; To
2 take whatever action may be necessary to carry out its mission. Provided that nothing in this
3 Article shall nullify: (1) Any provisions elsewhere in this agreement, or (2) The CITY's
4 statutory obligation to negotiate with the UNION Pursuant to Chapter 18, Title 44, Idaho Code.
5 Any change or cancellation of any such right or privilege that is provided within Idaho Code
6 shall be subject to the grievance procedure.
7 The terms hereof are intended to cover only minimums in wages, hours, working
8 conditions, benefits, and other terms and conditions of employment. The CITY may place
9 temporary superior wages, hours, working conditions, benefits and other terms and conditions
10 of employment in effect and may reduce the same to the minimums herein prescribed.
11 This Article shall not preclude the UNION and the CITY from meeting during the period of the
12 contract to either (1) discuss procedures for avoiding grievances and other problems, or (2)
13 generally improving relations between the parties.
14 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF
15 The CITY agrees to deduct authorized union dues, fees and assessments in amounts
16 specified by the authorized officer of the UNION, from the pay of the UNION employees upon
17 written authorization. The CITY further agrees to transmit those amounts monthly to the
18 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and
19 assessments. The CITY will show deductions of dues, fees and assessments on the employee's
20 monthly check stubs.
21 ARTICLE 6 — UNION BUSINESS
22 Firefighters elected to UNION office shall be granted time off to attend functions,
23 conventions and seminars within the State of Idaho, provided that the Deputy Chief of
24 Operations, or the Fire Chief in his/her absence is given seventy-two (72) hours' notice and
25 approves such leave and the request does not incur overtime upon the Department. This can be
26 accomplished by the employee utilizing trades with other employees, or utilizing vacation time
27 pursuant to Article 12. UNION shall be allowed to hold meetings within CITY Fire Stations.
28 By mutual consent a meeting may be held at one station as schedule and workload allows. The
29 CITY shall always maintain authority over the use of its stations.
Signed Collective Labor Agreement — Page 3 of 29
I ARTICLE 7 — REDUCTIONS IN FORCE
2 Reductions in force shall be established by a resolution of the City Council. If a
3 reduction in force is directed then it shall be done based upon seniority within each section
4 Twenty -Four (24) or Forty (40) hour that is to be reduced.
5 Seniority in the Meridian Fire Department is established at the time of hiring and is
6 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a
7 coin toss.
8 No new employees, in either twenty-four (24) or forty (40) hour per week positions as
9 covered by this Agreement will be hired until the released employees have been given the
10 opportunity to return to work. When positions become available then released personnel shall
11 be re -hired in the inverse order they were released.
12 ARTICLE 8 — CITY AND DEPARTMENT POLICIES AND PROCEDURES
13 The policies and procedures of the CITY and DEPARTMENT relating in any way to
14 wages, hours and/or conditions of employment pursuant to Chapter 18, Title 44, Idaho Code
15 shall be made a part of this Agreement. When considering the prevailing order of preference
16 of applicable laws and policies the parties shall all be bound by the following hierarchy:
17 1) All laws; Federal, State, and City;
18 2) The Collective Bargaining Agreement between the parties;
19 3) DEPARTMENT policy;
20 4) CITY Policy.
21 It shall be the responsibility of the UNION to notify the CITY, through the Fire Chief,
22 regarding any CITY policy or procedure that in the opinion of the UNION requires bargaining
23 as defined in Chapter 18, Title 44. If the CITY is considering revising an existing or creating
24 a new citywide employment policy or procedure then the following shall occur:
25 1) The CITY will notify the UNION in writing of the change that is being considered to
26 a citywide employment policy or procedure;
27 2) The UNION may provide written comment for consideration prior to the policy or
28 procedure being adopted;
29 3) The CITY may consider and accept or reject the UNION's recommendation;
30 4) The CITY will notify the UNION with the final proposed policy or procedure;
31 5) From the date of the notice the UNION has 30 days to file a written objection with
32 the CITY and request negotiation of this policy or procedure;
Signed Collective Labor Agreement — Page 4 of 29
1 6) The parties may negotiate and any conclusion that is reached shall be memorialized
2 in an MOU with the UNION; or
3 7) If no objection is filed the policy or procedure shall be effective for the UNION.
4 ARTICLE 9 — INSURANCE
5 The CITY shall pay the equivalent cost of medical/dental/vison coverage for employees
6 as it does for all other City employees, along with the benefit of the tobacco waiver option that
7 is currently offered by the CITY. This amount may be applied to medical, dental, vision, or
8 post -employment health benefits by the UNION through their own provider. For 2019 it shall
9 be pursuant to APPENDIX "D" as attached to this Agreement. The rates for 2020 will be set
10 with the FY20 budget and will be amended by reference with a new schedule. The UNION
11 shall be responsible to provide all the necessary information to the City to transmit the
12 payments to their provider(s). Each employee participating in the NWFFT medical plan shall
13 also have a VEBA account established in his or her name. The VEBA will be accessible while
14 actively employed and after separation from employment in accordance with IRS rules. Should
15 an employee's eligible dependent status changes mid -year, the City will increase or decrease
16 the employer's contribution per the tier that the employee transitions to based upon a
17 significant life event.
18 In addition the CITY shall also pay 100% of the employee premiums for EAP, life and
19 short & long-term disability insurance.
20 9.1 Line of Duty Death Benefit
21 If a Firefighter dies in the line of duty as determined by the United States Department
22 of Justice, in addition to other benefits that are available for a firefighter who dies in the line of
23 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security,
24 State Worker's Compensation, or the Public Employees Retirement System, the CITY agrees
25 to pay the following benefits:
26 1) Cash value of 100% of the accumulated sick leave up to a maximum of 720 hours
27 remaining to the survivor of the firefighter; either to the spouse, or dependent children at the
28 survivor's choice; paid in one lump sum to the party or their designated trustee or
29 representative.
30 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000
31 term life and $50,000 accidental death benefit.
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Signed Collective Labor Agreement — Page 5 of 29
1 9.2 - Post Employment Benefit
2 When a firefighter retires from active duty, by qualifying under the rules existing under
3 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any
4 method in existence at the time of retirement allowed by PERSI, the CITY agrees to pay the
5 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining
6 for that firefighter to them at the time of their retirement.
7 9.3 Voluntary Health Insurance and Benefits
8 There shall be established a Firefighter Only Retirement Health Plan between the
9 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical
10 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the
11 fire department that are covered by the terms of this Collective Bargaining Agreement shall be
12 required to be a member of WSCFFMERP by City policy whether they are a member of the
13 UNION or not.
14 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by
15 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be
16 required to submit plan documents to the CITY with all the necessary information to allow the
17 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual
18 UNION members monthly pay stubs.
19 The deductions by the CITY have to align with the beginning of the City's pay periods
20 and payrolling system.
21 ARTICLE 10 — SICK LEAVE
22 Any twenty-four (24) hour shift employee of the UNION incurring a non -duty sickness
23 or disability which renders them unable to perform their duties shall receive sick leave with
24 full pay within his/her accumulated sick leave time. All twenty-four (24) hour shift employees
25 shall accrue twenty-four (24) hours per month. The maximum time accumulated shall be 1152
26 hours. The accumulated sick leave shall carry over from one contract to the succeeding
27 contract.
28 Any forty (40) hour per week employee of the UNION shall accrue eight (8) hours per
29 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry
30 over from one contract to the succeeding contract.
Signed Collective Labor Agreement — Page 6 of 29
I Any UNION employee that transfers from a twenty-four (24) hour shift position to a
2 forty (40) hour per week position or vice versa shall have their accumulated leave adjusted by
3 the following conversion factor.
4 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply
5 accumulated leave by .625
6 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply
7 accumulated leave by 1.60
8 Any UNION employee, whose employment with the CITY is voluntarily separated
9 from employment, but not by PERSI retirement, shall be paid, at their regular wage rate, for
10 10% of their accrued sick leave at the date of separation. If an employee is involuntarily
11 terminated by the CITY, excluding workforce reduction, no pay will be given.
