HomeMy WebLinkAbout(08) 13149: FIRE FIGHTERS AGRMT CITY OF PORT ARTHUR
C/TY f~AGER'S OFFK~E
MEMORANDUM
TO: Mayor and City Council
FROM: Stephen B. Fitzgibbons, City Manager
DATE: May 17, 2005
SUBJECT: Council Action Memorandum on Proposed Resolution No. 13149 Adopting a
Three (3) Year Collective Bargaining Agreement between the City of Pm, t
Arthur and International Associ~don of Rre fighters Local 397.
COMMENT
I recommend adoption of Proposed Resolution No. 13149 adopting a three (3) year collective
bargaining agreement between the City of Port Arthur and International Association of Fire
Fighters Local 397. The Fire Fighters Local ratified said agreement on May 13, 2005 (copy
attached).
The proposed agreement calls for a hvo and one-half percent (2 ~%) across-the-board wage
increase each year of the contract. The duration of the contract is from October 1, 2005 through
A complete copy of the proposed contract is available for your review in the City Secretary's
The collective bargaining teams first met on Fatxuary 10, 2005 and continued to meet mgulady
through May 6, 2005, for the purpose of securing a collective bargaining agreement to replace
the one expiring on September 30, 2005. The bargaining teams reached agreement on May 6,
2005.
'The recommended agreement is basically status quo except for the hiring artide. Previously, the
hidng article provided an exception that allowed the City to recruit and directly hire up to two
certified fire fighters each fiscal year of the contract. This hinng exception to the Civil Service
Statute was the catalyst to the City's Fire Bootstrap Program.
Given the fact that the Fire Department only averages approximately two vacancies per year and
the association wanted to further restrict the City's ability to select applicants, in addition to a
larger wage increase, the City's bargaining team decided a smaller wage increase and statutory
language on hidng would be more beneficial overall, especially since there are no assurarmes
that vacancies will occur in any given yea* in the Fire Department.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR'
May= and City Coundl
P.R. #13149
Page2 of 2
The City's bargaining team presented its final offer to the association in an eitherlor form:
1. Two and one-half percent (2 %%) across-the-board wage increase, statutory language on
2. Three and one-half percent (3 %%) across-the-board wage increase, modifications in the
hiring artid® and the City being the sole dete~ninant of the wages and benefits for the
Deputy Chief's position.
BUDGETARY~AL EFFECT:
A three (3) year agreement with a two and one-half percent (2 ½%) across-the-board wage
increase each year of the cc¥,~-act will cost approximately $157,000/yeer, and will be included in
the Fire Department's budget each fiscal year.
STAFRNG/EMPLOYEE EFFECT:
None.
SUMaARY:
I recommend adoption of Proposed Resolution No. 13149 adopting a three (3) year collective
bargaining agreement between the City of Port Arthur and International Association of Fire
Fighters Local 397. The Fire Fighters Local ratified said agreement on May 13, 2005 (copy
attached).
The proposed agreement calls for a two and one-half percent (2 %%) across-it~-board wage
increase each year of the contrac[ The duration of the contract is from October 1, 2005 through
September 30, 2008.
A complete copy of the proposed contract is available for your review in the City Secretary's
Olfice.
"REMEMBER, WE ARE HERE TO SERVE THE CI'TEQ~NS OF PORT ARTHUR'
Menlo
To: CITY Of PORT ARTHUR
From: R. MILLER PRESIDENT, LOCAL 397
CC: HARRY ROBINSON
Date: May 13, 2005
Re: CONTRACT
IN THE MA~-~ER OF THE CITY"S
2-1/2% PACKAGE OFFER,
HAVING 95 OF 100 MEMBERS VOTING
THE MEMBERSHIP OF LOCAL 397
HAS VOTED TO ACCEPT
THE CITY'S OFFER '
SINCERELY,
R.MILLER, PRESIDENT LOCAL 397
P.R. No. 13149
5/17/05 HLR (Ijc)
RESOLUTION NO.
AN RESOLUTION APPROVING A GOLLEGTIVE BARGAINING AGREEMENT
BETWEEN THE GITY OF PORT ARTHUR AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397.
PROPOSED FUNDING: FIRE DEPARTMENT BUDGET
ACCOUNT NO. 001-1121-522.114)0
WHEREAS, the City of Port Arlhur has negotiated a Collective Bargaining
Agreement with the International Association of Fire Figt~tem Local 397 pursuant to
Chapter 174 of the Texas Local Government Code Annotated, the Fire and Police
Employees Relation Ac[
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1.. That the facts and opinions in the preamble are hue and correct.
Section 2. That the Mayor and City Manager am hereby authorized to execute
said Collective Bargaining Agreement on behalf of the City in substantially the same form
as attached hereto as Exhibit "A".
Section 3. That the effective date of the contract shall be October 1, 2005
through September 30, 2008.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
P.R. No. 13149
5/17/05 HLR (Ijc)
PAGE 2 OF 2
READ, ADOPTED, AND APPROVED on this day of , A.D., 2005, at a
Regular Meeting of the City Coundl of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor , Councitmembers
NOES:
ATTEST: APPROVED FOR ADMINISTRATION:
Evangeline Green, City ~ Rebecca Undarhill, Director of Finance
Harvey L Robinson, Assistant City
and Director of Human Resources
Mark Sokol°w, City Attorney
A COPY OF EXHIBIT "A" IS AVAILABLE FOR REVIEW
IN THE CITY SECRETARY'S OFFICE.
EXHIBIT "A"
ARTICLES OF AGREEMENT
BETWEEN
CITY OF PORT ARTHUR, TEXAS
AND
LOC~AI, 397
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
/~on o!~,reeme~: O~o~er 1. 2OO5
2
TABLE OF CONTENTS
I DEFINmONS ......................................................................................... 4
2 PURPOSE OF AGREEMENT ............................................................... 6
3 DURATION OF AGREEMENT .............................................................. 6
7
4 RECOGNITION ......................................................................................
5 NON-DISCRIMINATION ........................................................................ 8
6 PAYROLL DEDUCTION OF DUES ...................................................... 8
9
7 JURY DUTY ...........................................................................................
10
8 SICK AND INJURY LEAVE .................................................................
9 DEATH IN THE FAMILY ...................................................................... 11
12
10 HOLIDAYS ...........................................................................................
13
11 VACATIONS .........................................................................................
15
12 OVERTIME PAY ..................................................................................
13 SENIORITY AND PERSONNEL REDUCTION .................................. 17
17
14 LONGEVI3~( .........................................................................................
15 INSURANCE ........................................................................................ 18
16 UNION ACTIVITIES ............................................................................. 19
17 APPEALS & GRIEVANCE PROCEDURE .......................................... 21
18 SHIFT EXCHANGES ........................................................................... 27
19 SAFETY & HEALTH PROGRAM ........................................................ 28
20 STRIKES AND LOCKOUTS ................................................................ 31
21 EDUCATIONAL ASSISTANCE ........................................................... 32
22 SPECIAL PAY PROVISIONS .............................................................. 33
23 CERTIFICATION PAY ......................................................................... 34
24 TEMPORARY DUTIES IN HIGHER CLASSIFICATION .................... 35
3
25 CLOTHING ........................................................................................... 36
26 EMERGENCY MEALS ......................................................................... 37
27 COMPENSATORY TIME ..................................................................... 37
28 PENSION .............................................................................................
29 PERSONNEL FILES ............................................................................ 39
30 WAGES ................................................................................................
31 HOURS OF WORK .............................................................................. 41
32 AFFIRMATIVE ACTION ....................................................................... 41
33 CONFLICT WITH CIVIL SERVICE LAWS ......................................... 41
34 MISCELLANEOUS PROVISIONS ....................................................... 42
35 SAVINGS CLAUSE .............................................................................. 43
36 IMPASSE .............................................................................................. 44
37 SUCCESSORS AND ASSIGNS .......................................................... 44
38 HIRING ................................................................................................. 45
39 APPOINTMENT OF DEPUTY FIRE CHIEF ....................................... 45
40 FAMILY MEDICAL LEAVE. ACT ................................................. 45
41 DRUG AND ALCOHOL POLICY ......................................................... 51
42 COMPLETE AGREEMENT CLAUSE ................................................. 69
4
ARTICLE 1
DEI Im0NS
1. ,,Er~oye¢' meens the C~y of Port Arthur.
2. "City" means the City of Port Azthur.
3. "Union" means the International Association of Fire Fighters, Local Union 397.
4. "Employee" means a permanent paid employee of the fire department of a politic~
subdivision. The term does not include: (A) the Chief of the department, or (B) a
volunteer fire fighter. An individual becomes an employee and bargaining unit
member under this contract immediately upon successful com~ of the fire
academy, and passes the state ceCdfi(~ion examination.
5. "Civil Service Commission" means the Civil San/ice Commission of the City of Port
Arthur.
6. "Chief" means the Fire Chief of the City of Port Arthur, Texas.
7. -City Manager" meens the City Manager of the City of Port Arthur, Texas.
8. "Agreement" means the Collective Bargaining egreerne~ negotiated by and
between the Employer and the Union.
benefits.
10. -Depertmenf' rneens the Port Arthur Fire Depa~'~nenL
11. "Grievance" is defined as a dispute or disagreement involving the interpretation,
application or alleged violations of any provision of this agreement, or
disciplinary action involving indefinite suspension, suspension, recommended
demotion or promotional passover of an employee represented by the Union.
5
12. '1>rob~c~ry Period" means the twelve-(12) month period immediately folJowing the
date of employment as e Fire Fighter.
13. ,,promofion- mea~s advancement from e lower rartk to hi~r ra~k
within l~e ~
~. "Disciplinary Action" means written re~imand, discharge, suspension, indefinite
suspension, and demotion in rank or pay.
ts. "Layoff' means a termination of employment resulting from a reduction in force.
6
A.~TICLE 2
PU~ ~ AGReeMENT
SECTION I
This agreemer~ is made and entered into by and between the City of Port A~lhur, a
municipal c~on domiciled in the State of Texas, herein referred to as the
"EMPLOYER", and Local 397, International Association of Fire Fighters, hereinafter
~'ermd to as the 'I. JNION".
SECTION II
Employer and the Union; to provide for equitable and peaceful a~justments of differences
which may adse; to establish proper standards of wages, houm and other conditions of
employment which will provide and maintain a sound basis for the deliver, of public
ARTICLE 3
DI~JRATI~N OF AGI~EEMENT
SECTION I
Except as otherwise expressly provided herein, the duration of this agreement
event a succassor agreement does not take effect on October 1, 2008, this agreement shall
be automatically renewed for a pedod up to ninety (90) days and may be extended beyond
said ninety (90) days only by mutual agreement between the Employer and the Association.
7
SECTION II
monies by the Employer are included as a maffer of collective bargaining, it shall be the
obligation of the Association to serve written notice of request for collective bargaining on
the Employer at least one hundred twenty (120) days prior to September 30, 2005.