12 Any UNION employee unable to perform their duties for more than four (4)
13 consecutive shifts for twenty-four shift employees and three (3) consecutive days for forty
14 hour per week employees due to non -duty sickness or disability may be required to provide
15 medical documentation from their attending physician that states that the employee is unable to
16 perform their regular duties.
17 If the Family Medical Leave Act (FMLA) is going to be needed/or invoked for an
18 employee, they must follow all regulatory requirements. The employee should contact the City
19 Human Resources Department to assure compliance.
20 An employee on medical, injury or incidental leave will not accrue any sick leave
21 benefits for leave that exceed six (6) or more consecutive work shifts for twenty-four hour shift
22 employees or ten (10) consecutive days for for hour per week employees.
23 Due to the change in maximum accruals for both 24 hour shift and 40 hour per
24 week employees in this Collective Bargaining Agreement the City has offered a one-time
25 Buy Back of accrued sick leave to those employees that exceed the new maximum level at
26 the time of signing of this Agreement. See APPENDIX "A" for additional detail.
27 10.1 — Donating of vacation leave and receiving paid time off for catastrophic illness or
28 injuries (FMLA Qualifying) of Firefighters or Family employees
29 UNION employees that suffer a catastrophic illness or injury to themselves or an
30 immediate family member shall be eligible to receive leave time from another employee of the
Signed Collective Labor Agreement — Page 7 of 29
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UNION to cover any loss of income for the employee's absence from their regularly scheduled
duty assignment.
The illness and/or injury as well as the qualifying individual must all comply with the
requirements of the Family Medical Leave Act and the City Policy to be able to receive this
paid time off.
UNION employees may donate all of their accrued vacation hours per calendar year.
The receiving UNION employee cannot receive more than 480 hours for forty (40) hour per
week Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of
donated time per calendar year except as allowed by City Policy 4.3.1.
Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1
employees are eligible to donate accumulated vacation leave to another employee that has an
FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term
disability benefits to employees. The paid time off that is necessary for an employee to
maintain their pay during this period shall be coordinated with that benefit so that the
employee does not receive an excess of their regular pay. All IRS regulations must be
followed by any participant in this program.
ARTICLE 11— INJURY LEAVE/WORKERS COMPENSATION 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 as defined
within his/her job description, limited to a maximum of twelve (12) months or until such time
as the firefighter is accepted for retirement by the current retirement system, whichever comes
first. After twelve (12) months the DEPARTMENT and the employee shall address each
situation on a case by case basis considering all factors involved i.e. the State Insurance Fund,
the employee's physician's diagnosis for recovery, the employee's active participation in
healing, and any other relevant factor. During the period of injury leave any Worker's
Compensation benefits received by the employee 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. The CITY
may require recertification by a physician every thirty (30) days.
Whenever a firefighter is unable to perform their full duties as a result of a "line of
duty" related injury or illness, the firefighter may be required to report to work in a light duty
Signed Collective Labor Agreement — Page 8 of 29
I status if management determines that light duty work exists or is available at that time.
2 Management has the right to determine if light duty exists. The CITY has the right to reassess
3 the light duty position every thirty (30) days
4 The DEPARTMENT reserves the right to re -assign work schedules as necessary when
5 assigning light duty. This right shall include, but not be limited to changing days of work,
6 hours of work, and type of work to be performed. If light duty extends beyond the current
7 month (begins in one month and extends into another), the firefighter will only accumulate
8 leave benefits at same accrual rate of a DEPARTMENT forty (40) hour per week employee
9 until light duty ends. When the firefighter returns to regular duty assignment the normal leave
10 benefits will begin to accrue immediately. If the return to duty occurs within the month then
11 the CITY will pro -rate their accrual of leave within that month between a DEPARTMENT
12 forty (40) hour per week employee rate and the twenty four (24) hour shift firefighter rate.
13 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations
14 provided by the Department's contracted physician, the Emergency Responders Health Clinic.
15 Assigned light duty shall in no way endanger, aggravate or prolong the full physical and/or
16 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
19 the management except for the exceptions as provided within this Article.
20 ARTICLE 12 — VACATION—EMERGENCY—WELLNESS & HOLIDAY LEAVE
21 12.1 Vacation Leave
22 All twenty-four (24) hour shift employees shall accrue paid vacation leave on a
23 monthly basis according to the table below. Maximum hours accrued shall be 614 hours.
24 Once the employee reaches the maximum accrued hours they will no longer accumulate any
25 leave until the hours fall below the maximum accrual.
Vacation (24 Hour Shift)
Min.
Max.
Hours per
Max. Conversion
Years
Years
Month
Accrual Factor
0
2
24.00
614.00 0.625
3
4
26.00
614.00 0.625
Signed Collective Labor Agreement — Page 9 of 29
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6
28.00
614.00
0.625
7
8
30.00
614.00
0.625
9
10
32.00
614.00
0.625
11
12
34.00
614.00
0.625
13
14
36.00
614.00
0.625
15
16
38.00
614.00
0.625
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18
40.00
614.00
0.625
19
20
42.00
614.00
0.625
21
22
44.00
614.00
0.625
23
24
46.00
614.00
0.625
25+
48.00
614.00
0.625
1
All forty (40) hour
per week employees shall accrue paid vacation leave on a monthly
2 basis according
to the table below. Maximum
hours accrued shall be 384 hours. Once the
3 employee reaches the maximum
accrued hours
they will no longer accumulate any leave until
4 the hours fall below the maximum accrual.
Vacation (40 Hour Shift)
Min.
Max.
Hours per
Max. Conversion
Years
Years
Month
Accrual Factor
0
2
8.00
384.00
1.60
3
4
8.67
384.00
1.60
5
6
9.33
384.00
1.60
7
8
10.00
384.00
1.60
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10
10.67
384.00
1.60
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12
11.33
384.00
1.60
13
14
12.00
384.00
1.60
15
16
12.67
384.00
1.60
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18
13.33
384.00
1.60
19
20
14.00
384.00
1.60
21
22
14.67
384.00
1.60
23
24
15.33
384.00
1.60
25+
16.00
384.00
1.60
Signed Collective Labor Agreement - Page 10 of 29
I Any UNION employee that transfers from a 24 hour shift position to a 40 hour per
2 week position or vice versa shall have their accumulated leave adjusted by the following
3 conversion factor.
4 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply
5 accumulated leave by .625
6 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply
7 accumulated leave by 1.60
8 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any
9 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated
10 vacation.
11 Vacation Leave usage shall be governed by departmental policy. Vacation leave may
12 be granted at any time, up to and including the day requested, as long as no more than three
13 firefighters have been granted vacation leave on the requested day. If the formula listed below
14 changes the number of allowed firefighters to be take vacation on a given day then the higher
15 number shall control. Vacation leave will be granted for a minimum four (4) hours.
16 The number of firefighting personnel that shall be permitted to use vacation leave per
17 shift shall be determined by the following formula:
18 The number of budgeted positions per shift (to include firefighters, engineers, captains,
19 and battalion chiefs) divided by 6.5. (Example: (20 ff s on a shift divided by 6.5 =
20 3.07).
21 The minimum number of firefighters permitted to use vacation leave shall not be lower
22 than 3 per shift. The increase of an additional firefighter utilizing vacation leave on a shift
23 shall not change until the quotient of the formula meets or exceeds the next whole number.
24 Additional personnel may be permitted to use vacation leave if it will not cause
25 additional overtime to the DEPARTMENT and is approved by the Battalion Chief.