SECTION III
It shall be the obligatien of the Employer and the Association to meet at a
reasonable time and confer in good faith with representatives of the Association and the
Employer thirty (30) days after receipt of written notice from the Association or the Employer
for the purposes of collective bargaining. Provided, however, initial written notification shall
not occur prior to April 1" of 2008.
ARTICLE 4
SECTION I
The employer recognizes the Union as the sole and exclusive bargaining agent for
all employees (as defined in this co~-,'~act) of the Port Arthur Fire Depadment.
SECTION II
The Union recognizes that persons duly appointed by the City Council have been
authorized as lhe sole and exclusive negotiators of a conlmct subject to the approval of the
C~ty Coundl.
8
ARTICLE 5
SECTION I
The Employer and the Union agree that the provisions of this agreement shall be
applied to all employees wilflin the bargaining unit wilhout regard to affiliation, membemhip,
or non-membership Jn the union.
SECTION II
Membership in lhe union is voluntary. Each employee has the right to join and
maintain membership in the union; the employee, likewise, has the right to ~e[~ain from
joining or to withdraw ~ membership in the union as he/she sees fit. Neither the Union
nor the Employer shall exert any pressure against any employee covered by Ibis
agreement in regard to such matters.
ARTICLE ii
PAYROLL DEDUCTION ,OF
SEC"rlON I
The Employer agrees to dedtx:t, once each month, dues in an mmx~ authorized by
the employee, from the pay of those employees who individually request, in writing, that
Union dues, it shall also authorize the City, without further authodzafio~ from the employee,
to change the deduction for Union dues to the amount specfifl~ in a written notice of Union
dues change provided to lhe City by the Union. The amount of this deductior~ shall no~ be
changed more than once in a t~ve~ pedod.
9
SECTION II
It is understood that said authodzation is completely voluntary and may be
terminated by the employee in writing at any time.
The Union shall indemnify the Employer and arty Deperlment of the Employer and
hold it harmless against any and all claims, dentands, suits, or other forms of liability that
may arise out of, o~ by reason of, any action taken by the Employer or any Depmtment of
the Employer for the purpose of complying wiih lfle provisions of this Article.
ARTICLE 7
SECTION I
Any employee called for jury service, or serving as a wilrtess under subpoena in a
Fire Department related matter, shall not suffer loss of his regular pay for a period he is
required to be present for such duty and for a period of one hour preceding reporting time
required to report to work at lhe Fire Departme~ before his ju~y duty lhat sarne day. Once
an employee is placed on a jury panel, he/she shall be off the night before serving on such
panel. The employee must provide the Employer a certificate verifying the dates and times
served.
SECTION II
If employee is released from jury duty during his/her regular scheduled working
hours, the employee must report to his/her Battalion Chief for completion of said hours.
10
SECTION #1
Employee must inform his Battalion Chief twenty-four (24) hours prior to the time of
~ ~l~l jury duty.
ARTICLE 8
~ICK AND iNJURY LEAVE
SECTION I
On-duty injury benefits shall be covered by applicable state statutes.
SECTION II
Sick leave shall be accumulated in the manner prescribed by Chapter 143 Texas
Local Government Code, Firemen's and Poticemen's Civil Service Act., Upon separation
from the Fire Depalment, employees employed on or before March 7, 1990 shall be paid a
lump sum payment for accrued unused sick leave up to a maximum of 140 days.
Employees hired on or after March 8, 1990 shall be paid a lump sum payme~ for accrued
unused sick leave up to a maximum of 90 days upon separation of emplo~
Employees in the bargaining unit shall be entitled to two (2) separation periods of
absence due to illness or injury without a doctor's release in a calendar year provided the
duration of each absence is three (3) working shifts or less. In all other instances, the
employee must provide a doctor's release to the Battalio~ Chief prior to or at the beginning
of a shift. The doctor's rPJease must state the dates the employee was under the doctor's
cae and lhe date the employee is released to return to work. The employee shall make
every reasonable affempt to schedule routine doctor visits and preventative care doctor
visits during fl~eir off duty hours.
11
~ may be made by the Battalion Chief for employees returning to work on a
holiday, weekend, or Monday following a short illness, not to include absence due to injury
or surgery. In lhis case, a doctor's release would be furnished to the Employer no later
than three (3) days after the employee's return to work
SECTION N
Any employee off work due to illness or injury shall contact the Battalion Chief daily
report changes in his/her condition or whereabouts. The Battalion Chief may make an
exception to the daily reporting requirement after he has determined that the illness or
injury is prolonged and propedy documented by a physician.
SECTION V
The purpose of sick leave is to avert loss of wages in the event of bona fide illness.
While sick leave is an earned benefit, it is the responsibility of each employee not to misuse
or abuse this benefit. It is likewise the responsibility of the Employer to take appropriate
ARTICLE 9
DEATH IN THE FAMILY
In the event of e dee~ in the immediete f~mily of an employee covered by this
agreement, the employee stroll be granted up to three (3) calenci~r d~ys off, with pay, ~t the
time of the emerger~j. Immediete f~mily stroll be defined as follows: spouse, children,
Immediate bgnily shall also include any rel~Jve living in the same household.
12
In the event of a ~ of an employee's gr~ndchilclren/grand-c~ild t~he ilion
Chief will endeavor to ~illow the employee to take emergency vacation or holic~ for a
period not to exoeed three (3) days, provided the employee has sufficient ~nJed vacation
and/or holiday leave. In the event the employee does not have sufficient vacation or
holidays, the employee shall be allowed to take personal leave.
ARTICLE 10
SECTION !
Employees shall be entitled to and granted the follow~ng ten (10) paid holidays, or
days in lieu tt~reof.
1. New Year's Day 6. Labor Day
~. Martin Luther King, Jr. Day 7. 'l'har~]iving Day
Good Friday 8. Day After Tha,r~.sgi¥ing
41 Mem~al Day 9. ChristY, as Day
5. Independence Day 10. One '~:loating" holiday as dasi~atad
SECTION II
A. Employees shall be allowed to accumulate a maximum of twenty (20)
holidays, except in those cases beyond the control of the employee ~hen the taking of
8. Empl~ees who have in excess of twenty (20) accrued holidays upon the
effective date of this contract shall be allowed to retain all such holidays until such excess
holidays are assigned by the Employer or taken at t~ employee's option.
13
C. The Employer shall have the discretion to assign accumulated holidays in
excess of twer~ty (20).
D. The Employer shall have the authority to assign up to three (3) accumulated
holidays to be taken at the end of one vacation segmeflt per year.
E. Employees shall be allowed to schedule holidays up to thirty (30) calendar
days in advance of the requested time off, if the Battalion Chief determines that the
requested holidays are available.
if such requested holidays are not available, shift exchange may be arranged by the
employee.
SECT1ON la
Upon separation from the Fire Depadment, employees shall be compensated for all
unused holidays, to a maximum of twenty (20) at their regular rate of pay, except in those
cases where accumulated holidays have exceeded twer~ (20) holidays, as specified under
Section II-A of this article.
ARTICLE 11
VACATIONS
SECTION I
Vacation allowances shall be based upon the following schedule: fifteen (15) working
days vacation for employees with one year of service but less than ten years service
credit; twenty-one (21) working days vacation for employees with ten but less than
twenty years of service credit; twenty-seven (27) working days vacation for employees
with twenty but less than twenty-five years of service credit; and thirty (30) working
days vacation for employees with twenty-five or more years of service credit.
14
SECTION II
Fire Depadment employees with ten (10) or more years of service shall be allowed
to split their vacations into no more than two segments.
SECTION III
Employees shall be given preference in scheduling vacations based upon seniority
in rank on their assigned shift. Employees may take all vacation days in one segment
~ employees who have opted to split their vacations shall follow this formula:
most to least senior.
2. No segment shaft be ~ess than six (6) days.
3, Choice of second vacation segment shall only occur after all employees in
that rank have had their first choice.
SECTION IV
Battalion Chiefs will be responsible for scheduling vacations using uniform criteda
SECTION V
Vacations shall be scheduled to fall during the calendar year unless illness or injury
of employee prevents this.
SECTION V~
Vacation pay advances shall be granted if such a policy is adopted for all other
employees of the City of Port Adhur.
15
ARTICLE 12
SECTION !
Ail assigned hours worked outside an employee's regular schedule, except for the
special pay provisions applicable to divers, shall be paid at the rate of time and one-half.
Partial hours shall be paid to the nearest 15-minute increment. Vacation, holiday,
compensatory time, or death in ~ family leave shall be deemed as hours worked for
SECTION II
pay) shall be the annual salary of the employee divided by 2756 hours.
Employees who are called back to work from off-duty shall be guaranteed a
minimum of two hours at time and one-half.
SECTION IV
An overtime log shall be maintained by the Employer indicating the hours of
overtime by each employee, and a copy of the log shall be posted monthly at each station.
"Hours of Overtime" shall include both overtime hours worked and cornpaneatory time
earned.
SECTION V
The Battalion Chief shall endeavor to distribute non-emergency overtime on a fair and
equitable basis to the employee with the least overtime hours in accordance with
Section IV.
16
SECTION VI
An employee shall not be required to accept a scheduled overtime ~ehile on
vacation, holiday, sick leave or other authorized leave.
SECTION VII
An employee shall not be required to accept scheduled overtime that would require
him to work more than 48 hours straight without at least e 12-hour period off-
SECTION VIII
Except as contained herein, an employee refusing a regularly scheduled overtime
will lose his right to that overtime, and the time and date of such refusal shall appear as a
"cartwheel" on the monlflly overtime list.
SECTION IX
Employees shall be required to report when called to any emergency situation,
excep~ when on sick or injury leave.
SECTION X
Employees shall have their overtime accumulation balance set equal to the
average overtime accumulation balance held by employees in the rank they enter, plus
one hour, on the date they enter that rank.
SECTION Xl
Those employees assigned, temporarily or permanently, to a 40-hour workweek
shall not be eligible to receive scheduled overtime in suppression.
For the purposes of this agrcc,mant, the only position, which will be treated as exempt,
pursuant to the FLSA overtime provisions, will be the Deputy Chief.
17
ARTICLE 13
SENIORITY AND PERSONNEL REDUCTION
SECTION I
Departm~¥~l seniority shall be calculated from date of employment in the Fire
SECTION II
The Employer shall have a written policy detailing the ~ by which employees
may bid for station assignment. Seniority in rank shall be the determining factor, unless
and except there is cause for denying such station assignment as determined by the Fire
Chief.
In the case of personnel reduction, ~ employee with the least seniority wilhin lhe
department shall be laid off first. Employees shall be recalled in the order of their seniority.
SEC'nON IV
Application at' seniority with regard to promotions shall be in conformity with
applicable state law.
ARTICLE 14
lONGEVITY
The Employer shall pay the employee, in addition to his/her regular salary end any
oiler compensation, four (4) dollars per rnonth for each year of service in the depadrrmnt to
a ma3drnum of twenty-five (25) yearn of service.
18
ARTICLE 15
SECTION
The Employer agrees to pay the premium cost of each permanent employee's group
health and dental insurance premium starting at six monlhs of employment. Provided,
provided shall be at the discretior~ of tfte Employer. The employees will have access to all
benefits offered in the City health care benefit plan in effect at the signing of this contract or
that may come into effect dudng the time of this
The Employer shall provide, at no cost to the permanent employee, $6,000 natural
death coverage plus $5,000 accidental death and dismemberment coverage. Also, the
Employer shall allow the Fire Fighters to participate in the City's Voluntary AD&D programs
through payroll deduction.
The Employer shall allow all Fire Fighters to participate in the cafeteria plan as
outlined under Section 125 of the IRS Code.
19
ARTICLE 16
SECTION I
A written list of Union stewards and other officers and representatives shall be
furnished to the Employer immediately alter their designation, and the Union shall notify the
Employer of any subsequent changes.
SECTION II
Upon approval of ~ Battalion Chief, one steward per shift shall be granted
reasonable time off during working hours without loss of pay to investigate and settle
gdevances.
,SECTION III
employees involved.
SECTION IV
Any of the principal officers of the Union (President, Vice President, Secretly,
Treasurer) shall be allowed to take their own accumulated holidays upon approval of
Battalion Chief to attend to unic~ business.
SECllON V
In the event that all of the principal offioers of lhe Union (President, V'~e President,
Secretary, Treasurer) am on duty at the time of a Union n"-.~ing, one of these officers shall
be temporarily transferred to duty at Fire Station #1 for the dca-al, ion of the meeting. This
principal Union officer shall respond in tt~e event of any emergency call.
SECTION Vi
The Employer shall provide space in line fire stations for lhe Union to place a bulletin
board for lhe use of the Union in a convenient and accessible place not to exceed 3' by 3'.
The Union agrees not to plaoe any material on the bulletin boards which is critical of
SECTION ~
Subj~ to prior notification and approval from the Chief, Fire Station #1 will be the
only designated statio~ utilized for Union meetings and/or business held on Fire
SECTION IX
'The Association shall be granted a maximum of one hundred sixty eight (168) hours
of pa~ ~me off for use by ~ des~nated by t~e nssodat~ to attend Assoc~tk~n,
each fiscal year of the contract. Any unused pool time not utilized during the contract year
for which it was donated shall expire after the end of the fiscal year for which it was
donated. The Association shall submit requests for such time off at least two (2) weeks
prior to the date desired. Provided; however, nothing herein shall preclude the Association
from requesting time off less than two (2) weeks prior. Said request shall not be unduly
denied if time off is available. In no case shall the use of said leave create an overtime
situation for the City based on the information available at the time of the request.
21
Should time off be denied at lhe time of the request, but later becomes available
before lhe date of the time requested off, the City will endeavor to inform the Association of
this availability.
Requests for such time shall be submitted in writing to the Fire Chief or his
deagnae.
In no case shall the Fire Chief, or his designee, unduly withhold pafmission for the
use of said time if it is available, and a timely answer shall be provided for such request.
Any time in this pool will expire at tile end of the contract term.
ARTICLE 17
All appeals of employees' disciplinary matters, including reprirmmds, suspensions,
demotions, promotions and/or indefinite suspensions, and appeals of all other types
heretofore heard by the Civil Service Commission except as specified below, shall continue
to be heard by the Civil Service Commission and with all rights of appeals as provided in
~ 143 of the Texas Local Government Code (Firemen's and Policemon's Civil
Sewk:e Act).
In disciplinary action involving indefinite suspension, suspension, recommended
demotion or pmmo{ional passover, the affected employee may choose instead to process
22
In ~ so, s~id employee 1~gs selected ~rb~i~ion ~s a fl~ ~ ~i~ ~1~ ~
his ~i ~ ~ ~ ~ ~h~ ~ ~1 as ~ ~ C~ ~ ~ ~ T~
L~I ~ ~ (Fi~'s ~ P~'s C~il ~ ~).
~ ~. ~N ~ G~S
Ei~ ~ ~y ~1~ ~is ~e~ ~ ~ ~ ~ir, ~~ ~ ~
~ ~ ~e~. A ~a~ is ~ ~ ~ di~ ~ di~
~ di~pli~ ~i~ involvi~ i~e ~i~, ~, ~~ ~
~ ~1 ~v~ ~ ~ ~ ~ by ~ Un~.
SEC~ON III - FLUNG
~ Un~ ~ ~ Employ~ ~11 fi~ a ~, as ~n ~, ~in ~
(~) ~1~ ~ ~ ~ ~ ~ a di~e ~ di~. ~ ~v~ ~11
~ in ~fi~ ~ s~ll ~in ~ ~11~ i~:
1. A~~v~ ~~~ ~is~;
2. ~1 ~ ~ ~ ~vi~o~ ~ ~ ~ ~ ~l~le ~
~ to ~e ~ v~la~, E ~
4. ~11 ~ si~ by ~ ~ev~ ~.
8~N N - ~PEN~NG
~ U~ P~, ~ his a~z~ ~ive, ~ ~ ~ ~
~ to ~ Fire Ch~ in ~ ~ to a~ ~ ~.
23
The Fire Chief, or his authorized repmsent~ive, may report an anticipated
grievence to the Union in an effort to avert the grievence.
SECTION V - ADJUSTMENTS OF UNION GRIEVANCES
1. The Union or any employee who is aggrieved shall file a written grievance giving the
nature and details of the incident which led to his/her grievance with the Union's
grievance committee. The report must be submitted to the committee within ten (10)
calendar days of the date upon which the employee or lhe Union. as aoolicable.
knew of or should have known of the occurrer~, or ~, giving dse to the
2. W~hin ten (10) calendar days of receipt of the gdevanca, the committee shall
determine if a valid grievance exists, if in the opinion of the committee, no g~levance
the committee determines that a grievance exists, the Union President or his
alternate shall present the grievance in writing to the Fire Chief or his designee
and/or the Battalion on duty within a ten (10)day time frame. It shall be the duty of
the Union President or his alternate to present all known relevant i~;on'nation to the
Fire Chief at such time. If the grievance is denied, the reasons for denial shall be
included in writing. The Chiefs written response shall be submitted within ten (10)
calendar days after receipt of the written grievance to any Union principal officer (i.e.
President, Vice-President, Treasurer, Secretary) or any member of the Union
grievance committee.
3. ff the grievance has not been resolved under Section V-2 to the satisfaction of
the Union, it then shall be submitted the Union to the City Manager or his
designee within ten (10) calendar days.
4. The City Manager, or his designee, shell submit this answer in writing to the Fire
Chief and to any Union principal officer (i.e. President, Vice-President,
Treasurer, Secretary) or any member of the Union grievance committee within
ten (10) calendar days thereafter.
5. If the grievance is not settled under Section V-4, lhe Union must notify the City in
writing within ten (10) calendar days after the date of the decision by the City
~ of its election to invoke erbib~;.ion.
SECTION VI - ADJUSTMENTS OF MANAGEMENT GRIEVANCES
1. The Fire Chief or his authodzed representative, shall file a written grievance with the
Union giving the nature and details of the incident which led to the grievance. The
report must be submitted within ~ (20) calendar days of the date upon which
the Fire Chief, or other appropriate management re~ knew of or should
have known of, the occurrence, or occurrences, giving rise to the grievance. It shall
be the duty of the Chief, or his alternate, to present all known relevant if-;un'nation to
the Union at such time.
2. The Union's wrilten response to the grievance shall be submitted to the Chief, or his
authorized representative, within ten (10) calendar days after receipt of the written
25
3. If the grievance is not settled under Section VI-2, the Chief, or his authorized
representative, must notify the Union in writing within ten (10) calender days in the
event of a decision to invoke
SECTION Vii, ARBITRATION
1. The parties shall jointly request a panel of seven (7) ar~t~ators from the Amadcan
3. Within ten (10) calendar days from the receipt of such panel, a representative of the
Union and t~ City shall meet and alternately strike names until one (1) mbii~,i, or
remains who shall be selected as the impartial arbitrator. The Union shall make the
first stdke.
4. Upon notification to the Americ~ Arblt~aiion Association or the Federal Mediation
and Conciliation Service of the selection of the arbitrator, and the arbitm'a3r is
contacted, the date for lfle arbitration hearing shall be set within twenty (20)
calendar days from the date the arbitrator is notified of his selection.
5. Upon request of either party, the parties shall exchange the names of witnesses
expected to be called at the hearing. The exchange shall be made at least two (2)
days prior to date of hearing.
In the absence of good or excusable cause, the arbitrator may exclude the testimony
of a witness upon the failure of a party to disclose such a witnass.
6. In all hearings ortner lt~an disciplinanj actions under ~is section, the grieving party
shall have the burden of proof and shall prove its case by a preponderance oflhe
7. All hearings shall be public, unless the hearing may be closed as provided in the
Texas Open Meetings law. In any event, the flrlal decision of the arbilrator shall be
public, although public announcement may be reasonably delayed upon request of
8. W~hin forty-five (45) calendar days after the conclusion of the hearing, the arbitrator
shall issue a written opinion containing findings and recommended remedy to the
issues presented. A copy of the opinion shall be mailed or delivered to the Union
and the Employer.
9. Wi~ respect to the inteq~Jafion, enforcement, or application of the provisions of
be final and binding on the parties to tt~e agreement.
10. The arbitrator shall limit his decision to the interpretation, application, or
enforcement of this agreement or to matters faidy inferable therefore, and he shall
be wilhout power or authority to make any decision co~fuary to, or inconsistent with
or modifying o~ varying in any way, the terms of this agreement or of applicable I~w,
27
11. The cost of the ar~bat~ shall be shared equally between the Union and the
Employer. Each paly shall be responsible for the comp~ of its own repm-
sentativas and witnesses and for any expenses incuned in its investigation of the
grievance. If a transcript of the proceedings is requested, then ~ party so
requesting shall pay for it.
SECTION VIII - THE CONSTRAINTS
Ail time limits set forth in lhis Article may be extended by mutual consent but if not so
extended, they must be strictly observed. If a party fails to pursue any grievance within the
time limits provided, he shall have no further dght to continue the grievance. If the specified
time limits are not complied with by the City or the Union the grievance shall be considered
denied, and the grieving party may pro(ccd to the next step in the grievance procedure.
ARTICLE 18
SH FT Exc -IANGE
SECTION I
Shift exchanges will be allowed in the dep~b,,ent with prior approval of the Battalion
Chief, provided the exchange does not interfere with departmental operation.