26 NOTE: Firefighters who are promoted to any non -UNION position shall retain their existing
27 accrued vacation and sick leave. The employee shall then be subject to the accrual rates
28 pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals based
29 upon years of service with the City of Meridian. The CITY shall convert the hours of the
30 employee consistent with the conversion factor listed in this Agreement. Any employee that
31 has hours in sick leave or vacation leave in excess of the amount allowed by City Policy shall
Signed Collective Labor Agreement — Page I I of 29
I not accrue any additional sick leave or vacation until their hours have gone below the allowed
2 limits.
3 Due to the change in maximum accruals for both 24 hour shift and 40 hour per
4 week employees in this Collective Bargaining Agreement the City has offered a one-time
5 Buy Back of accrued vacation leave to those employees that exceed the new maximum
6 level at the time of signing of this Agreement. See APPENDIX "A" for additional detail.
7 12.2 Emergency Leave
8 In the event of an emergency, a firefighter shall be granted leave for a minimum of four
9 (4) hours and until the emergency no longer exists and the firefighter can return and perform
10 their job as required. The employee's Station Captain shall have the authority to grant the
11 immediate leave and will contact the Battalion Chief as soon as practical to acquire a
12 replacement pursuant to this Agreement and Departmental policy.
13 An "Emergency" for the purposes of this clause shall be a matter that could not have
14 been anticipated or known prior to the beginning of the employee's shift and should in the
15 discretion of the Station Captain be a matter of concern of great bodily harm to the employee
16 or their immediate family; a matter of great property loss or damage to the employee and
17 should only be granted in the most extraordinary of circumstances.
18 12.3 Wellness Leave
19 Wellness Leave is an incentive offered by the City of Meridian by all of its employees. And
20 employee receiving a wellness leave incentive, pursuant to City polity shall be allowed to
21 submit for the day off under the Department's Vacation Leave policy.
22 12.4 Holiday Leave
23 All firefighters shall accrue and receive eight (8) hours paid leave for each of the
24 holidays listed below and any additional days recognized by the State of Idaho. All holiday
25 time shall be in addition to the employee's accumulated vacation leave, and shall accrue as
26 each holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added
27 to their vacation leave. All employees shall be entitled to ten (10) holidays per calendar year
28 as listed below:
29 NEW YEAR'S DAY LABOR DAY
30 CIVIL RIGHTS DAY COLUMBUS DAY
31 PRESIDENT'S DAY VETERAN'S DAY
32 MEMORIAL DAY THANKSGIVING DAY
33 INDEPENDENCE DAY CHRISTMAS DAY
Signed Collective Labor Agreement — Page 12 of 29
I All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, but
2 shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week employees
3 shall receive all the remaining holidays as listed above. If the designated holiday falls on a
4 weekend then the employee shall take the City designated day as the holiday.
5 ARTICLE 13 — RELIEF PERSONNEL
6 The DEPARTMENT will provide qualified relief personnel with full-time employees.
7 Sufficient relief personnel shall be used to maintain normal coverage of each shift period of
8 vacation, holidays, sick leave, and fire related education. Relief personnel may include current
9 department personnel working out of classification in a higher ranked position, pursuant to this
10 Agreement.
11 ARTICLE 14 - VACANCIES
12 14.1— Entry Level Vacancies
13 Entry level or lateral firefighters shall be determined by a generally accepted standard
14 testing method within the fire service profession. The purpose of the test shall be to establish a
15 hiring list of applicants for firefighter vacancies that may occur. This test shall not limit the
16 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies.
17 Any unfilled firefighter position caused by termination, retirement, promotion or
18 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be
19 filled from a hiring list of eligible applicants on file for that position. If there is no existing list
20 then entry level positions will be filled after the next available testing. Vacancies must be
21 filled no later than one (1) year from the opening. The final decision regarding the hiring of
22 entry level or lateral firefighter candidates shall be at the discretion of the Fire Chief.
23 14.2 Vacancies above Entry Level
24 Vacancies for the position of Engineer, Captain (Suppression, Training, and Inspector),
25 and Battalion Chief shall be filled from the current ranks of full-time personnel of the Meridian
26 Fire Department. If after the first test is given and there are not enough successful candidates
27 on the initial test, a second make-up test will be given to those initial testing applicants within
28 30 days of completion of the first test. If after the second test is given and there are still not
29 enough successful candidates for these positions, or in the event there are no applicants for
30 either test, management has the right to hire outside of the Meridian Fire Department to fill the
31 open position(s).
Signed Collective Labor Agreement — Page 13 of 29
I The Department may have up to thirty (30) days to begin a promotional testing process
2 for an unscheduled vacancy in which no promotional list exists. If no list exists, vacancies for
3 these positions shall be filled with an eligible MFD employee within a maximum of 180
4 days. In the event a list exists, the vacancy will be filled within 30 days.
5 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide
6 occupational requirements within the meaning of this Article.
7 ARTICLE 15 — PROMOTIONS
8 Eligibility tests for promotion and newly created positions shall be based on
9 examinations given. To be considered for promotion to Engineer the employee must hold the
10 rank of Senior Firefighter, to be considered for promotion to Captain the employee must hold
11 the rank of Engineer, and to be considered for promotion to Battalion Chief the employee must
12 hold the rank of Captain for a minimum of three (3) years. The employee must complete a
13 Department sponsored development program for the position being tested for (Engineer
14 Development Program, Officer Development Program, or Chief Officer Development
15 Program) OR meet all certificates of completion of the components found within the same
16 current rank specific development program. All promotional lists will become effective on the
17 21" of the month following the completion of the test being given, and will remain in effect for
18 24 months. Employees on a promotional list may elect to transfer their score for any
19 subsequent promotional exam of the same rank, pending a successful Fire Chief s interview,
20 unless the employee chooses to take the new test. If the employee elects to transfer their score,
21 the employee's score will be re -ranked on the new list numerically with the new scores.
22 Examinations will be given a minimum of once every two (2) years for Engineers; and
23 will be given in April or May for each 2 year cycle. Examinations will be given a minimum of
24 once every two (2) years for Captain (suppression) and Battalion Chief; and will be given in
25 April or May for each 2 year cycle. For all other promotional positions identified in this
26 Agreement, testing will be done on an as needed basis. The testing for Engineers will be in
27 odd numbered years and for Captain and Battalion Chief in even numbered years. A notice of
28 impending promotional exam with a designated bibliography and defined scoring criteria for
29 the position(s) being tested shall be provided to all personnel for a minimum of ninety (90)
30 days prior to the test date. The bibliography and defined scoring criteria may be available
31 more than ninety (90) days prior to the initial testing, but the notice of testing must allow for a
32 minimum of ninety (90) days between the notice and the test. Notice shall be provided by a
Signed Collective Labor Agreement — Page 14 of 29
I department wide email to all employees of the department and by the posting of notices in each
2 Fire Station and the Administrative office of the Fire Department.
3 If during the pendency of a promotional list an employee is demoted in rank as a part
4 of a disciplinary action the employee's name shall be removed from that list for the remainder
5 of the cycle. Employees shall not be eligible to test for promotion if they have been disciplined
6 which resulted in a suspension without pay or demoted within One Hundred Eighty (180) days
7 of the date of the test.
8 In the event of an opening/vacancy for a position in which there are no qualified
9 candidates on the current promotion/eligibility list of that position, a special test may be given,
10 by mutual consent of both parties, to fill the vacancy/opening.
11 All examinations shall be impartial and shall relate to those matters which will test
12 fairly the candidate's ability to discharge the duties of the position to be filled.