An employee exchanging shifts does not relinquish his/her responsibility for a
person to be present on a particular shift, and will be docked in pay for that shi~ if the
employee consenting to work the shift fails to show at the designated station.
The substitute employee who shatl fail to appear and work the exchanged shift shall
not, except in cases of eme~genoy, as cletennined by the Battalion Chief, be allowed to
28
SECTION II
An employee shall be granted shift exchange upon determination by lhe Battalion
Chief that the taking of an accumulated holiday would not allow for adequate manning, or if
the requesting employee has six (6) or less holidays accumulated.
SECt'ION III
On-dubj Captains shall be allowed to grant emergency standbys of up to two (2)
houm, The Captain shall notify the Battaiion Chief of ail such standbys, Said standby shall
constitute a voluntary shift exchange.
ARTICLE 19
~M=ETY & HEALTH PROGRAM
SECTION I
In order to maintain the highest standards of safety and health in the Fire
De~ and to eliminate, as much as possible, accidents, injuries, illness and death in
the fire service, a joint Union-Employer safety committee will be established within thirty
(30) days of Ihe effective date of this contract. The committee shall consist of two members
appointed by the Union and two members appointed by the Employer. The chairman shall
alternate from Union to Employer members quarterly.
SECTION II
The basic functions of the committee are as follows:
A Meet monthly on the second Fdday of the rnonth.
29
B. The preparation of the minutes shall be lhe responsibility of rite chair.
Such minutes shall become official only upon the adoption by both
parties at the subsequent meeting. A copy of these minutes shall be
fomrarded to the Fire Chief and the City Manager.
C. Make pedodic inspections, at least quarteHy, of fire department
facilities, apparatus, protective equipment, ~ve clothing and
devices.
D. Weekly apparatus reports shall be available for review at lhe monlhly
E. Make written recommendations for the correction of any hazardous
F. Review and analyze all reports of accidents, deaths, injuries and job
related illnesses. To promote the avoidance of such incidents in the
future, review and provide comment upon recommendations of investi-
G. Recommend modifications to standard operating I:m3cedures for on-
site medical care, transportation, hospital tests and other requirements
fol' on-duty employees injuries and illnesses.
H. Committee members shall suffer no loss of pay for time spent on
investigations, inspections, and committee meetings while on duty.
I. Safety Committee shall jointly recommend a Safety policy for
Department use.
J. A member of the Union Safety Committee shall be notified of any
on the job illness or injury which requires medical attention as soon
as reasonably possible as determined by the Battalion Chief.
All findings and recommendations of this committee shall be fonvarded to the Fire
Chief and the City Accident Review Board. The findings and reoomrnendati~ of the
SECTION IV
The Employer shall provide first aid and/or if necessary call for immediate
flanspoltation to ensure that the flrefighter receives professional medical care es soon as
possible. First aid shall consist of on-site b'ea{~¥rent and subsequent observation of minor
injuries which do not require medical attention.
SECTION V
In all cases where an employee who, in the perfon-nance of his duty, takes the life of
or causes the serious injury of another person, or is seriously injured as a result of the overt
act of another pemon, he shall with notification to the Fire Chief undergo a debriefing with a
City appointed psychologist or psychiatrist at the expense of the City, as soon as is
possible after the incident.
Additionally, if the employee after participating in any other job related traumatic
incident, shall with notification to tyro Fire Chief, undergo a debriefing with a City appointed
psychologist or psychiatrist at the expense of the City.
31
shall not be related to any Depa~b~nt investigation and nc~hing discussed within the
mental health infon'nafion privilege, as defined by state law may be reported to the
concerning anticipated length, dates, and times of treatment may be provided by the
i~ychologist or psychiatrist to the City upon request Any time lost as a msul~ o~ such
treatment shall be at lhe e,x~ense of lhe City. Hawever, should a treating psychologist or
psychiatrist determine lhat the employee's condition significantly impairs his/her ability to
pedomt his/her job, or presents a danger to co-workers, or citizens, the psychologist or
Serious injury shall mean the same as serious bodily injury as defined in the Texas
Penal Code*. Trauma shall mea~ a serious injury or stxx:k to the body, as from violence or
an accident including an emotional inj~,y that created substantial damage to the
*Serious Bodily Injury - Texas Penal Code 1.07 (a) (34) "Serious bodily injury"
means bodily injury lhat creates a substantial dsk of death or that causes death, serious
ARTICLE 20
STTUKES AND LOCKOUTS
The parties hereby recognize that strikes, lockouts, work stoppages, and slowdowns of
fire fighters are unlawful and are prohibited by law.
ARTICLE 21
EDUCATIONAL ASSISTANCE
SECTION I
Any full-time employee of lhe Fire Deflarb'nent enrolled in an accredited college
course will be reimbursed for tuition, required student services fees, building and lab fees
upon approval of his/her application for educational assistance by lhe,Fire Chief and City
~. Reimbursement is contingent upon completion of the course with a grade of
or beffer, proof of which must be supplied to the Finance Depa~'b¥,a'~t.
SECTION I!
Employees may submit application to the Fire Chief for attendance of job related
seminars n'~,,ing the criterion of Section III. Upon approval of application, tyro City shall
pay for lhe seminar. Notices of seminars, symposiums, and special schools received by
the Fire Department shall be placed in ate Union box for distribution in order that interested
members may make application.
SECTION III
The course work or seminar must relate to the applicant's present position for the
1. Improving sldlls or knowledge required in his present position.
2. Preparing the employee for significant technological changes occurring in his
career field.
3. Preparing the employee for assumption of new and different duties.
SECTION IV
Upon completion of course wo~ for which the employee has received
reimbursement from the Employer for costs incurred, the employee must remain in the
service of the Employer for two (2) years, otherwise all sums paid by the Employer must be
reimbursed by lhe employee to the Employer. This would not apply in lhe case of a layoff.
ARTICLE 22
SPECIAL PAY PROVISIONS
SECllON I
All cedJfied divers assigned diving duties shall be compensated at twice their regular
houdy rate from the time they arrive at the diving operation and begin preparing to dive until
relieved of such duty by the Battalion Chief. Ail other fire personnel on regular duty at the
scene, including certified divers who am not actually involved in diving, will be paid at their
might =~en~isa be applicable.
SECTION II
Except in the casa of possible life saving dives or other emergencies requiring
immed'~te action, it shall be required that at least two (2) qualified divers be present to
assist and/or dive at all diving operations.
SECTION El
Certified divers who are called back to work from off-duty to pedorm diving duties
shall be paid a minimum of two (2) houm pay at twice their base rate of pay.
SECTION IV
Personnel assigned to airpack repair and certirmd to perkxm such airpack repair
test shell receive an additional $20 dollars per month in addition to otfler pay provisions.
Personnel assigned to airpack repair are at the disc~-~on of the Fire Chief.
SECTION V
Special pay for individuals assigned to the high angle and confined space rescue
teams shall be $20.00 per month.
ARTICLE 23
SECTION I
Effective October 1, 2002, City of Port Arthur Fire Fighting persortrtel who provide
certification pay in the amount of $25.00 (twenty-five dollars) per month. Effective October
1, 2002, City of Port Arthur Fire Fighting personnel who provide proof of receipt of
certification at the Advanced Structural Fi~e;'~ghter level shail receive certification pay in 1he
amount of $50.00 (rdty dc~;ars) per month. Effective October ~, 2O02, C~y of Port Arthur
F;~e;~hter level shall receive certification pay in the amount of $100.00 (one-hundred
dollars) per month. Ail c~tJficatJons shall be issued by the Texas Commission on Fire
Protection. Employees will ortly receive payment based off the highest structural certificate
held.
SECTION II
Employees who obtain and maintain an Emeq~ncy Care Attendant, or higher,
certification shall receive certification pay in the amount of $25.00 per
Employees who oomplete a I'm~.~ ~3us materials emergency response lmining
program, and who maintain the necessary refresher course hours, meeting the
requirements of OSHA 1910.120 at the awareness level, or higher, shall receive additional
pay in the amount of $25.00 per month.
ARTICLE 24
TEMPORARY DUTIES IN HIGHER CLAS~FICATION
When dete~nining who will temporarily fill a position in a higher classification,
passing the test. If more "Acting Pos'~ons" are needed to temporarily fill a position in a
higher classification, lhose positions shall be filled based on rank seniority by shift from lhe
next lower rank. Exception(s): 1) At shift change, if above procedure would disrupt
department operation. 2) Fire Chief may disregard above procedure for cause on a case by
case basis. 3) An employee may request in writing, stating lhe reason(s) he/she does not
wish to act, that his/her name be removed from 'Acting PositioiY' consideration.
An employee acting in a higher classification shall be compensated at the base
salary of the position plus his own longevity or seniority pay, education incentive pay,
and certification pay during the time he performs the duties, provided however that
when an employee's total accumulated hours (consecutive and non-consecutive) acting
in a higher classification shall exceed 1378 he shall be compensated at the six 6 month
salary step of the position plus his own longevity or seniority pay, education incentive
pay, and certification pay during the time he performs the duties.
ARTICLE 25
SECTION I
The employer shall provide to each new employee the following:
1. Two (2) uniform shirts
2. Six (6) tee shirts
3. Four (4) uniform pants
4. One (1) coat or jackat
5. One (1) black belt
6. One (1) Fire Departme~ cap
7. One (1) bedge
8. One (1) neme tag
The Employer shall replace any of the above items as r=cded, es de~rmined by the
Clothing Officer or other appropriate representative of management.
SECTION II
The Employer shall provide, maintain and replace personal protective clothing and
equipment in accordance with State and Federal requirements.
ARTICLE 26
~MERGENCY MEALS
SECTION I
All fire fighters engaged in the performance of duties including but not limited to fire
fighting and olt~r emergency work and are required to perform such duties away from a tim
station shall be furnished beverages as needed and meals of ~ quantity and
ARTICLE 27
COMPEN~I%TORY TIME
SECTION I
The Fire Department shall O~-a~ compensatc~y time at the rate of one and one-half
Fire Prevention Week~ with prior approval by the Fire Chief.
SECTION II
All schools, seminars, training or special Fire Department activities where
attendance or participation outside regular hours is mandatory shall be paid in overtime.
SECTION #1
Employees shall be allowed to schedule cornpertsatory time up to thirty (30)
calendar days in advance of the requested time off, if the Battalion Chief detennirms that
the requested compensatory time is available.
C.,ompensato~ time must be taken in 12-hour increments unless rite employee has
less than 12 hours. In such case, all hours must be taken at tile same time.
· SECT'ION N
Any compensatory time not taken be~'one separation of employment shall be paid in
accordance with the Fair Labor Standards Act.
SECTION V
Vacation, holiday, compensatory time, or death in Ihe family leave shall be dc.."'ned
as hours worked for purposes of qualifying for compensatory time at the rate of time and
one-half.