13 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide
14 occupational requirements within the meaning of this Article. The DEPARTMENT shall be
15 the sole judge of skills, qualifications and ability. Seniority for promotions will be one (1)
16 point per year of service, up to the maximum of ten (10) points. Seniority points will be added
17 after successful completion of the examination. Promotional examinations shall consist of a
18 written test, assessment center, and two oral boards. The components of the assessment center
19 shall be identified at the time of the announcement of the test. The following formulas will be
20 used to determine the candidate's final score on promotional examinations for Engineer,
21 Captain and Battalion Chief respectively:
22 Engineer's Exam Scoring Criteria:
23 Written test: 40% of overall score; 70% minimum passing score
24 Assessment Center: 30% of overall score; 70% minimum overall passing score for each
25 component
26 Operational Oral Board: 15% of overall score; 70% minimum passing score
27 Chief s Oral Board: 15% of overall score; 70% minimum passing score
28 Captain's Exam (Suppression, Training, and Inspector) Scoring Criteria:
29 Written test: 40% of overall score; 70% minimum passing score
30 Assessment Center: 30% of overall score; 70% minimum passing score
31 Operational Oral Board: 15% of overall score; 70% minimum passing score
32 Chief's Oral Board: 15% of overall score; 70% minimum passing score
Signed Collective Labor Agreement — Page 15 of 29
I Battalion Chiefs Exam Scoriniz Criteria:
2 Written test: 20% of overall score; 70% minimum passing score
3 Assessment Center: 50% of overall score; 70% minimum passing score
4 Operational Oral Board: 15% of overall score; 70% minimum passing score
5 Chief s Oral Board: 15% of overall score; 70% minimum passing score
6 The DEPARTMENT shall offer position specific development programs (Engineer,
7 Officer/Chief Officer) every other year at a minimum, meaning Engineer one year and
8 Officer/Chief Officer the following year. It shall be the employee's responsibility to attend
9 when the opportunity is offered.
10 ARTICLE 16 — GRIEVANCE PROCEDURE
11 16.1 — Grievances and Arbitration Process
12 Intent
13 It is the declared objective of the parties to encourage prompt and informal resolution
14 of employee complaints as they arise and to provide recourse to orderly procedures for the
15 satisfactory adjustments of complaints. With regard to the Grievance Section only, working
16 days will mean the days of the week, Monday through Friday, excluding Saturdays, Sundays
17 and Holidays.
18 Election of Procedure
19 Nothing in this grievance procedure prevents any employee and their Supervisor and/or
20 Chief Officer from resolving any grieveable incident prior to the filing of a grievance. The
21 employee may select this grievance procedure as evidenced by the filing of written notice of
22 intent to grieve.
23 Grievance Procedure
24 The following procedures will apply to grievances filed under this procedure
25 A. A grievance is defined as a complaint by one (1) or more members of the UNION,
26 involving the Interpretation or application of this AGREEMENT or written policies and
27 rules of the DEPARTMENT and/or CITY, or disciplinary action.
28 B. Written grievances at this step shall contain the following information:
29 i. A written statement of the specific provisions of this AGREEMENT or other
30 policies or rules alleged to have been violated, misapplied or misinterpreted.
31 ii. A statement of facts as to the manner in which the provision is purported to have
32 been violated, misapplied or misinterpreted.
Signed Collective labor Agreement — Page 16 of 29
I iii. The date or dates on which the violation(s) occurred.
2 iv. The specific remedy or adjustment sought.
3 Strict technical compliance with the terms of this Section is not required to preserve the
4 arbitrability or grievability of the grievance.
5 C. The written response by the DEPARTMENT and/or CITY shall contain the following:
6 i. Affirmation or denial of the facts upon which the grievance is based.
7 ii. An analysis of the alleged violation, misinterpretation or misapplication of the
8 AGREEMENT.
9 iii. The remedy or adjustment, if any, proposed by the DEPARTMENT and/or CITY.
10 Strict technical compliance with the terms of this Section is not required to
11 preserve the arbitrability or grievability of the grievance.
12 D. Grievances must be filed with the UNION within fourteen (14) working days after the
13 event giving rise to the grievance. To comply, a Grievance Fact Sheet must be filled
14 out by the grievant and turned into a member of the Grievance Committee. Within five
15 (5) working days after receiving the grievance, the UNION shall notify the Fire Chief
16 of the grievance and provide general information of the grievance to allow the CITY
17 to investigate the grievance for the purposes of providing a timely response should the
18 grievance be found meritorious and pursued by the UNION.
19 E. UNION shall file its written findings for any grievance it supports with the Fire Chief
20 no later than fourteen (14) working days after receiving the Grievance Fact Sheet with
21 the exception of grievances arising from terminations, demotions or suspensions
22 without pay which are referenced in Section B. Termination, Demotion and
23 Suspension without Pay.
24 F. The DEPARTMENT shall provide a written response to be filed no later than ten (10)
25 working days after receiving the filed grievance. Within ten (10) working days after
26 the UNION's receipt of the DEPARTMENT'S written response, representatives of the
27 UNION Grievance Committee and the DEPARTMENT, shall meet and attempt to
28 resolve the grievance.
29 G. If the grievance is not resolved as outlined in Subsection 3e. of this section, and the
30 UNION, with or without the complaining employee, wishes to continue the grievance,
31 the UNION may file a notice of arbitration with the Meridian City Attorney, within
32 thirty (30) working days after receipt of the Fire Chief's written response as outlined
Signed Collective Labor Agreement — Page 17 of 29
I in this section, or if the Fire Chief failed to respond, within forty (40) working days of
2 the UNION's filing of its written findings with the DEPARTMENT.
3 Arbitration Procedure
4 A. At the time of filing the notice of arbitration, an arbitration panel may be selected. The
5 arbitration panel members shall not be a current or past elected official or employee of
6 the CITY. The CITY and the UNION shall each select an arbitrator to represent their
7 interests in the arbitration. The panel shall consist of 3 total members.
8 B. If an third member of the arbitration panel cannot be agreed upon, the parties shall,
9 within twenty (20) working days of the filing of the notice of arbitration, send a joint
10 written request to the American Arbitration Association for a list of nine (9) arbitrators
11 from which the two existing panel members shall select the third member of the panel
12 to hear and determine the grievance. The method of selection shall be by alternate
13 striking of names on the list until only one (1) name remains. The one (1) remaining
14 shall be the selected third member, and Lead Arbitrator. The party who strikes the first
15 name shall be determined by the flip of a coin. Written notice of the appointment of the
16 selected Lead Arbitrator shall be signed by both parties and mailed to said arbitrator
17 within five (5) working days after the selection.
18 C. Upon the appointment of the Lead Arbitrator, as hereinabove provided, said arbitration
19 panel shall hold an arbitration hearing at the time and place selected by the panel. The
20 hearing shall be conducted pursuant to the provisions of Chapter 9, Title 7, Idaho Code
21 and the terms and conditions of this AGREEMENT.
22 D. The Arbitration Board shall conduct a hearing and shall render a decision in writing,
23 which shall be final and binding on both parties, subject only to the parties' right to
24 seek vacation or modification to the Arbitration Board award pursuant to the
25 provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only
26 such jurisdiction and authority to interpret and apply the provisions of the Agreement
27 as shall be necessary to the determination of the arbitration issue. The Arbitration
28 Board shall not have any power to add or subtract from, modify or alter in any way,
29 the provision of this Agreement.
30 E. The cost of the Lead Arbitrator shall be borne equally between the UNION and the
31 CITY. The parties shall bear the costs of their Arbitration Panel member at their own
32 expense.
Signed Collective Labor Agreement — Page 18 of 29
1 16.2 - Termination, Demotion and Suspension without Pay
2 A. The CITY and UNION agree it is in the best interests of all parties to expedite
3 grievances arising from disciplinary action which results in termination of employment,
4 demotion, or suspension without pay. Therefore, grievances that the UNION finds
5 meritorious shall be filed in writing with the DEPARTMENT within thirty (30)
6 calendar days after the date of the incident giving rise to the grievance. The
7 DEPARTMENT will respond in writing within ten (10) calendar days of the date the
8 grievance is filed.
9 B. When the DEPARTMENT terminates an employee, such termination shall be effective
10 upon the date the termination is issued. All other provisions of Section A shall apply to
11 these grievances in regards to due process and the procedure for contesting the action.