ARTICLE 28
,PEN, SiON
Dudng the term of this agreement, employees shall continue to participate in the
Fireman's Relief and Retirement Fund in accordance wilh and subject to the provisions of
the statues of the State of Trams now applicable oras they may hereafter be amended.
The contributions paid by the City for the Firefighters into lhe Firemen's Relief and
Retirement Fund shall be in accordance with state statutes and shall be paid at a rate equal
to the percentage rate paid by the City into the pension plan of the Texas Municipal
Retirement System for all olhe~ employees c~ the City.
Pursuant to the Social Security Act, the Employer also agrees to pay Ihe Employer's
share of the Federally established Medicare premium on behalf of all permanent
39
ARTICLE 29
NEL fiLES
SECTION I
Any time Ii,at material is to be placed in an employee's file concerning performance
it is agreed that a copy of the document shall be made available to said employee prior to
lhe time that it is made operative and a part of his/her personnel file.
Any member of the bargaining unit may review his/her own personnel file under
supervision during regular office hours. Ail employees shall notify the Employer in advance
of his/her intent to view such file in order that a reasonable time may be mutually agreed
In the case of an emergency, the foregoing advance notice requirement shall be
waived, if alc~opri~ supewisory personnel are on duty to supervise lhe file review.
SECTION II!
Nothing in this article shall diminish the rights granted under Section 143.089 of flqe
Local Government Code (Fire and Police Civil Service Act.)
40
ARTICLE 30
WAGES
SECTION I
]o~o~aoo~I ~o~o]~oo~I ~o;o~oo?
2.~% 2.~%
Fil~hter I 38~191.16 39~145.94 40,124.59
2 39,741.71 40,735.26 41~753.64
3 41,260.33 42~291.84 43~349.14
4 42,813.28 43~883.62 44,980.71
5 44~329.02 45~437.25 46t573.18
6 44~739.11 45,857.59 47~004.03
Fire En~neex 1 46~669.98 47~836.73 49~032.64
2 48~928.82 50,152.04 5L405.84
Fire Captain 1 51~132.91 52~411.24 53,721.52
2 53~443.86 54~779.95 56,149.45
AssL Fire Ma~h,! 1 51~132.91 52,411.24 53~721.52
2 53~443.86 54,779.95 56,149.45
Fire Marshal I 55~876.77 57~273.69 58~705.53
2 58,488.31 59~950.52 61~449.28
Battalion Chief 1 55~876.77 57,273.69 58~705.53
2 . 58~488.31 59,950.52 61~449.28
Deputy Chief I 61~102.74 62,630.30 64,196.06
2 63,833.61 65,429.45 67~065.19
SECTION#
The entry level tim fighter salary shall be effective from the date of completion of
the fire academy and subsequent fire fighter salary steps shall be calculated from the
date of completion of the fire academy.
41
ARTICLE 31
hours of 2,756 for all pemonnel, except that personnel regularly assigned to tim prevention
services (i.e., Assistant Fire Marshal and Fire Marshal) work 2,080 annual hours.
ARTICLE 32
AFl:IRMA 'liVE ACTION
The Union and Employer agree that the present composition of females and
minorities in the Fire Department does not reflect the composition of females and minorities
in the City of Port Arthur. It is the desire and commitment of both parties that the make-up
The, e;'~re, in order to ensure that sufficient minority and female candidates apply for
future Fire Department vacancies, intensive recruiting efforts directed at minorities arid
women will be implemented by each party.
ARTICLE 33
C0NFUCT WITH CML SERVICE LAWS
This Agreement shall take precedence over state or local civil service provis'~ns, to
the extent of any conflict therewith, as provided by Section 20(b) of ArUcle 5154 C-1,
V.A.T.S., now codified as Chapter 174 of the Texas Government Code Annotated, the Fire
and POliCe Employee Relatior~s. Act.
42
ARTICLE 34
__u_!._e,C~=,LANEOUS PROVISIONS
SECTION I
A copy of this agreement shall be given to each employee, and alt rules, regulations,
and policies pertaining to employees shall be in writing and shall be available at every fire
station.
SECTION I1
All employees shall be entitled to have a Union representative present at any
meeting with the Fire Chief or other Employer representative pertaining to an oral or w,;i~an
reprimand, suspension or any other disciptinenj matter. An oral reprimand shall be
defined as a verbal reprimand, which is documented in writing and made a part of the
employee's file.
SECTION I#
Employees shall be paid by chec~ every two (2) weeks.
SECTION IV
Upon notification to the Captain on duty, employees shall be allowed to standby for
an employee reporting late-for his/her shift; provided, however, that such standby
anangernent is mutually agreeable and understood by all parties to constitute a shift
exchange not exceeding two (2) hours. The Captain shall noti~j the Battalion ChieFs of all
such standbys.
SECTION V
Employees may be granted up to five (5) personal business days without pay per year.
43
ARTICLE 35
If any provision of this Agreement is subsequently declared by competent judicial
authority to be unlawful or unconstitutional, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
ARTICLE 36
IMPASSE
in accordance with the charter provision, in the event that the City of Port Arthur and
the Association, Union, have reached an impasse as defined under Vernon's Annotated
Civil Statutes of Texas, Article 5154c-1, Section cd now codified as Chapter 174 of t~
Texas Government Annotated, the Fire and police Employee Relations Act.
(a) Either party to the dispute, after written notice to the other party containing
specifications of the issue or issues in dispute, may request arbitration not more than once
during any fiscal year. In the event that one party makes a request for arbitration, then both
parties shall submit all issues in dispute to arbitration. The issues to be submitted to
arbitration shall be all matters which the parties have been unable to resolve tY~ough
collective bargaining.
(b) Arbitration invoked under this Article shall be conducted by the parties pursuant
to the procedures, duties, requirements, and rights as set forth in Vemon's Annotated Civil
Statutes of Texas, Article 5154c-1, Section 9, 10, 11, 12, 13, 14 and 1.5; now codified as
Chapter 174 of the Texas Government Code Annotated, the Fire and Police Employee
Relations Act, except that Vernon's Annotated Civil Statutes of Texas, A~ticle 5154c,-1,
Section 10(b) now codified as Chapter 174 of the Texas Government Annotated, the Fire
and Police Employee Relations Act, shall be specifically excluded and not apply herein.
In any subsection, sentence, clause, or phrase of this section or the application of
same to a particular person, or to a particular set of circumstances, should for any reason
be held invalid, such invalidity shall in no way affect the remaining portions of this section
and to such end the vadous portions and provisions of this sectio~ am declared to be
severable.
*Provided, however, should this charter provision be repealed by the cltizans of the
City of Port Adhur dudng the term of this collective bargaining agreement, this article shall
automatically become null and void in this collective bargaining agreement.
ARTICLE 37
SUCCESSORS AND ASSIGNS
SECTION I
This agreement shall be binding upon the successors and assignees of the parties
hereto during ~ term of this Agreement; and no provisions, terms or obligations herein
contained shall be affected, modified, altered, or changed in any respect whatsoever by the
consolidation, merger or annexation, transfer or assignment, of either party hereto, or
affected, modified, altered or changed in any respect by any change in the ownership or
management of either party hereto, or by any change geographically of place of business
of either party hereto.
45
ARTICLE 38
HIRING
SECTION I
The hiring and eligibility list placements for beginning positions in the fire
department shall he in accordance with the provisions of the Texas Local Government
Code Chapter 143, Municipal Civil Service.
ARTICLE 39
APPOINTMENT,OF THE DEPUTY FIRE CHIEF
SECTION I
The department head may appoint one person to the Deputy Fire Chief position.
The qualifications for appointment and removal and the rights of the appointed person shall
be in compliance with the applicable Sections of 143.014, Local Government Code.
SECTION II
Membem of the department may refuse appointment to the Deputy Fire Chief
position. A person appointed to the Deputy Fire Chief position shall have the right to be
removed from the position at his/her request.
SEC'FION III
In lite event that a person appointed under this article is removed and reinstated to
his/her classified position before appointment, no member of the bargaining unit shall be
demoted or terminated as a result of the appointee's reinstatement to his/her previous
F.~M~Ly MEDICAL LEAVE ACT
The Fmnily Medical Leave Act shall be governed by the City of Port Arthur
Personnel Policy. The City of Port Arthur and the International Association of Fire Fighters
Local 397 in compliance with the Family Medical Leave Act (FMLA) codified as 29 USC,
Section 2601, et seq. do hereby incorporate herein, and make pat hereof, said ACT as
part of this agreement as if fully delineated herein. All employees are subject to Section 17-
82 (h) Family ,Medical Leave Act Policy as delineated herein below. Provided, however,
that the City is hereby empowered to make modifications consistent with Depat~nent of
t.~]or (DOL) interpretations and with mandated and/or statutonj requirements.
Family Medical Leave Act Policy
In recognition, and support, of the Family Medical Leave Act the City of Port Arthur
hereby sets fodh its policy regarding 1S3e usa of leave under the Family Medical Leave Act
(FMLA), codified as 29 USC, Section 2601, et seq. This policy shall become effective
concomitant with the effective date of the Act which is August 5, 1993 for non-Civil Service
The Family Medical Leave Act shall apply to employees covered by a Collective
Bargaining Agreement on the date the Collective Bargaining Agreement terminates, but not
latar than February 5, 1994.
~.[g[~J~q[[~ - All employees who have been employed with the City at least
12 months at the time the leave begins and who have completed et least 1,250 hours of
service with the City during the previous 12 month pedod.
47
Hustmncl ~ W~fe Employed BY the City - (i) the ~'egate leave for both spouses
is limited to 12 ~,",s during ~ 12-month period for the birth or placement of 8 son o~
daughter or to cam for a sick parent; (ii) if one spouse is ineligible for FMLA leave, the
other spouse would be entitled to a full 12 weeks of FMLA leave; (iii) for their own serious
health condition, or to care for their spouse or son or daughter, each spouse would be enti-
fled to a total of 12 weeks of leave dudng any 12-nlo.[h period.
EliRible Leave Events - Eligible employees, male or female, may take up to a total Of
12 ~-cc.*-.s unpaid, job protected leave for the birth of a child of the employee or placement
of a child with the employee for adoption or foster cam; for ~ employee fo care for the
employee's child, spouse, or parent who has a serious health condition; and/or, for the
employee's own sedous health condition which makes the employee unable to perform the
functions of the position of ~ employee.
· ~ious Health Condition - A serious health condition as defined by the FMLA is any
(i) any period Of incapacity or treatment in connection with, or consequant to
inpatient care in a hospital, hospice, or residential medical care facility;,
(ii) continuing treatment by, or under the supervision of, a health cam
provider; or
(iii) prenatal cam.
II
Eligible employees desidng to utilize leave authorized under the Family Medical
Leave Act must do the following:
48
(i) Notify their supervisor in wdtin~l at least 30 days in advance, whenever
practicable, of their desire to take leave pursuant to the Family Medical
Leave Act.
This written notice shall include written certirmation from the attending
physician when the reason for the leave request involves a serious heallh
condition as defined herein.
This written notice shall include the eligible condition for which the leave is
medical certifications as required, and the employee, or his designate's,
s ature.
Approval lines shall be provided for the Department Head, Director of
Personnel and City Manager.
(ii) Eligible employees shall exhaust all accrued leaves (i.e. vacation, sick leave,
compensatory, etc.) as part of the leave designated pursuant to FMLA prior
to going on unpaid FMLA leave. Provided, however, when leave is
requested due to a qualifying event as defined by the statute, eligible
employees first exhaust accrued vacation end/or compensatory time prior to
using accrued sick leave if the requested leave is for a qualifying event other
than the employee's own serious heaith condition.
The aforementioned paid leave shall count toward satisfying the maximum 12
week FMLA requiremenL
III
Employees taking leave under the Family Medical Leave Act, subject to the
provisions of the Personnel Policy, shall be restored to their former position, or to an
equivalent position as dafined by the FMLA, upon return from leave.
The City may deny restoration, pursuant to FMLA to 'l~ey" salaried employees who
are among the highest ten percent of ~ employees employed by lhe City within 75 miles
of the City. Such denial may take place if a deteffnination is made that the restoration
would cause substantial and gdevous economic injury to lhe operations of the employer;
and the employee on leave is notified in writing at the time the determination of economic
injury is made and elects not to return to work by (i) formally stating his/her decision not to
tatum or (ii) not responding within ten (10) days after receipt of notification.
N
Employees will not accrue vacation or sick leave during any month in which they are
on FMLA designated leave for more than one-half the
V
Eligible employees will continue to be covered by the City's heallh insurenco while
on FMLA designated leave.
Employees will be required to pay their portion of the dependent health insurance
premium. Such payments will be deducted while lhe employee is on paid leave; however,
when Ihe employee is on UN-PAID FMLA leave he or she is responsible for making the
required payments to the City. Failure to make such payments could result in the
termination of dependent coverage.
VI
Records relative to compliance wi~ lhe Family Medical Leave Act shall be
maintained by City departments for lhree years from the date such leave is requested. The
Personnel Department shall maintain all records regarding leave under the Family Medical
Leave Act as part of the employee's Permanent Personnel File.
VII
Complaints regarding an employee's treatment relative to the Family Medical Leave
Act shall first be registered with the Department Head, then the Director of Personnel, and
next with the City Manager. if an employee is unsatisfied with results after these levels, he
or she may register a complaint with lhe Wage and Hour Division of the U.S. Department of
Labor. Complaints filed with the Wage and Hour Division must be filed within a reasonable
time period after the employee believes his or her dghts under FMLA have .bcc,~ violated
and within the time pedods provided in the Act.
ViII
If any provision of this policy conflicts wilh any provision of FMLA, then lhe FMLA
provision shall prevail.
51
ARTICLE 41
PORT ARTHUR FIRE DEPARTMENT
DRUG AND ALCOHOL PoLICY
A. Policy Statement
It is the joint responsibility of the City of Port Arthur and the Firefighters of the City of
Port Arthur to ensure the public trust and safety of our citizens and fellow employees.
Further, it is the obligation of the Firefighters of the City of Port Arthur to perform public
services while in optimal mental and physical condition in order to achieve maximum
efficiency and productivity. The City of Port Arthur recognizes that the on-the-job use
of and/or being under the influence of illegal drugs, controlled substances, and alcohol
results in serious and costly adverse job-related conditions which threaten the personal
health, safety, and well-being of the affected employee, fellow employees, and the
citizens of Port Arthur.
Further, the City recognizes that the unlawful manufacturing, distributing, dispensing,
possessing, or using of a controlled substance or illegal drugs in the workplace is a
criminal activity. Therefore, the City of Port Arthur prohibits unlawful on-the-job
manufacturing, distributing, dispensing, using, or possessing of a controlled substance
or an illegal drug; and prohibits being intoxicated on the job by reason of the introduc-
tion of alcohol, a controlled substance, a drug, or any combination thereof, into the
body; and prohibits using or possessing alcohol on the job; and hereby establishes a
policy with the intent to eliminate substance abuse and its effects in the workplace of
the City of Port Arthur.
As a condition of employment, an employee shall abide by this policy and within five (5)
days of conviction shall notify his/her Battalion Chief of any criminal drug statute
conviction for a violation occurring in the workplace. Said Battalion Chief shall
immediately notify the Fire Chief who in turn shall immediately notify the City Manager.
B. Purpose
It is the purpose of this policy to set forth the guidelines under which the City will
actively enforce the prohibition of unlawful on-the-job manufacturing, distributing,
dispensing, using or possessing a controlled substance or an illegal drug; and prohibi-
tion of being intoxicated on the job by reason of introduction of alcohol, a controlled
substance, a drug, or any combination thereof into the body and the prohibition of using
or possessing alcohol on the job. Specifically, this policy will identify, for the purposes
of guidance but not limitation, job-related behaviors which will trigger reasonable
suspicion that violation of the policy may have occurred.
52
Further, the policy will set forth the consequences, which will result, when a violation of
the policy is confirmed.
C. Scope of Application
This policy applies to all Firefighters of the City of Port Arthur. This policy covers
alcohol, all controlled substances, and all drugs, legal or illegal, which could impair an
employee's ability to effectively and safely perform the functions of his/her job. Unlawful
on-the-job manufacturing, distributing, dispensing, using or possessing a controlled
substance or an illegal drug; and being intoxicated on the job by reason of the
introduction of alcohol, a controlled substance, a dru[1 or any combination thereof, into
the body, and using or Possessing alcohol on the job, is expressly prohibited by this
policy. Violation of this policy will result in appropriate disciplinary action up to and
including termination of employment.
If there is a reasonable question whether the employee can safely and effectively
perform assigned duties while using any prescribed medication(s), the employee will be
required to obtain a written statement addressing any restriction from the physician
prescribing the drug(s). In accordance with the physician's written statement, the
Battalion Chief or Fire Chief shall determine whether or not the employee will (1) be
allowed to continue with normal work duties, (2) be placed in a temporary restricted job
if available, (3) be given altered job responsibilities in accordance with the foregoing, or
(4) be required to utilize sick leave until the effects of the medication subside or the
medication is no longer medically necessary. If a question arises about the Fire Chief's
decision, it shall be handled according to Local Government Code 143.081.
Individuals whose drug or alcohol problem classified them as handicapped under
federal and/or state law shall not be discriminated against due to such handicap status
in the application of this policy. Any individual claiming handicap status must provide
medical documentation of such condition.
When drug screening is required under the provisions of this policy, a urinalysis test
will be given to detect the presence of only the following drug groups:
1. Amphetamines 9. Propoxphene (e.g., darvon)
2. Barbiturates 10. PCP
3. Benzodiazepine (e.g.,valium)
4. Cocaine
5. Marijuana
6. Methaqualone
7. Methadone
8. Opiates
D. Enforcement
The enforcement of this policy will reside with the Fire Chief as the administrator of this
contract. Enforcement of the policy may result in appropriate disciplinary action up to
and including the termination of employment for those employees who violate the
policy. However, the disciplinary action described herein shall not be construed as to
limit or apply in lieu of the disciplinary procedures prescribed for violations of other Fire
Department work rules or regulations, City ordinances, state or federal law, nor shall it
preclude the Fire Chief from imposing more severe appropriate disciplinary action,
including immediate termination, when the circumstances of the violation warrant more
severe discipline.
E. Definitions
1. On-the-lob: the employee is considered to be "on-the-job" while on duty
or while designated as being "on-call". Employees who are authorized to
operate or ride in City vehicles are considered to be on duty at all times
while operating, driving, or dding in a City vehicle.
2. DrUR: has the meaning assigned by Subdivision (16), Section 481.002,
Vernon's Texas Health & Safety Code and includes the meaning assigned
by 21 U.S.C., 802 and includes any controlled substance analogue as
defined by subdivisions (5) and (6) of Section 481.002 and by U.S.C.,
802.
3. Illegal DruQs: any drug which cannot be legally obtained, or which, al-
though it can be legally obtained, has been obtained in violation of the
Texas Controlled Substances Act, Char)tar 481, Vemon's Texas Health &
Safety Code or Federal Controlled Substances Act, 21 U.S.C., 801 et
seq.
4. Leeal Dru~s: any drug, which may be legally obtained through
prescription or over the counter.
5. Controlled Substance: has the meaning assigned by Subdivision 5(~
Section 481.002 Texas Controlled Substances Act Chapter 481, Vernon's
Texas Health & Safety Code and includes the meaning assigned by 21
U.S.C., 802 and includes any controlled substance analogue as defined
in subdivision (6) of Section 481.002 and in 21 U.S.C., 802.
6. Alcoholic beverage: has the meaning assigned by Section 1.04 (1),
Alcoholic Beverage Code.
7. Intoxicated: means (A) not having the normal use of mental or physical
faculties by reason of the introduction of a controlled substance, a drug,
or a combination of two or more of those substances into the body; or (B)
having a blood alcohol concentration of 100 Mg/dl or more.
8. Articles of Agreement: The Collective Bargaining Agreement between the
City and the Firefightars Union.
*9. All references in this policy to alcohol or to possession or use of alcohol
shall refer to an Alcoholic Beverage as defined in E. #6.
10. Possessing or possession of alcohol: refers to bodily possessing an
alcoholic beverage while on the job. The mere presence of sealed or
unopened alcoholic beverages in a personal vehicle or boat shall not
constitute possession of alcohol.
At employee's expense or employee shall bear all expenses: shall mean
that the employee shall be responsible for all treatment and/or rehabilita-
tion cost not covered or paid for by or under the City's health insurance
plan.
F. Reasonable Suspicion
Reasonable suspicion shall be based on objective facts and/or observation of
employee conduct behavior while on the job. For purposes of guidance, the following
factors may be considered, along with the circumstances in each case, in determining
whether or not reasonable suspicion exists:
Presence of more than one of the physical symptoms of drug or alcohol use (i.e.,
glassy or bloodshot eyes, slurred spccch, alcohol odor on breath, poor coordina-
tion and/or reflexes) verified by a second supervisor.
An unusual on-the-job accident or injury when physical symptoms of drug or
alcohol use are present.
Unprovoked physical or verbal altercation.
Erratic or bizarre behavior.
Possession of alcohol, or illegal drugs.
Signed written information obtained from a reliable person with personal
knowledge.
Self-admission of intoxication or being under the influence of illegal drugs and
abused legal drugs.
Direct observation of alcohol use or possession on the job.
Direct observation or knowledge of unlawful manufacturing, distributing,
dispensing, possessing, or using illegal drugs or controlled substances on the
job.
G. Random Dru~q and Alcohol Testing
All fire fighters of the department shall submit to random drug and alcohol testing as
selected by manual random sample.