12 ARTICLE 17 - NO STRIKES — NO LOCKOUT
13 Upon the consummation and during the term of this Agreement, no employee of the
14 Fire Department covered by this Agreement shall strike or recognize a picket line of any labor
15 organization while in the performance of his/her official duties, in accordance with Idaho Code
16 Section 44-1811.
17 It is mutually agreed that there shall be no strike authorized by the UNION and no
18 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by
19 the grievance procedure set forth herein. No picket line, at or around the City's property,
20 established by any other person or organization shall be sanctioned or honored during the term
21 of this Agreement.
22 The UNION agrees that as part of the consideration for this Agreement, it will, within
23 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow -downs
24 or suspensions of work, instructing their members to work immediately. The UNION agrees
25 that it will not assist employees participating in unauthorized work stoppages, strikes, slow -
26 downs or suspensions of work. For purposes of this section, the term "strike" shall include a
27 cessation or stoppage of work, slow -down, sit-in and picketing of the City's premises.
28 ARTICLE 18 - UNIFORM ALLOWANCE AND ISSUED EQUIPMENT
29 The CITY and the UNION believe that professionalism and pride in the City and the
30 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION
31 believe that the attire of the firefighter and their conformance with professional appearance
32 helps achieve the goals of a superior organization. All uniform and work attire shall be clean
Signed follective Labor Agreement — Page 19 of 29
I and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or
2 his designee to determine if an article of clothing is no longer serviceable for wear on duty.
3 The DEPARTMENT shall maintain an inventory of clothing suitable for replacement of worn
4 items.
5 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975
6 minimum requirements for station uniform wear. The brand, style, materials and color of
7 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be
8 comprised of two (2) UNION employees and one (1) employee of management designated by
9 the Fire Chief. The Committee may recommend changes, but the final decision shall be at the
10 discretion of the Fire Chief.
11 All of the Uniform and Personal Appearance standards shall be governed by mutually
12 agreed DEPARTMENT Policy.
13 18.1 Issued Equipment
14 The CITY agrees to provide the necessary equipment for the Twenty -Four (24) hour
15 per shift Suppression Firefighters to perform their duties. The CITY and the UNION will meet
16 and discuss what tools may be needed for each Suppression Firefighter. For the term of this
17 Agreement the equipment is listed in APPENDIX "C". Once issued the employee shall be
18 responsible to maintain and keep the issued equipment. All items may be required to be
19 produced as part of an inspection. If equipment is lost or damaged, beyond use, in the course
20 of duty it may be returned, if practical, to the department for replacement. If unable to be
21 returned it can still be replaced. If lost or damaged outside of duty use then the firefighter will
22 be required to replace the item at the employee's expense.
23 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS
24 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire
25 Department
26 The designated work period for all twenty-four (24) hour shift employees covered
27 under this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours.
28 Under the Fair Labor Standards Act (FLSA) 182 actual hours worked (as defined by FLSA)
29 will be paid at the regular hourly rate and ten (10) hours paid at the overtime rate of one and
30 one-half of the employee's hourly rate if no excluded hours under the Act have been taken.
31 Overtime shall also be paid for time worked off the Firefighter's normally scheduled
32 shift, other than a "shift trade." [The highlighted sentence will sunset on September 30,
Signed Collective Labor Agreement — Page 20 of 29
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2019. As of October 1, 2019 an employee will receive overtime when they exceed the
"hours worked," as defined by FLSA in the 24 day work cycle of 182 hoursl
The regular work schedule for twenty-four (24) hour shift employees shall be two
consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively.
No suppression firefighter may work more than seventy-two (72) hours consecutively without
specific authorization or direction by the Deputy Chief of Operations, or the Fire Chief in
his/her absence. A shift shall be twenty-four (24) hours of duty, starting at 0700 and ending at
0700. For illustrative purposes, the regular work schedule for suppression personnel is listed
below with an X representing an on -duty shift and an O representing and off-duty shift.
XXOOOOXXOOOO
19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department
The regular work week shall be forty hours (40) per week and shall be Monday through
Friday, 8:00 a.m. to 5:00 p.m. with a one (1) hour lunch break included or as four (4) days per
week for a ten (10) hour a day shift at the DEPARTMENT's discretion. Any time worked over
forty (40) hours per week shall be paid at an overtime rate of one and one-half of the
employee's hourly rate to the next 1/2 hour for the actual hours worked. When circumstances
dictate, the Chief reserves the right to flex this schedule to meet the DEPARTMENT's needs.
As a courtesy, the affected employee will be given one (1) weeks' notice of the schedule
change, unless the change is unforeseen. In an unforeseen circumstance the Chief has the right
to change the schedule to meet the need, but once the circumstance is over, the schedule will
be returned to normal.
19.3 On Call Pay for Forty (40) per week Firefighting Personnel of the Meridian Fire
Department
The City recognizes these positions may require the employee to be "on call" for a
period of time as determined by the DEPARTMENT. Examples include, but may not be
limited to, filling the roles of Fire Investigator or Safety Officer. If an "on call" period is
required by the DEPARTMENT, the CITY agrees to compensate the employee, consistent
with City Policy 3.4.5, in the following manner:
• Regularly scheduled work day- 1 hour per day
• Regularly scheduled day off- 2 hours per day
• Holidays- 4 hours per recognized holiday per Article 12.4
Signed Collective Labor Agreement — Page 21 of 29
I ARTICLE 20 — BEREAVEMENT LEAVE
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,
7 they shall be entitled to three (3) consecutive workdays off for bereavement leave Additional
8 leave 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, immediate family shall be defined as current spouse,
11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws
12 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law
13 of the employee. Adopted or "step" relationships will be considered same as any other family
14 relationship.
15 ARTICLE 21 — ADDITIONAL DUTY AND COMPENSATION
16 Any firefighter reporting for duty while off-duty shall have all of the benefits that
17 he/she would normally have while on his/her regular tour of duty. All additional compensation
18 accumulated by a firefighter shall be due and payable in their next pay period.
19 21.1 Definition of Overtime, Scheduled Overtime and Compensation
20 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled
21 overtime shall be when a firefighter is requested to return to work for any meetings, training,
22 shifts or any other reason deemed necessary by the department that is scheduled or planned.
23 21.2 Definition of Emergency Callback and Compensation
24 Emergency Callback shall be when a firefighter is requested to return to work by the
25 DEPARTMENT at a time that the firefighter was not scheduled to work to address an
26 emergency as determined by the Fire Chief. The examples of this type of Emergency Callback
27 shall be for large scale structure fires, large scale range fires, unusual natural disasters causing
28 the complete extension of the City's resources, etc. Employees accepting an Emergency
29 Callback must be able to meet the response time guideline as per DEPARTMENT policy.
30 The firefighter shall receive a minimum of four (4) hours of pay, from the time they
31 receive the call, for Emergency Callback. Any time worked after the first four (4) hours will
32 be compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for
Signed Collective Labor Agreement — Page 22 of 29
I duty while off-duty shall have all of the benefits that he/she would normally have while on
2 his/her regular tour of duty.
3 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal
4 rate of pay for all time worked in response to Emergency Callback.
5 21.3 Definition of Mandatory Holdover or Mandatory Return to Duty to Fill Shift
6 Vacancy and Compensation
7 Mandatory Holdover shall be when an employee regularly scheduled duty is extended
8 from the end of the shift by the DEPARTMENT.
9 Mandatory Return to Duty to Fill Shift Vacancy shall be when an employee is ordered
10 to return to duty to fill a shift vacancy as described in DEPARTMENT Policy.
11 Any time worked in either circumstance will be compensated in one-half (1/2) hour
12 increments, rounded up to the next half-hour.
13 As of October 1, 2019 the employee will be compensated at a rate one and one-half
14 times the employee's regular rate of pay for all either instances even if the employee has
15 not exceeded the 182 hours pursuant to FLSA as described in Article 19 for that pay
16 period.
17 21.4 Definition of Overtime for Training
18 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT
19 retains the right to determine which personnel may attend training.
20 ARTICLE 22— SHIFT WORKING OUT OF CLASSIFICATION
21 Any Firefighter or Engineer covered by this Agreement, who has successfully
22 completed the working out of class task book and has successfully passed the testing process
23 for the desired rank, shall be required to assume the duties of that higher ranked position only
24 within their permanently assigned fire house and shift. Float Firefighters or Engineers who
25 have successfully completed the working out of class task book and have successfully passed
26 the working out of class testing process for the desired rank, shall be required to assume the
27 duties of that higher ranked position only within their permanently assigned shift.
28 A Captain who has successfully completed the Battalion Chief working out of class
29 task book and has successfully passed the Battalion Chief working out of class testing process,
30 shall be required to assume the duties of that higher ranked position only within their
31 permanently assigned shift.
Signed Collective Labor Agreement — Page 23 of 29
I If an employee were to work in a lower ranked position they would be paid at their
2 current rate, not the lower wage. The utilization of working out of class employees will be at
3 the discretion of the Battalion Chief.
4 Task books shall be requested through the Deputy Chief of Operations. The employee
5 must meet the pre -requisites before a task book will be issued.
6 After an employee submits a completed task book to the Deputy Chief of Operations, a
7 Pass/Fail testing process will take place to include an assessment center exam and interview.
8 After successful completion of the working out of class certification an employee will have the
9 appropriate certification pay added to their base wage as found in APPENDIX "A".
10 At any time an employee may opt out, at their sole discretion, to have their certification
11 removed. Should an employee choose to have their certification removed they will be required
12 to start the process over from the beginning in order to be recertified.
13 The UNION and DEPARTMENT shall further define the working out of class program
14 in a mutually agreed upon manner.
15 22.1 Swing Up
16 A Swing -Up employee is an employee who has successfully passed a promotional
17 exam and has been placed on the current promotional list. Employees on a promotional list
18 must accept and assume the duties of a higher ranked position when it is available on the
19 employee's shift. These employees are eligible to work overtime on a different shift in the
20 higher ranked position. Any employee who refuses a required assignment, or requests to have
21 his/her name removed from the promotional list, shall be eligible for working out of class
22 certification. An employee who is removed from the promotional list for either circumstance
23 will be final, and must retest to be eligible for future promotion.
24 22.2 Working Out of Class Temporary Promotions
25 In the event of a known absence at a suppression rank that will exist for a period of 90
26 days or greater, a current swing up eligible employee will be temporarily promoted to the
27 known vacant position. If no swing up personnel exist, the employee working out of class at
28 the fire house where the absence will occur will be temporarily promoted for the period of the
29 absence.
30 ARTICLE 23— STAFFING
31 The DEPARTMENT maintains the right to assignment and staffing of stations,
32 engines, and companies. Change in assignment may be based on the following criteria;
Signed Collective Labor Agreement — Page 24 of 29
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vacancy, seniority, stations available, and re -assignment, but is not limited to only these
specified. The method of declaring a vacancy, applicability of seniority, station bidding, and
re -assignment shall be determined by Department policy. The Vacancies and Shift Transfers
policy shall be negotiated between the UNION and the DEPARTMENT as mutually
determined to be needed. The DEPARTMENT retains the final authority for all staffing and
shift assignments.
Minimum Staffing at each station will be either three (3) or four (4) personnel
dependent on the assigned apparatus to the station. Personnel assigned to a station may be
used to cross -staff various types of apparatus. Brush trucks, water tenders and reserve
apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the
following:
Engine Companies
1 Captain
1 Engineer
1 Firefighter
Water Tender Companies
1 Captain
1 Engineer
Command Vehicle
1 Battalion Chief
Brush Truck Companies
1 Captain
1 Engineer
1 Firefighter
Truck Companies
1 Captain
1 Engineer
2 Firefighters
Any additional firefighters on staff above the minimum as listed above will be used to increase
the staffing of the engines/truck or staff extra apparatus as described above unless the
individual has applied and been accepted as part of a mentoring program pursuant to
department policy.
Whenever circumstances exist that causes an apparatus to fall below that minimum,
management reserves the right to re -assign personnel (including select qualified command
officers at the Fire Chief's discretion), exercise "Callback", exercise "Holdover", exercise
"Working out of Classification", or in extreme emergency circumstances, take an apparatus out
Signed Collective Labor Agreement — Page 25 of 29
I of service temporarily until appropriate personnel are available. Stations or Apparatus will
2 only be taken 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 five (5) stations
4 staffed by an Engine and/or Truck Company as described as above. As future stations are
5 opened, they will be staffed by at least an Engine and/or Truck Company, using this same
6 staffing configuration described above unless mutually agreed to a change by the UNION and
7 the CITY.
8 Advanced Life Support (ALS) Engine or Truck Companies
9 An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum of
10 one (1) licensed paramedic in the State of Idaho. The Department's Policy shall establish the
I 1 appropriate number of EMS positions within the DEPARTMENT. The licensed paramedic
12 shall be the person primarily responsible on that Engine or Truck company apparatus to
13 provide ALS response. The DEPARTMENT will attempt to maintain ALS staffing with
14 Firefighter/Paramedics and/or Engineer/Paramedics, however, the Captain may be the Primary
15 Paramedic on an Engine or Truck, if staffing or other situations arise that have caused a
16 shortage of Paramedics for the shift.
17 ARTICLE 24 — COMPENSATION
18 All Compensation for all UNION employees shall be as fixed and set forth in
19 APPENDIX "A", attached hereto.
20 ARTICLE 25 — ALCOHOL & DRUG POLICY
21 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's
22 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is
23 included in this agreement as APPENDIX `B". It is agreed that changes made to this policy,
24 shall not apply to the UNION without written consent of its members.
25 ARTICLE 26 — HEALTH AND WELLNESS
26 26.1 Health
27 The overall health and wellness of a firefighting force is essential to safely and
28 effectively respond to and mitigate the various emergencies the Department is responsible for.
29 In that spirit, the CITY shall provide mandatory physicals to every Department employee that
30 has an obligation to respond to an incident. The City shall maintain a budget sufficient to
31 allow each employee required to respond to an incident a physical every two (2) years.
Signed Collective Labor Agreement — Page 26 of 29
I Employees will be placed on a rotational schedule to be determined and maintained by the
2 DEPARTMENT.
3 The physicals shall be done through the Department's contracted physician, Emergency
4 Responders Health Clinic, that both CITY and the UNION agree upon or his/her designee.
5 The only medical information that the DEPARTMENT shall receive from the physician is a
6 proof of attendance and that the employee completed the required components of the exam.
7 All other documentation and personal medical information shall be directed to the employee
8 receiving the physical and no medical information shall be shared with the CITY by the
9 physician without the individual employee's consent.
10 26.2 Fitness/Exercise
11 The DEPARTMENT and the UNION have developed and adopted a fitness and
12 exercise program for all firefighting personnel. Participation in the program shall be
13 mandatory for all employees that respond to emergency scenes.
14 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK
15 27.1.1 Subject to the following provisions and as set forth below, any fulltime suppression,
16 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD")
17 may request to return to a former fulltime suppression classification of a lower rank than their
18 current classification he/she previously held within MFD. Additionally, if necessitated as a
19 disciplinary measure, the Chief may demote an employee of the UNION to a former position
20 using the same process as outlined in this Article. For the purposes of this Article no current
21 employee may be involuntarily demoted for the purpose of providing an opening for a person
22 requesting a return to a former position held or being demoted.
23 27.1.2 Eligibility
24 An Employee may request to be returned to a prior fulltime suppression of a lower rank
25 than their current rank within the MFD from which he/she previously held.