The City may randomly test up to 50% of all fire fighters during a one-year period. All
testing will be performed at City expense. All testing will be split sample testing. All
random testing shall be conducted at Forward Edge, Inc. In the event Forward Edge,
Inc. is unable to perform random testing to meet the conditions of this agreement, a
mutually agreed, alternate drug testing facility will be utilized.
In the event of a critical incident or reasonable suspicion of drug or alcohol use, the
City may use a licensed medical facility for testing.
H. Unlawful On-the-Job Manufacturing, Distributir~l, DispensinR or Possessing.
Controlled Substances; Criminal DruR Statute Convictions, Indici~-~ents and
Complaints
Employees who unlawfully manufacture, distribute, dispense or possess a controlled
substance or illegal drug while on the job are in violation of the drug free workplace
policy and subject to appropriate disciplinary action including termination, shell be
reported to the Police Department. Any criminal indictment or conviction involving a
felony, class A or B misdemeanor covered under this policy shall be handled under the
provisions of Local Government Cede 143.056.
Reasonable Suspicion of On-the-Job Use of IIl.eRal DmRS, and/or . Intoxication
on the Job by Reason of the Introduction of a Controlled Substar}ce, a Druf:l, or a
Combination Thereof
Upon reasonable suspicion by an employee's supervisor that an employee is
intoxicated on the job by introduction of a controlled substance, a drug or a combination
thereof, or is using an illegal drug on the job, the supervisor shall, in the presence of
the employee and any representative requested by the employee (the employee will be
responsible for contacting the representative and the procccdings will commence within
30 minutes regardless of whether or not the representative has arrived), present the
facts upon which the reasonable suspicion is based to the next higher level of
supervision up to the Fire Chief who shall evaluate the situation and determine whether
the employee shall be directed to the chosen hospital for a drug analysis. Refusal of
the employee to submit to a drug analysis ordered upon reasonable suspicion, or
refusal to sign a consent form (copy attached as Exhibit A), shall subject the employee
to possible termination.
The Employee may also, at his/her own expense, utilize a federally certified NIDA
laboratory for obtaining an independent analysis. That additional sample must be
taken within one (1) hour of the time that the test is conducted at the City's chosen
hospital and both the City's and employee's laboratories and its testing procedures
must meet guidelines for a federally certified NIDA laboratory set forth by the
Department of Health and Human Services for substance abuse testing. If the
employee chooses to use such results on an appeal, the test results must be accompa-
nied by the chain of custody form and a sworn affidavit from the individual securing the
sample from the local facility stating that the results were derived from urine obtained
from the employee with the date and time of urine collection specified. The Fire Chief
may, if he deems it necessary, suspend an employee with pay during the pendency of
the City's drug analysis.
The Fire Chief, or his designee, shall immediately point out and give notice to the
employee that the consent form (a copy of which is attached hereto) states that if a
refusing employee does not file a written grievance within three (3) working days after
said consent form is given to the employee, the employee shall be terminated. Said
grievance shall be pursuant to and in accordance with the grievance procedure in the
Articles of Agreement except that it must be filed within said three (3) day padod and
shall be filed directly with the City Manager. A refusing employee shall keep one copy
of the consent form and date; sign the receipt on the other copy, and immediately
return it to the issuing supervisor.
After giving said notice and during the pendency of this grievance, the Fire Chief may,
if he deems it necessary, suspend said employee with or without pay. If the employee
is exonerated, the employee shall be reinstated and all lost pay and benefits shall be
restored. However, if a refusal is found unjustified by the City Manager, then the Fire
Chief shall be authorized to impose appropriate disciplinary action he deems warranted
by the facts and circumstances, up to and including termination.
Employees refusing to undergo testing shall be offered transportation home. If the
employee insists on driving, the Police Department shall be immediately notified.
Employees undergoing the test shall also be offered transportation home following the
test. If the employee insists on driving, the Police Department shall be notified of the
employee's suspected condition.
Within three (3) hours following the instructions to submit to an analysis, the Fire Chief
or his designee shall make available written reasons to the employee for ordering the
analysis.
Within three (3) business days following the instructions to submit to analysis, the Fire
Chief, or his designee, shall provide a written report to the Personnel Department of the
facts constituting reasonable suspicion that the employee was intoxicated on the job or
was using or possessing illegal drugs or controlled substances on the job. The
employee shall also, within the said time be provided with a copy of the written
documentation.
57
If the results of the initial drug screen are positive, the employee shall be instructed to
provide bona fide verification of a valid current prescription, or the name of the over-
the-counter medication, containing the drug identified in the drug screen. If the
employee does not provide said verification within the next business day of the request,
the sample shall be submitted for a confirmatory test utilizing the GC/MS method. If the
confirmatory test results are positive, there will be a medical interview with the
employee to ascertain whether the identified drug was legally obtained or other
reasonable explanation of the substance found. If the medical interview does not clear
the employee, the employee will be subject to disciplinary action as described herein.
Exhibit D outlines the spoclfic procedures under which the screen and confirmatory
tests shall be conducted and the cut off levels for each test and substance to be tested
for.
If the results of either the initial drug screen or the confirmatory drug tests are negative,
the employee shall be placed immediately beck at work, without loss in pay or benefits,
and all records pertaining to the incident shall be destroyed.
J. Reasonable Suspicion of On-the-Job Intoxication. Use. or
P0ssassiop, .of Alcohol
Upon reasonable suspicion by an employee's supervisor that an employee is
intoxicated on the job by reason of the introduction of alcohol, or has consumed alcohol
or possesses alcohol on the job, the supervisor shall, in the presence of the employee
and any representative requested by the employee (provided the representative arrives
within thirty (30) minutes), present the facts upon which the reasonable suspicion is
besed to the next higher level of supervision up to the Fire Chief who shall evaluate the
situation and determine whether the employee shall be subject to disciplinary action.
Disciplinary action for on the job use of, possession of, or intoxication by, alcohol shall
be besed on clear and convincing evidence and shall be as follows:
First Offense 15 day suspension without pay and recommended to
participate in an alcohol rehabilitation program of the
employee's choice and at employee's expense.
Second Offense 30 day suspension without pay and requirement to
participate in an alcohol rehabilitation program at
employee's expense. The supervisor shall refer the
employee to an alcohol or drug abuse counselor in
the Port Arthur Health Department Drug Abuse Clinic
for referral to an appropriate rehabilitation program.
Third Offense Termination.
Violations are cumulative throughout the employee's service with the City.
Refusal to participate in an alcohol rehabilitation treatment program when required by
the Fire Chief or his designee, including failure to successfully complete the selected
program, without proper and sufficient justification, shall subject the employee to
immediate termination.
Any employee suspended or terminated for on-the-job intoxication, use or possession
of alcohol shall be provided with written notice prior to the suspension or termination.
The employee shall have the right to appeal any such suspension or termination
through the appeal procedure in the Articles of Agreement.
Any employee charged with alcohol intoxication may request a blood alcohol test to
determine the level of alcohol in his/her system. The request must be made at the time
that the employee is notified of the suspension or termination. The blood alcohol test
shall be administered by the City's chosen hospital within a one (1) hour period of time
and the employee must sign the consent form attached as Exhibit B. The employee
may also at his/her own expense utilize an independent laboreto~y. The additional test
must be conducted within one (1) hour of the time that the test is conducted at the
City's chosen hospital. If the employee chooses to use the results fi.em the
independent lab in an appeal, the results must be accompanied by a sworn affidavit
from the individual securing the sample at the local facility that the results were derived
fi.om blood drawn fi.om the employee with the date and time of collection specified. If
the blood test can demonstrate that he/she wes not intoxicated as defined in Sec. E.
#7, the suspension or termination shall be revoked and the employee shall be reinstat-
ed without loss of pay or benefits.
K~ Employee's Ri,qht to Grievance and Appeals Procedure
The grievance procedure in the Articles of Agreement shall be available to employees
who desire to grieve a requirement to submit to a drug analysis. The legal validity of
the chemical substance testing program shall not be subject to the grievance
procedure, but only its application in the case of an individual employee shall be
subject to the grievance procedure.
Employees may utilize the appeal procedure in the Articles of Agreement to appeal any
suspension or termination under this policy; however, an employee who refuses to
submit to a drug analysis must file his/her appeal directly with the City Manager within
three (3) working days. As with all other appeals, if the Manager refuses to overturn
the suspension or termination, the employee may elect arbitration.
For the purpose of this policy, a suspension for 30 days or less shall not constitute an
indefinite suspension.
L. Consequences of Confirmed On-the-Job Use of Controlled
Sub~_nce or an Ille!:lal Drufl and/or Bein~l Intoxicated On
the Job by Reason of the Introduction of a Controlled
S,_,b_~!ence, a Dm,q, or Any Combination Thereof
Employees testing positive on confirmatory analysis for illegal and/or intoxicating drugs
(whose legitimate use cannot be venfied by a bona fide prescription or legitimate use of
an over-the-counter medication) shall be given a fifteen-day suspension without pay for
the first violation and shall be recommended to enroll in a drug treatment program of
their choice and at their expense.
If hospitalization is medically necessary and the treatment program extends beyond the
f'~een-day suspension, the employee may utilize accumulated sick leave, accumulated
vacation, compensatory time and/or personal business to complete the program. Upon
the employee's return to work after the fifteen-day suspension (and any additional
authorized leave days approved for treatment-related absences), the employee shall be
tested again for drugs. The employee will also be tested approximately every thirty
days (the employee may be tested more frequently upon reasonable suspicion) for a
probationary pedod of two months. If a confirmatory test presents a positive result, the
employee shall be suspended for thirty (30) days without pay and shall be required to
participate in a drug treatment program. The supervisor shall refer the employee to a
drug abuse counselor in the Port Arthur Health Department Drug Abuse Clinic for
referral to an appropriate treatment program. The employee shall bear all costs
associated with the treatment program.
The employee will be allowed, where hospitalization is medically necessary, and
additional time beyond the thirty-(30) day suspension is necessary, to utilize
accumulated sick leave, vacation, compensatory time, and/or personal business to
seek professional treatment for drug addiction. If the employee's test results are not
positive upon the employee's return to work, the employee shall be placed back at work
and will be monitored and retested approximately every thirty days (the employee may
be tested more frequently upon reasonable suspicion) for a probationary period of two
months. If the employee does not again test positive within the probationary period, the
employee will resume normal duty. If the employee tests positive at any time during the
two-month probationary pedod following the 30-day suspension, the employee shall be
immediately terminated.
A second violation of this policy at any time, regardless of the time span separating the
violations, shall result in a thirty-day suspension and the requirement to participate in a
drug treatment program. Refusal to participate in a drug treatment program when
required by the Fire Chief or his designee, including failure to successfully complete
the selected program without proper and sufficient justification, shall subject the
employee to immediate termination. A third violation of -this policy at any time,
regardless of the time span separating the violations, shall subject the employee to
immediate termination.