26 27.2 Process
27 A. A vacancy must exist or be anticipated by promotion, retirement, or separation.
28 B. Any employee requesting a return to a lower rank than their current classification
29 must do so in writing to the Chief or his designee. The written request must:
30 i. List the lower rank requested.
31 ii. List the date served in the former rank.
32 iii. List the preferred date to return to the lower rank.
Signed Collective Labor Agreement — Page 27 of 29
I C. The Chief, after consultation with Local 4627 President, shall approve or deny the
2 request to return to a former classification in writing.
3 D. The Chief or his designee may delay the return to a lower rank until there is a
4 vacancy in the requested classification.
5 E. The Chief or his designee may not lay off or demote personnel to create a vacancy
6 for a return to a former classification. But a promotion based upon an existing
7 promotional list will satisfy the creation of a vacancy.
8 F. If two (2) or more requests are made at the same time, preference will be given to
9 any Employee(s) who previously held the requested suppression classification and
10 has greater seniority in the Department.
11 G. If the vacancy is caused by a demotion due to discipline the same process shall
12 apply.
13 27.3 Seniority
14 When an Employee returns to a former classification, the seniority accrued in the
15 position(s) held prior to the return to former classification shall be combined with the time in
16 grade that was accrued in the former classification. (Date of Hire + Time in Grade)
17 Examples:
18 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted
19 to Division Chief of Logistics for 36 months' time in grade and then returns to Captain
20 of Suppression. For purposes of Captain of Suppression seniority, the employee now
21 has 60 months of accrued seniority;
22 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain
23 of suppression for 12 months' time in grade and then returns to Engineer. For purposes
24 of Engineer seniority, the employee now has 72 months of accrued seniority.
25 ARTICLE 28 — SAVINGS CLAUSE
26 If any provisions of this Agreement or the application of such provision should be
27 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or
28 subsequently enacted legislation, the remaining parts or portions of this Agreement shall
29 remain in full force and effect.
30 ARTICLE 29 — EFFECTIVE DATE
31 The Collective Labor Agreement shall become effective October 16, 2018 and remain
32 in full force and effect through September 30, 2020.
Signed Collective Labor Agreement — Page 28 of 29
4
Additionally, this agreement may be re -opened at any time for negotiations on any
mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44,
Idaho Code. This may include items contemplated within this Agreement that may require
amendment or change during the course of this Agreement.
DATED AND SIGNED this � day of oG * 6e-iY , 2018.
CITY OF MERIDIAN
By:
TZyX Weerd
M
IAFF LOCAL #4627,
MERIDIAN CHAPTER
By:�—
Ty ::Zee
President
APPROVED BY CITY COUNCIL this /% day of �rb 62r' , 2018.
ATTEST:
By:
Jay Co e
City Clerk
Signed Collective Labor Agreement — Page 29 of 29
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APPENDIX "A"
COMPENSATION SCHEDULE
This APPENDIX addresses the following positions within the Meridian Fire Department:
Recruit — Employee works 40 hour week while attending Fire Academy.
Probationary Firefighter — Employee works 24 hour shift. Employee has completed the Fire
Academy.
Firefighter I — Employee works 24 hour shift. Employee has completed Probationary
Firefighter status and promoted to Firefighter I after one (1) year of service on the anniversary
of completing the Fire Academy.
Firefighter II — Employee works 24 hour shift. Employee has completed two (2) years of
service from the anniversary of completing the Fire Academy.
Senior Firefighter — Employee works 24 hour shift. Employee has completed three (3) years
of service from the anniversary of completing the Fire Academy + successful completion of the
DEPARTMENT'S Engineer Development Program [EDP]
Engineer — Employee works 24 hour shift. Promotional position that requires testing.
Captain of Suppression — Employee works 24 hour shift. Promotional position that requires
testing.
Captain Fire Inspector/Training Captain — Employee works 40 hour work week shift.
Promotional position that requires testing.
Battalion Chief — Employee works 24 hour shift. Promotional position that requires testing.
Promotions shall take effect on the next pay period following the completion of the time of
service
Wage Scale: The wages for the regular rate of pay for all positions except the Recruit, Captain
Fire Inspector & Captain Training are based upon 2920 hours worked per year. The Recruit,
Captain Fire Inspector & Captain Training wage is based upon 2080 hours worked per year.
APPENDIX A
The job classification and wage rates for employees covered by this Agreement shall be as
follows:
Job Titles
10/1/2018 (2%)
Recruit Hourly
$ 17.62
Annual
$ 51,436.97
Probationary Hourly
$ 18.33
Annual
$ 53,521.85
Firefighter I Hourly
$ 19.03
Annual
$ 55,576.94
Firefighter II Hourly
$ 22.35
Annual
$ 65,256.74
Senior Firefighter Hourly
$ 24.64
Annual
$ 71,958.14
Engineer Hourly
$ 26.58
Annual
$ 77,617.10
Captain of Suppression Hourly
$ 29.59
Annual
$ 86,403.38
Captain of Fire Inspection/Training Hourly
$ 43.62
Captain* Annual
$ 90,733.41
Battalion Chief Hourly
$ 31.67
Annual
$ 92,479.32
*Note: This position has an additional 5% increase more
than Suppression Captain
All Annual wage listed is based upon hours projected.
Wages are paid on actual hours worked.
The UNION and the CITY have agreed to negotiate wages for FY20 in 2019.
Working Out of Class Pay: All members who have successfully completed the requirements
for the working out of class program or are eligible for
swing up positions will receive an
additional:
$1.00 per hour to their base
rate of pay
The pay shall remain as long as the member maintains
his eligibility for working out of class or
swing up.
APPENDIX A
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 of
pay. The additional hourly amount shall be based upon the table below.
The educational degree shall be from an accredited institution of higher learning. The
additional hourly amount shall be added the firefighter's base rate of pay. A firefighter shall
only be entitled to one (1) education incentive pay. Pay shall be for the highest degree
obtained.
Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and are
operating in a paramedic role for the City of Meridian shall receive the additional hourly
amount shall be based upon the table below.
This amount shall only be available from Recruit level up to and including Battalion Chief.
The additional hourly amount shall be added to the firefighter's base rate of pay.
All employees that were hired as paramedics may be required to maintain their license as a
continuing job requirement until they reach the Battalion Chief position. At the time of
promotion to Captain the employee shall be allowed to drop their Paramedic certification.
After that choice, future opportunities to drop Paramedic certification may depend on hiring
opportunities for the Department. Based upon the minimum required personnel at the
paramedic level, as established by the Department Policy, any paramedic in excess of the
number established is eligible to request to drop their paramedic's certification. Anyone that is
granted the ability to drop their certification may be reassigned subject to the needs of the
Department. The Chief may consider seniority in granting the request. The Chief shall have
the sole discretion to grant this request based upon the best needs of the Department.
Incentive Pay item
FTE Type
Rate
Annual Pay
Associates Degree
24 Hr FTE
$ 0.11
$ 321.20
40 Hr FTE
$ 0.15
$ 321.20
Bachelor's Degree
24 Hr FTE
$ 0.22
$ 642.40
40 Hr FTE
$ 0.31
$ 642.40
Master's Degree
24 Hr FTE
$ 0.33
$ 963.60
40 Hr FTE
$ 0.46
$ 963.60
Certification
EMT Advanced
24 Hr FTE
$ 0.22
$ 642.40
40 Hr FTE
$ 0.31
$ 642.40
MFD Field Training Officer
24 Hr FTE
$ 0.75
$ 2,190.00
40 Hr FTE
$ 1.05
$ 2,190.00
Paramedic Pay
Paramedic Pay
24 Hr FTE
$ 1.65
$ 4,818.00
40 Hr FTE
$ 2.32
$ 4,818.00
APPENDIX A
Vacation Buv-Back [For Fiscal Year 2020 Only (10/1/19-9/30/20
Members shall be eligible to elect to have the CITY buy-back up to fifty (50) hours of their
own accrued vacation leave hours. The CITY shall determine when the election must be made,
when the payment for the hours will occur, and how it will be paid to the member. The funds
would be paid post -tax, so it is the member's responsibility to determine any tax implications
for them. The member cannot have the City buy back more hours then they have accrued at
the time of the election. When the payment is made by the CITY the member's hours shall be
reduced at that time. If the member does not have sufficient hours at the time of the payment
then the CITY can reject the election and not make the payment.
If the CITY institutes a Vacation Buy -Back for FY20 for general employees that allows for
more than 50 hours of buy back then the UNION members may also receive the same benefit.
One Time Vacation and Sick Leave Buy Down to Maximum Accruals (2018 only)
At the time of the execution of this Agreement the maximum accrual for vacation leave for 24
hour per shift firefighters will be 614 hours and for 40 hour per week firefighters it will be 384
hours.
The CITY has agreed to buy down the hours in excess of the maximum accrual for vacation at
a 1:1 ratio. The CITY shall determine when the payment for the hours will occur and how it
will be paid to the member. The funds would be paid post -tax, so it is the member's
responsibility to determine any tax implications for them.
At the time of the execution of this Agreement the maximum accrual for sick leave for 24 hour
per shift firefighters will be 1152 hours and for 40 hour per week firefighters it will be 720
hours.
The CITY has agreed to buy down the hours in excess of the maximum accrual for sick leave
at a 3:1 ratio. The CITY shall determine when the payment for the hours will occur and how
it will be paid to the member. The funds would be paid post -tax, so it is the member's
responsibility to determine any tax implications for them.
APPENDIX A
APPENDIX "B"
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 EMPLOYEE (FIRE)
The collective labor agreement shall govern the alcohol/drug program/policy for Fire department
employees who are represented by the bargaining unit. Represented employees should refer to the labor
agreement, APPENDIX `B".
SAFETY SENSITIVE POSITIONS
The 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 committed to promoting and maintaining a
drug free work environment for our employees, and members of the general
APPENDIX B
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 & 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.
4. Department Heads will have authority to determine if the possession of
alcohol, drugs or paraphernalia is within acceptable circumstances or
guidelines.
APPENDIX B
B. Off -Duty
1. The off-duty conduct of any employee which results in a criminal
conviction for the possession, use, sale, manufacture or distribution of
illegal drugs will be subject to discipline up to and including
termination.
2. Employees who are acquitted will be returned to work with back pay, if
applicable.
3. Any employee convicted of violating a criminal drug statute on or away
from the workplace must inform the City of such conviction (including
pleas of guilty and nolo contendere) within five days of the conviction.
Notification must be made to the employee's supervisor or the Human
Resources Director. Failure to inform the City subjects the employee to
disciplinary action up to and including termination.
II. MEDICATION PRESCRIBED BY PHYSICIAN
A. The use of drugs/medicine prescribed by a licensed medical practitioner will be
permitted provided that it will not and in fact does not affect work performance,
nor will it impair the employee's ability to safely operate equipment or
machinery. The City reserves the right to have a licensed medical practitioner
who is familiar with the employee's medical history and assigned duties
determine if use of the prescription drug will produce effects which will
increase the risk of injury to the employee or others while working. If such a
finding is made, the City may limit or suspend the work activity of the
employee during the period that the medical practitioner advises that the
employee's ability to perform his or her job safely 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.
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.
APPENDIX B
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 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.
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
APPENDIX B
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 a non -paid leave of
absence approved by the City.
6. Affected employees shall, whenever possible, schedule outpatient
rehabilitation treatment during times that will not conflict with the
employee's work schedule, provided however, employees will be
allowed to use vacation or sick leave, or unpaid leave, if outpatient
rehabilitation treatment cannot be scheduled other than during their
regular work schedule.
C. Involuntary Referral
When an employee tests positive for alcohol or drug use (or is identified as
being under the influence of alcohol or drugs at work) as identified in the City's
Alcohol and Drug policy the employee will be sent to the City's EAP program
for assessment, and treatment planning.
V. EDUCATION
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;
APPENDIX B
Documentation of employee performance and behavior.
B. Employees will be trained and informed of.
1. The health and safety dangers associated with alcohol and drug use;
2. The provisions of this policy through employee meetings and employee
orientation.
VI. TESTING PROCEDURES
A. PRE-EMPLOYMENT TESTING
1. All applicants given a conditional offer of employment will be required
to submit to testing for the presence of alcohol and illegal drugs. The
offer of employment is contingent upon a negative alcohol and drug test
result. A conditional offer of employment will be rescinded for any
applicant who tests positive for the presence of alcohol and/or illegal
drugs.
2. An applicant will be notified of the City of Meridian's alcohol and drug
testing policy prior to being tested; will be informed in writing of his or
her right to refuse to undergo such testing; and will be informed that the
consequence of refusal is termination of the pre-employment process.
3. An applicant will be provided written notice of this policy, and by
signature will be required to acknowledge receipt and understanding of
the policy.
B. REASONABLE BELIEF TESTING
1. An employee will be tested for alcohol and illegal drugs, or the abuse of
prescription medication, when the employee manifests "reasonable belief'
behavior that would endanger their well-being, as well as the safety of
fellow employees or the general public. The basis of suspicion of alcohol or
drug abuse may be a specific, contemporaneous event, or conduct -
evidencing impairment 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:
APPENDIX B
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 firearms;
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
APPENDIX B
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 a drug-free work force.
E. VOLUNTARY RANDOM TESTING
As part of the City's alcohol and drug free workplace program, employees not in
designated sensitive positions may volunteer for random testing. Employees who
are interested in participating in this program should contact Human Resources to
obtain a volunteer random consent form. Participation in this program is not a
condition of continued employment with the City and volunteers will be subject
to all provisions, conditions and procedures of the random testing policy.
F. CDL TESTING
In compliance with the Department of Transportation (DOT) ruling 49 CFR
parts 40 and 382, pre-employment, random, reasonable belief and post -accident
drug and alcohol testing shall be required for employees in positions that require
a Commercial Driver's 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.
APPENDIX B
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
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
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
APPENDIX B
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 loss of compensation and benefits that are 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 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.
APPENDIX B
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.
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. Drugtesting: esting: 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.
APPENDIX B
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. 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.
I. 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.
J. Reasonable belief. means a belief based on objective facts sufficient to lead a
prudent person to conclude that a particular employee is unable to satisfactorily
perform his or her job duties due to suspected drug or alcohol impairment.
K. Under the influence: means a condition in which a person is affected by a drug
or by alcohol in a detectable manner. A determination of being under the
influence can be established by a scientifically valid test, such as a breath test or
urinalysis.
APPENDIX B
APPENDIX "C"
ISSUED FIREFIGHTING EQUIPMENT
Flashlight
Streamlight Survivor LED AC Fast Charge
Wire/Cable cutters
Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter (a "Forbey")
TFT: Res-Q-Rench Folding Spanner Multi Tool
APPENDIX C
APPENDIX "D"
CITY'S Contribution for FY19
medical, dental, vision,
and post -employment health
APPENDIX D
Medical
Vision
Dental
Total
Employee Only
$
549.45
$ 7.42
$
42.65
$
599.52
Employee/Spouse
$
1,093.99
$ 10.98
$
76.87
$
1,181.84
Employee/Child
$
768.16
$ 10.98
$
62.62
$
841.76
Employee/Children
$
895.75
$ 11.17
$
78.12
$
985.04
Employee/Spouse/Child
$
1,295.75
$ 17.11
$
96.91
$
1,409.77
Employee/Family
$
1,295.75
$ 17.11
$
112.16
$
1,425.02
Data reflects the City Costs associated to each benefit
Data obtained from the 2019 Benefits rate sheet
APPENDIX D