M Voluntary Referral for' Rehabilitation
At any time prior to an order of substance testing or an incident of on-the-job
intoxication, use, or possession of alcohol, employees will be allowed to voluntarily
submit to a program of drug or alcohol rehabilitation. Said employees shall suffer no
penalty for said disclosure; however, the employee shall not be permitted to remain in a
position requiring the operation of City vehicles or supervisory responsibilities until
successful rehabilitation has occurred. Where hospitalization is medically necessary,
the employee shall be allowed to utilize accumulated sick leave. The employee shall
be allowed to utilize accumulated vacation, compensatory time and/or personal
business to seek professional treatment for alcoholism and/or drug addiction. An
employee shall be allowed to volunteer for rehabilitation only one time per employment
period with the City.
To assist the employee in locating an appropriate drug or alcohol treatment program,
the Fire chief or his designee shall refer the employee to a drug abuse counselor in the
Port Arthur Health Department Drug Abuse Clinic for referral to an appropriate
treatment program4 The employee shall bear all costs associated with the treatment
program.
N. DruR-free Awareness and Educatioq
Employees shall be provided with written materials advising of the dangers and
negative effects of drugs and alcohol in the workplace. Such materials shall also
include information regarding possible sources for obtaining drug or alcohol counseling
and/or locating any available rehabilitation programs.
Supervisory personnel shall be trained in the detection of drug and alcohol use among
employees and shall be advised of available rehabilitation programs in order to assist
his/her subordinates in seeking treatment where such assistance has been requested
by the employee.
O. Dru~ Analysis of Applir~rlts for Positions in the
Fire Se~ice of the City of POrt Arthu?
Prior to employment with the City of Port Arthur, individuals applying for the position of
Firefighter shall be subject to a drug screen during the pre-employment physical
examination (see consent form Exhibit E). Positive results shall be followed up with a
confirmatory test for all drugs not eliminated with bona fide verification of a valid current
prescription. Positive results from the confirmatory test shall disqualify the individual
61
from employment and from further consideration for employment with the City for a
period of at least three (3) months. To be considered for a subsequent position,
individuals so disqualified must gain status on a subsequent eligibility list for Rookie
Fireflghter.
P. Confidentiality
All correspondence regarding the suspected violation of this policy shall be handled on
a strictly confidential and "need to know" basis, and such information shall be kept
apart from the employee's official personnel file. Verbal and/or written instruction to an
employee requested to submit to testing shall likewise be made in confidentiality with
the highest regard for the employee's pdvacy and dignity. It is not the intention of this
policy to embarrass or label any employee with drug and/or alcohol use, but rather to
eliminate the use and influence of said substances in the workplace. Employees who
are found to intentionally breech confidentiality shall be subject to appropriate
disciplinary action.
Actual medical results of the drug analysis shall be maintained in confidence by the
Health Department as would any other medical report or information. Said results shall
be maintained for a padod of five (5) years.
Extemal disclosure of said medical results shall be mede only with the wriffen consent
of the employee; however, disclosures may be made without the employee's consent
when the information is: (1) required through appropriate subpoena and court order, or
(2) needed by medicel personnel for the diagnosis or treatment of an employee unable
to authorize disclosure.
62
EXHIBIT "A"
CITY OF PORT ARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a urine sample for the purpose of determining the
presence of illegal or intoxicating drugs in my system. I understand that employment
with the City of Port Arthur is contingent upon collection of this sample and that a
confirmed detection of said drugs could result in appropriate disciplinary action up to
and including termination if legitimate use cannot be verified with a bona fide current
prescription and/or the verification of legitimate use of an over the counter medication
containing the substance identified in the screen. I hereby give my consent for the
release of these test results and other relevant medical information to authorized City
management for appropriate review.
I further understand that my refusal to submit to drug analysis will result in the
termination of my employment unless I file a written grievance in accordance with
section "H" of the City's Drug and Alcohol policy, a copy of which has been furnished to
me, within three (3) working days after a copy of this consent form has been given to
me.
Authorization Agreed:
Signature Date
W'~,nass Date
Receipt Acknowledged and Authorization Denied:
I have received, read and kept a copy of this consent form and understand the possible
consequences of not agreeing to the authorization. However, I refuse to submit to said
drug analysis.
Signature Date
Witness Date
Reason(s) for denial: ,
EXHIBIT 'B'
CITY OF PORT ARTHUR
CONSENT FOR ALCOHOL ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a blood sample for the purpose of determining the
presence of alcohol in my system. I hereby give my consent for the release of these
tests results and other relevant medical information to authorized City management for
appropriate review.
Authorization Agreed:
Signature Date
Witness Date
EXHIBIT "C"
CITY OF PORT ARTHUR
REPORT OF REASONABLE SUSPICION OF DRUG
USE/INFLUENCE ON THE JOB
Employee Name: Date: . Department:
Time: ,Job Title: Location:
Check the factor(s) below which have resulted in reasonable suspicion of the above
employee's on-the-job use and/or being intoxicated while on the job:
Glassy or blood shot eyes (1) Direct observation of
· Slurred speech (1) illegal drug use
Unusual on-the-job'accident Unprovoked physical or
or injury verbal altercation
Poor coordination or Written signed information
reflexes (1) obtained from
Possession illegal drugs reliable person with
Erratic or bizarre behavior personal knowledge
__ Self-admission of intoxication
__ Other, Explain
Explain in detail the behavior that was observed (use attachment if necessary)
Identify any witnesses of the above behavior:
Identify any physical evidence obtained and the present location 'of the evidence: ,.
Was the employee referred for drug screen.
Date: Time: Results:
Received By:,
Employee signature (if available) Date' '
Supervisor Initiating Action Date ASst. City Manager Date
Division Head Date Director of Personnel Date
Department Head Date City Manager Date
(1) This factor shall only be used as reasonable suspicion when combined with one
or more listed factors,
The information contained in this report is confidential and disclosure of such
information to parties without a legitimate need to know is not authorized. Distribution
of copies should be accomplished in person.
Routing: Original: Personnel Note: Provide triplicate
Duplicate: Department File copy to employee
Triplicate: Employee within three (3)
Quadruplicate: Supervisor days of drug test
EXHIBIT "D"
PROCEDURE SUMMARY
1. An employee requested to report for testing shall report to the chosen hospital at
the scheduled appointment date and time.
2. Upon arrival, the employee will be instructed on urine specimen collection.
Udne samples shall be provided in a pdvate restroom so that employees and
applicants will not be viewed while providing the sample. Bags, briefcases,
purses, coats, jackets, etc. may not be carried into the testing area.
3. The specimen will then be labeled and sealed by the chosen hospital and
witnessed by the employee. A CHAIN OF CUSTODY FORM (sample copy
attached) will accompany the specimen throughout the entire testing phase.
4. Specimens will be processed by the Federally Certified N.I.D.A. Laboratory
being utilized by the City of Port Arthur.
5. Testing will be in two(2) stages. The first stage will be a SCREENING test. If
the screening test results are positive for the presence of drugs and the
employee does not produce bona fide verification of a current valid prescription
or verification of a legitimate use of an over-the-counter medication containing
the drug identified, a second CONFIRMING test will be performed on the same
specimen.
6. The SCREENING process will be by an enzyme immunoassay procedure. The
cut-off levels for the drugs to be tested for are:
DRUG CUT-OFF LEVEL~no.lmI.I
Marijuana 100
PCP 75
All others tested for 300
7. The CONFIRMING test, if necessary, will be by Gas Chromatography Mass
Spectrometry, and will follow the SCREENING process. The cut off levels for
the drugs to be tested for are follows:
DRUGS CUT-OFF LEVEL
Amphetamines 500
Barbiturates 300
Benzodiazepina (Valium, etc.) 300
Cocaine 150
Marijuana 15
Mathaqualone 300
Methadone 300
Opiates 300
Propoxyphena (Darvon, etc.) 300
PCP 25
67
8. ff the SCREENING results am negative, the Personnel Department
representative will be notified within 72 hours after specimen collection.
9. If the SCREENING test is positive, and a CONFIRMING test is necessary, the
written results of the CONFIRMING test will be reported directly to the Personnel
Department representative. This will be within t20 hours of the time of collec-
tion.
10. Specimens whose results are positive are to be held by the reference laboratory
for a padod of one year.
11. The hours as specified will vary with the time of collection and ere based on a
Monday through Fdday schedule. If the specimen collection times falls during
off hours, weekends, or holidays, the hours of reporting will bo adjusted accord-
ingly.
12. The CHAIN OF CUSTODY letter will be sent to the Personnel Department
representative upon its retum to the City.
PRE-EMPLOYMENT
EXHIBIT 'E"
CITY OF PORT ARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a urine sample for the purpose of determining the
presence of illegal or controlled substances in my system. I understand that
consideration for employment with the City of Port Arthur is contingent upon collection
of this sample and that a confirmed detection of said drugs will result in my
disqualification for employment with the City of Port Arthur for a period of three months
from the test results if legitimate use cannot be verified with a bona fide current
prescription and/or the verification of legitimate use of an over the counter medication
containing the substance identified in the screen. I hereby give my consent for the
release of these test results and other relevant medical information to authorized City
management for appropriate review.
I further understand that my refusal to submit to drug analysis will result in
disqualification for employment with the City of Port Arthur.
Authorization Agreed:
Signature Date
Witness Date
Receipt Acknowledged and Authorization Denied:
Signature Date
Witness Date
Reason(s) for denial: ,,
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ARTICLE 42
COMPLETE AGREEMENT CLAUSE
SECTION I
The Employer and the Union agree that the terms and provisions herein
contained constitute the entire agreement between the parties and supersede all
previous communications, representation, or agreements, either verbal or written,
between the parties hereto with respect to the subject matter herein.
SECTION II
The parties hereto acknowledge that during negotiations which resulted in this
agreement, each had unlimited right and opportunity to make proposals with respect to
all proper subjects of collective bargaining, and that all such subjects have been
discussed and negotiated upon, and the agreements herein contained were arrived at
after free exercise of such rights and opportunities; therefore, the Employer and the
Union, for the term of this agreement, each voluntarily and unqualifiedly, waives the
right and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter nor specifically referred to or covered in this
agreement, even though such subject or matter may not have been within the
knowledge or contemplation of either or both of the parties at the time they negotiated
or signed this agreement.
It is specifically provided, except by mutual agreement, that there shall be no
further negotiations of any subjects above mentioned.
70
SECTION III
All modifications of this agreement must be made in writing and signed by both
the Employer and the Union before such modifications shall become effective.
This agreement has been executed this day of ,
200 , in duplicate counterparts, each of the pages hereof having been initialed and
dated by the subscribing parties.
APPROVED: ATTESTED:
Mayor City Secretary
APPROVED FOR ADMINISTRATION:
City Manager
UNION: CITY: