HomeMy WebLinkAboutPO 6179: COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PORT ARTHUR AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397 CITY OF PORT ARTHUR
HUMAN RESOURCES DEPARTMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM: Albert T. Thigpen, Director of Human Resources
DATE: September 14, 2011
SUBJECT: Adoption of Proposed Ordinance No. 6179 Adopting a Collective
Bargaining Agreement between the International Association of Fire
Fighters Local 397 and the City of Port Arthur
COMMENTS
I recommend adoption of Proposed Ordinance No. 6179 adopting a three (3) year collective
bargaining agreement between the International Association of Fire Fighters Local 397 and the
City of Port Arthur. Said agreement will be effective October 1, 2011 through September 30,
2014.
The proposed contract is essentially status quo; however, significant changes are as follows:
Article 2 - Duration: Three (3) year contract beginning October 1, 2011 through September 30,
2014.
Article 10, Section IV — Holidays: States employees who have accumulated holiday in excess of
twenty (20) days may choose to be paid for (sell back) up to five (5) holidays at their regular rate
of pay once each calendar year. Request for holiday sell back shall be made prior to December
to each year and payment of unused holidays shall be made in December of that year.
Article 15, Section II — Insurance: Provides for each permanent employee to receive life
insurance in an amount equal to one (1) years base pay as natural death coverage. All other
employees currently have this benefit.
Article 16, Section V — Union Activities: Modified to state in the event that all of the principal
officers of the Union (President, Vice President, Secretary, and Treasurer) are on duty at the
time of a Union meeting, at least one of these officers shall be allowed time off to attend the
meeting. The union officer(s) shall, however, be required to respond to any emergency calls that
may arise during that time.
Article 16, Section VIII — Union Activities: Modified to state that the union may utilize any
designated Fire Station for the purpose of conducting Union meetings and /or other Union
business. Such meeting shall in no way impede the normal operations of the effected stations.
Article 23, Section I — Certification Pay: Intermediate Structural Firefighter Certification Pay from
$50 per month to $100 per month; Advanced Structural Firefighter Certification Pay from $100
per month to $200 per month; Master Structural Firefighter Certification Pay from $150 per
month to $300 per month.
"Remember, we are here to serve the citizens of Port Arthur."
P.O. No. 6179
09/14/11 TMA
ORDINANCE NO.
A ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397.
PROPOSED FUNDING: FIRE DEPARTMENT BUDGET
ACCOUNT NO. 001 -1121- 522.11 -00
WHEREAS, the City of Port Arthur has negotiated a Collective Bargaining
Agreement with the International Association of Fire Fighters Local 397 pursuant to
Chapter 174 of the Texas Local Government Code Annotated, the Fire and Police
Employees Relation Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Sect= That the facts and opinions in the preamble are true and correct.
Section 2. That the Mayor and City Manager are 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 That the effective date of the contract shall be October 1, 2011
through September 30, 2014.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
P.O. No.6179
09/14/11 TMA
PAGE 2 OF 2
READ, ADOPTED, AND APPROVED on this
day of _ , A. D., 2011, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
ovvmg
vote: AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
APPROVED AS TO FORM:
- - - -_ ATTEST:
7, - -
Vale. a Tizeno, • ity A '4 rney
Sherri Bellard, Acting City Secretary
G'
ROVED FOR ADMINISTRATION:
/ 9 / /
Deborah Echols, Director of Finance 1 ~ r 7
Albert T. Thi.: -n, Director of Hum: Resources
Stephen B. Fitzgibbons, City Manager
EXHIBIT "A"
1
ARTICLES OF AGREEMENT
BETWEEN
CITY OF PORT ARTHUR, TEXAS
AND
LOCAL, 397
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
Duration of Agreement: October 1, 2017�'
2
TABLE OF CONTENTS
NU ER ARTICLE
1 DEFINITIONS ....................... PAGE
2 PURPOSE OF AGREEMENT ............................ ............................... 6
3
4 DURATION OF AGREEMENT ....................
RECOGNITION. .
5 NON - DISCRIMINATION .......................
6 PAYROLL DEDUCTION OF DUES ..............•• 8
JURY DUTY ................... ................... 8
8
9 SICK AND INJURY LEAVE ....................
DEATH IN THE FAMILY .............
10
HOLIDAYS .. .......•••• 11
..
11 VACATIONS ..................................................... ............................... 14
12 OVERTIME PAY ....................
13 SENIORITY AND PERSONNEL REDUCTION ......................
14 LONGEVITY ................... ......... 18
15 INSURANCE ...........................
16 UNION ACTIVITIES ..................•.
17 APPEALS & GRIEVANCE PROCEDURE 20
18 SHIFT EXCHANGES . . .
19
20 SAFETY & HEALTH PROGRAM ...................
STRIKES AND LOCKOUTS ............................. ............................... 32
21 EDUCATIONAL ASSISTANCE ....................
22 SPECIAL PAY PROVISIONS ................ . .............���.�������� "� "'�� 32
23 CERTIFICATION PAY ....
24 TEMPORARY DUTIES IN HIGHER CLASSIFICATION ................. 36
3
NUMBER ARSE
25 CLOTHING ........................ ...
. PAGE
........... ...............................
26 EMERGENCY MEALS ..................... " " "" 37
COMPENSATORY TIME .............. 27 37
28 PENSION ........... .. . . .
.......................... ...............................
29 PERSONNEL FILES ..................... '�• """•••��•� 39
30 WAGES.. ...... 39
31 HOURS OF WORK ....................
33 32 AFFIRMATIVE ACTION .....................
CONFLICT WITH CIVIL SERVICE LAWS ...................................... 42
34 MISCELLANEOUS PROVISIONS ..............
SAVINGS CLAUSE ............................ ...............................
36 IMPASSE ..................... ............... 44
37 SUCCESSORS AND ASSIGNS .................
HIRING.......
.........................
39 ..........................
APPOINTMENT OF DEPUTY FIRE CHIEF .............. . 46
40 FAMILY MEDICAL LEAVE ACT .............••..
41 DRUG AND ALCOHOL POLICY ........... 52
COMPLETE AGREEMENT CLAUSE .............. .....................•.....•...
72
4
ARTICLE 1
DEFINITIONS
1. "Employer" means the City of Port Arthur.
2. "City" means the City of Port Arthur.
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
political 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 completion of the
fire academy, and passes the state certification examination.
5. "Civil Service Commission" means the Civil Service Commission of the City of Port
Arthur.
6. "Chief' means the Fire Chief of the City of Port Arthur, Texas.
7. "City Manager" means the City Manager of the City of Port Arthur, Texas.
8. "Agreement" means the Collective Bargaining agreement negotiated by and
between the Employer and the Union.
9. "Base Pay" means the salary of an employee exclusive of longevity pay and other
benefits.
10. "Department" means the Port Arthur Fire Department.
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. "Probationary Period" for employees hired on or after October 1, 2008
shall mean
the twelve -(12) month period immediately following the date of employment Y as a
Fire Fighter upon certification by the Texas Commission on Fire Protection
as a
Basic Firefighter or higher, and the Texas Department of State Health Services as
an EMT or higher. Probationary period for employees hired prior to October 1,
2008 shall be in accordance with the collective bargaining agreements in effect
ffect
at the time of appointment.
13. "Promotion" means advancement from a lower rank to higher rank
within the department.
14. "Disciplinary Action" means written reprimand, discharge, suspension, indefinite
suspension, and demotion in rank or pay.
15. "Layoff' means a termination of employment resulting from a reduction in force.
6
ARTICLE 2
PURPOSE OF AGREEMENT
SECTION I
This agreement is made and entered into by and between the City of Port Arthur, a
municipal corporation domiciled in the State of Texas, herein referred to as the
EMPLOYER ", and Local 397, International Association of Fire Fighters, hereinafter
referred to as the "UNION ".
SECTION II
It is the general purpose of this agreement to promote the mutual interests of the
Employer and the Union; to provide for equitable and peaceful adjustments of differences
which may arise; to establish proper standards of wages, hours and other conditions of
employment which will provide and maintain a sound basis for the delivery of public
services. The parties to this agreement will cooperate fully to secure the advancement
and achievement of these purposes.
ARTICLE 3
DURATION OF AGREEMENT
SECTION I
Except as otherwise expressly provided herein, the duration of this agreement
between the parties shall be from
. In the
event a successor agreement does not take effect on October 1, 2011, this agreement
shall be automatically renewed for a period 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
Whenever wages, rates of pay, or any other matters requiring appropriation of
monies by the Employer are included as a matter 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
SECTION III
It shall be the obligation 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 ',;.
ARTICLE 4
RECOGNITION
SECTION I
The employer recognizes the Union as the sole and exclusive bargaining agent for
all employees (as defined in this contract) of the Port Arthur Fire Department.
SECTION II
The Union recognizes that persons duly appointed by the City Council have been
authorized as the sole and exclusive negotiators of a contract subject to the approval of
the City Council.
8
ARTICLE 5
NON - DISCRIMINATION
SECTION I
The Employer and the Union agree that the provisions of this agreement shall be
applied to all employees within the bargaining unit without regard to affiliation,
membership, or non - membership in the union.
SECTION 111
Membership in the union is voluntary. Each employee has the right to join and
maintain membership in the union; the employee, likewise, has the right to refrain from
joining or to withdraw from membership in the union as he /she sees fit. Neither the Union
nor the Employer shall exert any pressure against any employee covered by this
agreement in regard to such matters.
ARTICLE 6
PAYROLL DEDUCTION OF DUES
SECTION I
The Employer agrees to deduct, once each month, dues in an amount authorized by the
employee, from the pay of those employees who individually request, in writing, that such
deduction be made. This authorization shall provide that it shall remain in full force and
effect until terminated by the employee; if the authorization authorizes a deduction for
Union dues, it shall also authorize the City, without further authorization from the
employee, to change the deduction for Union dues to the amount specified in a written
notice of Union dues change provided to the City by the Union. The amount of this
deduction shall not be changed more than once in a twelve -month period.
9
SECTION II
It is understood that said authorization is completely voluntary and may be
terminated by the employee in writing at any time. y
SECTION III
The Union shall indemnify the Employer and any Department of the Employer and
hold it harmless against any and all claims, demands, suits, or other forms of liability that
at
may arise out of, or by reason of, any action taken by the Employer or any Department of
the Employer for the purpose of complying with the provisions of this Article.
ARTICLE 7
JURY DUTY
SECTION I
Any employee called for jury service, or serving as a witness 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
and two hours following time of release from same. An employee on day shift shall not be
required to report to work at the Fire Department before his jury duty that same day.
Y
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 the employee must report to his /her Battalion Chief for completion g
p on of said hours.
10
SECTION III
Employee must inform his Battalion Chief twenty -four (24) hours prior to the the scheduled jury duty. e time
ARTICLE 8
SICK 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 Government Code, Firemen's and Policemen's Civil Service Act. xas
from the Fire Department, employees employed Upon separation
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 a
p yment for
accrued unused sick leave up to a maximum of 90 clays upon separation of employment.
SECTION III
Employees in the bargaining unit shall be entitled to six (6) working shifts
absence due to illness or injury without a doctor's release in a of
calendar year. l In all other
instances, the employee must provide a doctor's release to the Battalion Chief r
at the beginning of a shift. The doctor's release must state th e dates the p for to or
employee was
under the doctor's care and the date the employee is released to return to work.
employee shall make every reasonable attempt to schedule routine doctor The
octor visits and
preventative care doctor visits during their off duty hours.
Exception may be made by the Battalion Chief for employees returning to work on
11
a holiday, weekend, or Monday following a shorn illness, not to include absence due to
injury or surgery. In this case, a doctor's release would be furnished to the
later than three (3) days after the employee's return to work. 'Employer no
SECTION IV
Any employee off work due to illness or injury shall contact the Battalion Chief
daily to the start of the assigned shift, or as otherwise instructe d by the Battalion on Chief, to
report changes in his /her condition or whereabouts. The Battalion Chief may make to the daily reporting requirement after he has determined that the e an
e illness or
injury is prolonged and properly documented by a physician.
SECTION V
The purpose of sick leave is to avert Toss of wages in the event of bona fide illness.
While sick leave is an earned benefit, it is the responsibility of each employee p yee not to
misuse or abuse this benefit. It is likewise the responsibility of the Employer
to take
appropriate steps or action against those employees that appear to have abused such
h
ARTICLE 9
DEATH IN THE FAMILY
In the event of a death in the immediate family of an employee covered by this the employee shall be granted up to three (3) calendar y is
days off, with pay, at
the time of the emergency. Immediate family shall be defined as follows:
children, mother, father, brother, sister, or grandparents of the employee loyee or the
employee's spouse. Immediate family shall also include any relative living in the s
household.
9 ame
12
In the event of a death of an employee's grandchildren /grand -chit
Chief will endeavor to allow the employee to take emergency d the Battalion
rgency vacation or holidays for a
period not to exceed three (3) days, provided the employee has
vacation and /or holiday leave. In the event the employee does sufficient accrued
oes not have sufficient
vacation or holidays, the employee shall be allowed to take personal leave.
ARTICLE 10
HOLIDAYS
SECTION I
Employees shall be entitled to and granted the following ten (10
days in lieu thereof. (10) paid d holidays, or
1. New Year's Day
2. Martin Luther King, Jr. Da 6. Labor Day
y Thanksgiving Day
3. Good Friday
4. Memorial Day 8. Day after Thanksgiving
5. Independence Day 9. Christmas Day
10. One "Floating" holiday as designated
each year by the City Council.
13
SECTION II
A. Employees shall be allowed to accumulate a maximum
holidays, except in those cases beyond the control of the employee °f twenty (20)
mployee when the taking of
holidays may be restricted by management in the interest of efficiency of departmental
operations.
B. Employees who have in excess of twenty (20) accrued holidays date of this contract shall be allowed to retain all such holidays upon the
olidays until such excess
holidays are assigned by the Employer or taken at the employee's
option.
C. The Employer shall have the discretion to assign accumulated of twenty (20). ated holidays in
D. The Employer shall have the authority to assign up to three to be taken at the end of one vacation segment a ( accumulated
g nt per year.
E. Employees shall be allowed to schedule holidays up to thirty
days in advance of the requested time off, if the Battalion p (30) calendar
Chief determines that the
requested holidays are available.
If such requested holidays are not available, shift exchange may g Y be arranged by
the employee.
SECTION III
Upon separation from the Fire Department, employees shall be
all unused holidays, to a maximum of twenty (20) at their regular for
egular rate of pay, except in
those cases where accumulated holidays have exceeded twenty under Section II -A of this article. my (20) holidays, as
14
SECTION IV
';� �ff l � ;::;17; ' � d.k �,� per. >
'
ARTICLE 11
VACATIONS
Vacation allowances shall be
SECTION
working days vacation for e based upon the following schedule: fifteen (15)
mployees with one year of service but Tess than to
service credit; twenty -one (21) working days vacation for employees years
than mployees with ten but less
twenty years of service credit; twenty -seven
employees with ( working days vacation for
twenty but less than twenty -five years of service c
working -days vacation for employees with twenty-five or more redit; and thirty (30)
Y years of service credit.
SECTION II
Fire Department employees assigned to suppression
of service shall be allowed to split their vacations p ion with ten (10) or more years
ons into no more than three segments. Fire
Department employees assigned to Administratio
allowed to take their vacations as schedu n ° Training and Prevention shall be
led by the Fire chief or his designate.
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.
Those employees who have opted to split their vacations shall follow this formula:
15
1 . Rotation of choice of vacation segment shall
be based on rank seniority
from most to least senior.
2. No segment shall be less than six (6) days.
3. Choice of second vacation segment shall only rank have had their first choice. Y occur after all employees in
4. Choice of third vacation segment shall only occur
rank have had their first and second choice after all employees in that
s.
5. Fire Department employees assigned to Administration, ministration, draining and
Prevention (i.e. N on - suppression) will have their vacation
discretion of the Fire Chief. assigned at the
SECTION IV
Battalion Chiefs will be responsible for scheduling vacations for personnel
ppression using uniform criteria throughout the department.
SECTION V
Vacations shall be scheduled to fall during the calendar
Year unless illness or injury
of employee prevents this.
SECTION VI
Vacation pay advances shall be granted if such a policy i
employees of the City of Port Arthur. y s adopted for all other
16
ARTICLE 12
OVERTIME PAY
SECTION I
All assigned hours worked outside an employee's regular
special pay provisions applicable to divers, shall be paid g schedule, except for the
at the rate of time and one -half.
Partial hours shall be paid to the nearest 15- minute increment Vacation, holiday,
ry time or death in the family leave shall be deemed as
purposes of qualifying for overtime at the rate of time an hours worked for
d one -half.
SECTION II
The base rate of pay for the purpose of computing ove
back pay) shall be the annual sala g rtime pay (including call -
ry of the employee divided by 2756 hours.
SECTION III
Employees who are called back to work from off-duty
minimum of two hours at time and one -half. shall be guaranteed a
SECTION IV
An overtime log shall be maintained by the Employer overtime by Y indicating the hours of
y each employee, and a copy of the log shall be posted monthly "Hours of Overtime" shall include both overtime hour s worked nthly at each
and compensatory
time earned.
SECTION V
The Battalion Chief shall endeavor to distribute non-emergency
fair and equitable basis to the employee with the lea overtime on a
least overtime hours in accordance
with Section IV.
17
SECTION VI
An employee shall not be required to accept
vacation, holida a scheduled overtime while on
y, sick leave or other authorized leave.
SECTION VII
An employee shall not be required to accept scheduled
him to work more than 36 hours straight without at least a 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 on the monthly overtime list. ate of such refusal shall appear as a
SECTION IX
Employees shall be required to report when called d to any emergency situation,
except when on sick or injury ry leave.
SECTION X
Employees shall have their overtime accumulation
average overtime accumulation balance held by balance set equal to the
one hour, on the date they enter that r y employees in the rank they enter, plus
ank.
SECTION XI
Those employees assigned, temporarily or permanently,
shall not be eligible to receive scheduled overtime in suppression.
SECTION XII
For the purposes of this agreement, the only position, which will be treated as exempt,
pursuant to the FLSA overtime provisions, will be the Deputy p ty Chief.
18
ARTICLE 13
SENIORITY AND PERSONNEL REDUCTION
SECTION I
Departmental seniority shall be
calculated from date of employment in the Fire
Department.
SECTION ill
The Employer shall have a written policy detailin
may bid for station assignment. Seniorit in g the process by which employees
Y rank shall be the determining factor, unless
and except there is cause for denying such station ,a
Chief. ssignment as determined by the Fire
SECTION III
In the case of personnel reduction, the employee .
department shall be laid off first. Em to Y with the least seniority within the
p gees shall be recalled in the order of their
seniority.
SECTION IV
Application of seniority with regard to promotions shall be in conformity with
ARTICLE 14
LONGEVITY
The Employer shall pay the employee, in additioin
other com to his /her regular salary and any
pensation, four (4) dollars per month for each year of s
to a maximum of e►vice in the department
twenty -five (25) years of service.
19
ARTICLE 15
INSURANCE
SECTION I
The Employer agrees to pay the premium cost of each
group health and dental insurance and 50% of each permanent employee's
group health and dental insurance premium starting employee's dependent's
p tang at six months of employment.
Provided, however, the selection of insurance carrier and the provided shall be at the discretion of the Employer. The employees will have
access to all benefits offered in the City health care benefit plan in
this contract or that may effect at the signing of
y come into effect during the time of this contract. However, at no
time during the term of this agreement shall the em Flo
health and dental insurance exceed that I Yee premium for dependent group
paid by non - -civil service employees.
SECTION II
The Employer shall provide, at no cost to
permanent employek
, x
-- - = Also, the Employer shall allow the Fire Fighters
participate in the City's Voluntary AD &D programs through payroll deduction. g ters to
p Y
SECTION III
The Employer shall allow all Fire Fighters to participate in the under Section 125 of the IRS Code. he cafeteria plan as
20
ARTICLE 16
UNION ACTIVITIES
SECTION I
A written list of Union stewards and other officers and
furnished to the Employer immediately after their designation, shall be
, and the Union shall notify
the Employer of any subsequent changes.
SECTION II
Upon approval of the Battalion Chief, one steward
reasonable time off during working hours without er shift shall be granted
t loss of pay to investigate and settle
grievances.
SECTION III
The internal business of the Union shall be conducted during non -duty hours of the
employees involved.
SECTION IV
Any of the principal officers of the Uniori (President, Vice shall be allowed to take their own accumulated President, Secretary,
Battalion Chief to attend to union busin ccunnulated holidays upon approval of
ess.
SECTION V
In the event that all of the principal officers of the Union Pr
Secretary, and Treasurer) are on duty at the ( esident, Vice President,
: e time of a Union meeting,
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21
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SECTION VI
The Employer shall provide space in the fire stations board for the use of the Union in a conv s for the Union to place a
enient and accessible place not to exceed
3 ' by 3'.
SECTION VII
The Union agrees not to place any material on the bulletin
of management, or which endorses an tm boards which is critical
y political candidate.
SECTION VIII
Subject to prior notification and approval from the Chief, -'
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#h� •tom x+J. •,y 1✓ Pa&' r`fx s arw m'.a"4 ssi.,sa. a tark #, rs a a°-v?s "s &� e� rB &�•"- rm -,a,$ }fir`
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SECTION IX
The Association shall be granted a maximum of one hundred sixty eight (168)
paid time off for use by employees designated by the Ass ociation
Association to attend
pension and job related conventions schools, conferences s
workshops for each fiscal year of the contract. Any unused eminars, and
the contract year for which it was donated shall expire after time not utilized during
er the end of the fiscal year for
which it was donated. The Association shall submit requests
(2) weeks prior to the date desired. Provided; however, p s for such time off at least two
nothing herein shall preclude the
22
Association from requesting time off less than two (2) weeks rior
be unduly denied if time off is available. In no case p 'Said request shall not
ase shall the use of said leave create an
overtime situation for the City based on the information available
at the time of the
request.
Should time off be denied at the time of the request, but later be
before the date of the time requested off, the City will endea vor to inform available
rm the Association
of this availability.
Requests for such time shall be submitted in writing to the Fire Chief or his
designee.
In no case shall the Fire Chief, or his designee, unduly withhold er
use of said time if it is available, and a timely answer shall be provided p mission for the
d for such request.
Any time in this pool will expire at the end of the contract term.
ARTICLE 17
APPEALS & GRIEVANCE PROCEDURE
SECTION I - APPEALS
AU appeals of employees' disciplinary matters, including reprimands, promotions and /or indefinite suspensions, and a ppeals of 'suspensions,
all other types
heretofore heard by the Civil Service Commission except as s
continue to be heard by the Civil Service Commission specified below, shall
stun and with all rights of appeals as
provided in Chapter 143 of the Texas Local Government Code Fi
Policemen's Civil Service Act). (cemen's and
In disciplinary action involving indefinite suspension, suspension, r
demotion or promotional passover, the affected employee ma y choose instead nstead to process
23
the appeal of such action through the contract grievance
procedure.
In doing so, said employee has selected arbitration as a fi
of his appeal and has no further rights of appeal nal and binding resolve
as provided under Chapter 143 of the
Texas Local Government Code (Firemen's and Policemen's Civil Service Act).
SECTION II - DEFINITION OF GRIEVANCES
Either party may utilize this grievance procedure for the adjustment of grievances. A grievance is defined as e fair, expeditious and
any dispute or disagreement
involving the interpretation, application or alleged violation of an express provision of this
agreement, or disciplinary action involving indefinite suspension, suspension,
recommended demotion or promotional passover of an employee
Union. represented by the
SECTION III - FILING
The Union or the Employer shall file a grievance, as herein
(20) calendar days of the occurrence of a dispute or defined, within twenty
p r disagreement. Such grievance shall
be in writing and shall contain the following information:
1. A statement of the grievance and the acts upon which it is based;
2 . Shall point out the provisions of the agreement con
alleged to have been violated, if an considered applicable or
Y,
3. Shall state the remedy or adjustment sought; and
4. Shall be signed by the aggrieved party.
SECTION IV - IMPENDING GRIEVANCES
The Union President, or his authorized representative, may to the Fire Chief in an effort to avert the rie y report an anticipated
g vance.
24
The Fire Chief, or his authorized representative, may to the Union in an effort to avert the rieva Y report an anticipated
g rice.
SECTION V - ADJUSTMENTS OF UNION GRIEVANCES
1. The Union or any employee who is aggrieved shall file a w
the nature and details of the incident which written grievance giving
ch led to his /her grievance with the U-
nion's grievance committee. The report must be submitted to the co
ten (10) business days of the date upon which the committee within
employee or the Union as
a licable knew of or should have known of the occurrence, or occurrences,
giving rise to the grievance.
2 . Within ten (10) business days of receipt of the grievance
the committee shall
determine if a valid grievance exists. If in the opinion of the co
grievance exists, the committee shall notify the member rth mmittee, no
r and no further action shall
be taken. If the committee determines that a grievance exists, the Union his alternate shall present the grievance in writing to the Fire ors President
re Chief or his
designee and /or the Battalion on duty within a ten (10) day time frame
the duty of the Union President or his alternate to present It shall be
all known relevant
information to the Fire Chief at such time. If the grievance is denied, denial shall be included in writing. The Chiefs � the reasons
efs written response shall be
submitted within ten (10) business days after receipt of the written rievan
Union principal officer (i.e. President, Vice - President g ce to any
Treasurer, Secretary) or any
member of the Union grievance committee.
3. If 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 ages or his
25
designee within ten (10) business days.
4. The City Manager, or his designee, shall submit mit this answer in writing to the Fire
Chief and to any Union principal officer (i.e. President
Secreta , Vice- President, Treasurer,
ry) or any member of the Union grievance committee
business days thereafter. within ten (10)
5. If the grievance is not settled under Section V -4
the Union must notify the City in
writing within ten (10) business days after the date of the of its election to invoke arbitration. a decision by the City
SECTION VI - ADJUSTMENTS OF MANAGEMENT GRIEVANCES . The Fire Chief or his authorized representative EVANCES
ative shall file a written grievance with
the Union giving the nature and details of the incident which report must be submitted within twenty ch led to the grievance.
Y (20) calendar days of the date upon
which the Fire Chief or other appropriate management representatives
should have known of, the occurrence, or occurrences, p esentatives knew of or
, giving rise to the grievance.
It shall be the duty of the Chief, or his alternate, to re
information to the Union at such time. to p resent all known relevant
2. The Union's written response to the grievance shall
his authorized representative, withi be submitted to the Chief, or
n ten (10) calendar days after receipt of the
written grievance.
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) calendar
event of a decision to invoke arbitration. ) radar days in the
26
SECTION VII - ARBITRATION
1. The parties shall jointly request a panel of seven (7) arbitrators itrators from the American
Arbitration Association or the Federal Mediation and Conciliation
2. Except upon agreement of both parties, two Service.
o or more grievances may not be
consolidated for hearing by the selected arbitrator.
3. Within ten (10) calendar days from the receipt of such
the Union and the City shall meet and alternately panel, a representative of
erriately strike names until one (1) arbi -.
trator remains who shall be selected as the impartial arbitrator.
make the first strike. The Union shall
4. Upon notification to the American Arbitration Association or
of the arbitrator, Conciliation Service of the selection of Federal Mediation
rbitrator, and the arbitrator is
contacted, the date for the arbitration hearing shall be set within
calendar days from the date the arbitrator is notified of his twenty (20)
s selection.
5. Upon request of either party, the parties shall exchange the
to be called at the hearing. exchange g e names of witnesses
g The �.. shall be made at least two (2)
days prior to date of hearing.
In the absence of good or excusable cause, the arbitrator
testimony of a witness upon the failure of a party to disclose may exclude the
Y sclose such a witness.
6. In all hearings other than disciplinary actions under this section, the grieving party
shall have the burden of proof and shall prove its case by a preponderance p derance of the
evidence.
7 . All hearings shall be public, unless the hearing may be clo
Texas Open Meetings law. In an eve y sed as provided in the
Y nt, the final decision of the arbitrator shall be
27
public, although public announcement may be reasonably delayed Y upon request of
the parties.
8. Within forty -five (45) calendar days after the conclusion of the hearing, the
arbitrator shall issue a written opinion containing and findings
remedy to the issues presented. A copy of the op g recommended
opinion shall be mailed or delivered
to the Union and the Employer.
9. With respect to the interpretation, enforcement, or a lica
this agreement, the decision, findin s an pp tion of the provisions of
9 d recommendations of the arbitrator shall
be final and binding on the parties to the agreement.
10. The arbitrator shall limit his decision to the interpretation, p anon, application, or
enforcement of this agreement or to matters fairly inferable therefrom
be without power or authority to make any decision c 'and he shall
contrary to, or inconsistent with
or modifying or varying in any way, the terms of this agreement or of a
law, charter, or rules or regulations having the force and applicable
legally superseded or preempted by this effect of law that are not
Y contract.
11. The cost of the arbitrator shall be shared equally between
Employer. Each a the Union and the
p rty shall be responsible for the compensation of its own repre-
sentatives and witnesses and for any expenses incurred in its investigation
grievance. If a transcript of the proceedings is requested, g tion of the
g then the party so
requesting shall pay for it.
SECTION VIII - THE CONSTRAINTS
All time limits set forth in this Article may be extended by mutual consent extended, they must be strictly observed. If a party fails sent but if not
Y to pursue any grievance within
28
the time limits provided, he shall have no further right to co
specified time limits are not complied with by City the grievance. If the
y t he Crty or the Union the grievance shall be
considered denied, and the grieving party may proceed to the next step in the grievance
procedure.
ARTICLE 18
SHIFT EXCHANGES
SECTION I
Shift exchanges will be allowed in the department with
Battalion Chief provided the exchange does not interfere with prior approval of the
th departmental operation.
An employee exchanging shifts does not relinquish his /her
person to be present on a responsibility for a
particular shift, and will be docked in pay for that shift if the
employee consenting to work the shift fails to show at the designated
The substitute employee who shall fail to g d station.
shall not, except in cases of emergency, a ppear and work the exchanged shift
9 y, as deter'mine'd by the Battalion Chief, be allowed
to exchange shift work for one year thereafter.
SECTION II
An employee shall be granted shift exchange upon determinate
Chief that the taking of an accumulated holiday would °n by the Battalion
if the requesting employee has six g ) or not allow for adequate manning, or
( r less holidays accumulated.
SECTION III
On -duty Captains shall be allowed to grant emergency standbys The Captain shall notify the Battalion Chief of all ys of up to two (2)
all such standbys. Said standby
shall constitute a voluntary shift exchange.
29
ARTICLE 19
SAFETY & HEALTH PROGRAM
SECTION II
In order to maintain the highest standards of safety and to eliminate, as much as possible Y and health in the Fire
in the fire service, a joint Union safety '' accidents, injuries, illness and death
committee will be established within thirty
(30) days of the effective date of this contract. The c
ommittee shall consist of six
members appointed by the Union; however, only two memb
meetings, and two members a by ers per shift shall attend
ppointed b 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 Friday of the month.
B. The preparation of the minutes shall be the responsibility of the
chair.
Such minutes shall become official only upon the adoption p by both
parties at the subsequent meeting. A copy of these minutes shall to the Fire Chief and the City Manager. I be
C. Make periodic inspections, at least quarterly, of fire department
facilities, apparatus, protective equipment, protective clothing ng and
D. Weekly apparatus reports shall be available for review
at the monthly
committee meetings.
30
E. Make written re commendations for the correction of any hazardous
conditions or unsafe work methods.
F. Review and analyze all reports of accidents, deaths, injuries and job
related illnesses. To promote the avoidance of such incidents
future, review and provide in the
comment upon re commendations of in-
vestigating supervisors.
G. Recommend modification :3 to standard operating procedures
for on -site medical care, transportation, hospital tests
requirements for on -duty employees nd illnesses.
ees injuries and other
1
H. Committee members shall suffer no loss of a for Y or time spent on
investigations, inspections, and committee meetings while
I on duty.
Safety Committee shall jointly recommend a Safety use. Y policy for
J. A member of the Union Safety Committee shall be notified of any
on the job illness or injury which requires medical attention as
as reasonabl soon
Y possible as determined by the Battalion Chief.
SECTION III
All findings and re commendations of this committee shall be
Chief and the City Accident Review Board. The forwarded to the Fire
findings and r ecommendations of the
committee shall be advisory only and shall not be binding.
SECTION IV
The Employer shall provide first aid and/or if necessary to ensure that the firefighter receives professional call for immediate
p ofessional medical care as soon as
31
possible. First aid shall consist of on -site treatment and subs
injuries which do not require medical attention. subsequent observation of minor
SECTION V
In all cases where an employee who, in the performance
of or causes the serious in'u of his duty, takes the life
J ry of another person, or is seriously injured as a result of the
overt act of another person, he shall with notification to
the Fire Chief undergo a
debriefing with a City appointed psychologist or psychiatrist
soon as is possible after the incident. at the expense of the City, as
Additionally, if the employee after participating in any other shall with notification to the Fire Chief, undergo a debriefing r job related traumatic
ebriefing with a City
psychologist or psychiatrist at the expense of the City. appointed
In either case, if it is medically determined that further coun
shall be provided at the Ci selcng is appropriate; it
s expense. Such counseling, including the initial debriefing,
shall not be related to any Department investigations and nothing discussed within the
mental health information privilege, as defined by state law
Department, except that if an employee undergoes may be reported to the
g es, extended treatment, information
concerning anticipated length, dates, and times of treatment may or psychiatrist to the City upon request. Y be provided by the
q st. Any time lost as a result of such
treatment shall be at the expense of the City. However, should a treating psychologist or
psychiatrist determine that the employee's condition significantly his /her job, or presents a danger to co-workers, y impairs his /her ability to
, or citizens, the psychologist or
psychiatrist shall so advise the City.
Serious injury shall mean the same as serious bodily injury as
J ry defined in the Texas
32
Penal Code *. Trauma shall mean a serious injury or shock an accident including � ock to the body, as from violence
g an emotional injury that created substantial damage to t
psychological development of a person. he
*Serious Bodily Injury - Texas Penal Code 1.07 a
means bodily injury that creates a substantial � (34) "Serious bodily injury"
ntial risk of death or that causes death, serious
permanent disfigurement, or protracted loss impairment of the function of any bodily
member or organ.
ARTICLE 20
STRIKES AND LOC�KO_
The parties hereby recognize that strikes lockouts, work
slowdowns of fire fighters are unlawful and are 'prohibited and
I ohibited by law.
ARTICLE 21
EDUCATIONAL ASSISTANCE
SECTION I
Any full -time employee of the Fire Department enrolled in
course will be reimbursed for tuition, required student se an accredited college
services fees, building and lab fees
upon approval of his /her application for educational assistance by Reimbursement is contingent upon co y the Fire Chief and City
completion of the course with a grade of
"C" or better, proof of which must be supplied to the Finance
Department.
SECTION II
Employees may submit application to the Fire Chief for attendance
seminars meeting the criterion of Section III. Upon approval of of job related
p application, the City shall
pay for the seminar. Notices of seminars, symposiums, and special schools received by
33
the Fire Department shall be placed in the 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 re
p sent position for the
purpose of:
1. Improving skills or knowledge required in his present osi
p tion.
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 work for which the employee
reimbursement from the Employer for costs incurred, has received
service of the Employer for two (2) 2 � the employee must remain in the
years, otherwise all sums paid by the Employer must
be reimbursed by the employee to the Employer. This would not
apply in the case of a
layoff.
ARTICLE 22
SPECIAL PAY PROVISIONS
SECTION I
All certified divers assigned diving duties shall' be compensated hourly rate from the time they arrive at the diving d at twice their
dive until relieved of such duty by the Battalion Chirig operation and begin preparing to
Chief. All other fire personnel on regular
duty at the scene, including certified divers who are not actually inv
paid at their regular rate of a Y olved in diving, will be
p y Double -time pay shall exclude any other regular or
34
overtime pay that might otherwise be applicable.
SECTION 111
Except in the case of pessi l;f° sa
- emergencies requiring
immediate action, it shall be required that at least two 2 �) qualified divers be present to
assist and /or dive at all diving operations.
SECTION III
Certified divers who are called back to work from off -du to
shall be paid a minimum of two (2) hours pay � perform diving duties
p y at twice their base rate of pay.
SECTION IV
Personnel assigned to airpack repair and certified to perform such
test shall receive an additional $50 dollars per month in addition to other airpack repair
pay provisions.
Personnel assigned to airpack repair are at the discretion of the Fire Chief.
SECTION V
Special pay for individuals assigned to the high angle and confine
teams shall be $40.00 per month. d space rescue
ARTICLE 23
CERTIFICATION PAY
SECTION I
Effective October 1, 2008, City of Port Arthur Fire Fighting personnel of receipt of certification at the Intermediate Structural l who provide
certification pay in the amount of $50. ural Firefighter level shall receive
00 (fifty dollars) per month. Effective October 1,
2008, City of Port Arthur Fire Fighting personnel who rovide
certification at the Advanced Structural Firefighter level p proof of receipt of
shall receive certification pay in
35
the amount of $75.00 (seventy -five dollars) per month. Effective October 1, 2008, City of
Port Arthur Fire Fighting personnel who provide roof
Master Structural Firefighter level shall receive p of receipt of certification at the
vE. certification pay in the amount of $125.00
(one - hundred twenty -five dollars) per month. All certifications
Texas Commission on Fire Protection. Employees shall be issued by the
mployee :; will only receive payment based on
the highest structural certificate held.
Effective October 1, 2003 tfit, City of Port Arthur Fire Fighting personnel wh
provide proof of receipt of certification at the Intermediate Structural Firefighter ll
fighter level shall
receive certification pay in the amount of
month. Effective October 1, 20 � dollars) per
,, City of Port Arthur Fire Fighting personnel who
provide proof of receipt of certification at the Advanced Structural Firefighter level shall
receive certification pay in the amount of
aa.A # w (pig4 pip hundred dollars
month. Effective October 1, 20 � ) per
.�. ', City of Fort Arthur Fire Fighting personnel who
provide proof of receipt of certification at the Master Structural Firefighter level shall
receive certification pay in the amount of g�qye
hundred dollars
per month. All certifications shall be issued by the Texas
on Fire Protection. Employees Commission
ployees will only receive payment based on the highest
certificate ' g structural
SECTION II
Employees who obtain and maintain an Emergency Care
certification shall receive certification pay in the amount Attendant, or higher,
mount of $25.00 per month. Employees
who obtain and maintain certification higher than Emergency g y Care Attendant shall receive
an additional $25.00 per month.
36
SECTION III
Employees who complete a hazardous materials emergency response sponse training
program, and who maintain the necessary refresher course hours
requirements of OSHA 1910.120 at the awareness level meeting the
additional pay in the amount of $25.00 per month.
or higher, shall receive
ARTICLE -24
TEMPORARY DUTIES IN HIGHER CLASSIFICATION
When determining who will temporarily fill a position in a c higher
"Acting Positions ", as authorized by Local Government g classification,
Code 143.038, the department
shall (except for reasons listed below) follow the certified promotion
those passing the test. If more "Acting Positions" are al eligibility list of
re needed to temporarily fill a position
in a higher classification, those positions shall be filled based on rank the next lower rank. Exception(s): 1) shift At s � nk seniority by shift
change, if above procedure would
disrupt department operation. 2) Fire Chief may disregard above roce
a case by case basis. 3) An employee may request p lure for cause on
Y quest m writing, stating the reason(s)
he /she does not wish to act, that his /her name be removed from "Acting An employee, stating in writing that he/ Acting Position"
she does not wish to act, will not be
considered for promotion to that rank until such time as a new test is 9 iven.
An employee acting in a higher classification shall be compensated at of the position plus his own longevity or seniority t the base
y pay, education incentive pay,
and certification pay during the time he performs the duties, provided
when an employee's total accumulated hours (consecutive however that
( cullive and non - consecutive) acting
37
in a higher classification shall exceed 1378 he shall be compensated step of the position plus his own longevity( pensated at the six 6 month
„I ty , or seniority pay, education incentive
pay, and certification pay during the time he performs the duties.
ARTICLE 25
CLOTHING
SECTION I
The employer shall provide to each new employee the following:
. Two (2) uniform shirts g
2. Six (6) tee shirts
3. Four (4) uniform pants
4. One (1) coat or jacket
5. One (1) black belt
6. One (1) Fire Department cap
7. One (1) badge
8. One (1) name tag
The Employer shall replace any of the above items as needed, Clothing Officer or other appropriate � as determined by
representative of management.
SECTION III
The Employer shall provide, maintain and replace personal rote
equipment in accordance with State and Federal re uire p cove clothing and
q ..ments.
ARTICLE 26
EMERGENCY MEALS
SECTION I
All fire fighters engaged in the performance of duties including ut
fighting and other emergency work and are required to g not limited to fire
fire station shall be furnished beverages as need perform such duties away from a
g needed and meals of sufficient quantity and
nutritional value.
38
ARTICLE 27
COMPENSATORY TIME
SECTION I
The Fire Department shall grant compensatory time at the
hours for each hour voluntarily spent outside re rate of one and one -half
regularly scheduled hours to attend or
participate in authorized seminars, training, or special Fire De
Fire Prevention Week, with prior a Partment activities such as
pproval by the Fire Chief.
SECTION II
All schools, seminars, training or special Fire Department
attendance or participation outside regular hours is p ent activities where
mandatory shall be paid in overtime.
SECTION III
Employees shall be allowed to schedule compensatory
calendar days in advance of the requested time off, time up to thirty (30)
ff, if the Battalion Chief determines that
the requested compensatory time is available.
Compensatory time for suppression employees must be unless the employee has less than 12 hou • e taken in 12 -hour
hours.
taken at the same time. Compensatory time for . In such case, all hours must be
or non - suppression employees must be
taken in 8 -hour increments unless the employee has less than must be taken at the same time. n 8 hours. In such case, all
SECTION IV
Any compensatory time not taken before separation of employment
in accordance with the Fair Labor Standards Act. p °Yment shall be paid
39
SECTION V
Vacation, holiday, compensatory time, or death in the family as hours worked for purposes of qualifying mily leave shall be
fy in g f or compensatory time at the rate of
time and one -half.
ARTICLE 28
PENSION
During the term of this agreement, employees shall continue to Relief and Retirement Fund in accordance with °participate in the
the statues of the State of Texas now applicable and subject to the provisions of
pp cable or as they may hereafter be amended.
The contributions paid by the City for the Firefighters into the Firemen's Fund shall be in accordance with state statutes men's Relief and
es and shall be paid at a rate
equal to the percentage rate paid by the City into the pension plan of the System for all other employees of the City. he Texas Municipal
Pursuant to the Social Security Act, the Employer also agrees
Employer's share of the federally established Medicare premium to pay the
m on behalf of all
permanent employees hired after April 1986.
ARTICLE 29
PERSONNEL FILES
SECTION I
Any time that material is to be placed in an employee's file evaluation, complaints, reprimands or any other y le concerning
documents pertaining to
disciplinary action, it is agreed that a copy of the document shall
said employee prior to the time that it is made operative be made available to
and a part of his /her personnel
file.
40
SECTIION NI
Any member of the bargaining unit may review his /her own during regular office hours. wn personnel file under
All employees shall notify the Employer in
advance of his /her intent to view such file in order that a reasonable upon for such purpose. onable time may be mutually
In the case of an emergency, the foregoing advance notice
waived, if appropriate shall be
ppropriate supervisory personnel are on duty to supervise the file review.
SECTION III
Nothing in this article shall diminish the rights granted under Local Government Code (Fire and Police Civil S er Section 143.089 of
Service Act.)
41
ARTICLE 30
WAGES
SECTION I
The following annual base salaries are as indicated below:
10 /01 /11 10/01/12
Firefi: titer * 3% 10/01/13
Enq___ 3%
6 Months - - -- $46,448.18
$47,847.63
1 Year $48,333.96 $49,783.98 $49 276.88
2 Years
$50,180.91 $51,686.34 $51,277,50
5 Years $52,069.61 $53,631.70 $53,236.93
10 Years $53,913.05 $55,530.44 $55,240.65
Fire En_ineer $54,411.80 $57,196.35
$56,044.15 $57,725.47
Start
6 Months $56,760.13 $5!3,462.93
Fire Ca tain $59 507.34 $60,216.82
$61,292.56
Start $63,131..34
6 Months $62,187.97 $64,053.61
Asst. Fire Marshal $64,998.54 $66,948.50 $65,975.22
Start $
6 Months $62,187.97 $64,053.61
Fire Marshal $64,998.54 $66,948.50 $65 975.22
Start $
6 Months $67 957.45 $69,996.17
Battalion Chief $71 133.62 $73,267.63 $72,096.06
Start $75,465.66
----
6 Months ,957.45 $69,996.17
De ut Chief $71,133.62 $73,267.63 $72,096.06
s tart $75,465.66
6 Months $74 313.27 $76,542.67
*Effective October 1, 2011 all barga$77, $79,963.62
shall receive the same pay increase (if any) granted
granted eithe
unit members sh $78'838.9.5
other City Employees. Such increase shall be no less than the highest increase het c r civil s l v s
non -civil service employees.
ervice or
SECTION II
The entry level fire fighter salary shall be effective from the date fire academy and subsequent fire fighter salary te of completion of
ry steps shall be calculated from the
date of completion of the fire academy.
42
ARTICLE 31
HO OF WORK
Annual regular hours are based on fifty -three hours w er
regular hours of 2,756 for all personnel, except that p week for total annual
ip at personnel regularly assigned to fire
prevention services (i.e., Assistant Fire Marshal and Fire Marshal)
hours. work 2,080 annual
ARTICLE 32
AFFIRMATIVE ACTION
The Union and Employer agree that the present composition
minorities in the Fire Department does not reflect p n of females and
ct the composition of females and
minorities in the City of Port Arthur. It is the desire and commitment make -up of the Fire Department be more reflective ent of both parties that
tivE, of the community served.
Therefore, in order to ensure that sufficient minority and female
for future Fire Department vacancies, intensive recruiting candidates apply
and women will be implemented by each a ng efforts directed at minorities
p arty
ARTICLE 33
CONFLICT WITH CIVIL SERVICE LAWS
This Agreement shall take precedence over state or local civil service provisions,
to the extent of any conflict therewith, as provided by Section 174.006, Texas Local
Government Code, the Fire and Police Em to ee Relations Act.
43
ARTICLE 34
MISCELLANEOUS PROVISIONS
SECTION I
A copy of this agreement shall be given to each employee,
regulations, and policies pertaining to employees shall be in writing and shall be available
at every fire station.
SECTION H
All employees shall be entitled to have a Union representative with the Fire Chief or other Employer represent e present at any
written reprimand, suspension or any other representative pertaining to an oral or
Y er disc;iplinary matter. An oral reprimand shall
be defined as a verbal reprimand, which is documented in writing file in matters involving suspension demotion, g and made a part of the
motion, and promotional pass -over. An
employee shall also be entitled to have a Union representative present
the Fire Chief or his designee intends to take a statement from the at meetings where
e employee that may be
used in any of the above indicated items.
SECTION 1111
Employees shall be paid by check every two (2) weeks -,
7, , � ^ "^a�„ Sla
'^e
SECTION IV
Upon notification to the Captain on duty, employees shall be allowed an employee reporting late for his /her shift; provided, ed to standby
arrangement is mutually agreeable p d, however, that such standby
and understood by all parties to constitute a shift
44
exchange not exceeding two (2) hours. The Captain shall notify the Battalion Chiefs of
all such standbys.
SECTION V
Employees may be granted up to five (5) personal business days without pay per year.
~ GYS Fh.
,_ aJB ,�4r is •+.�. s .S „+ ,.i � :, n � �' c .�� bC
'” , .:.a,�. a s '� a' �t" 4 ` +'agwa•��Y �*: "�� ..
+. Y ». A.y¢...r4 ^-i s^ :yea .. <. ta... del Hi.+4 y�••'i z � 4 $. r:
e
ARTICLE 35
SAVINGS CLAUSE
If any provision of this Agreement is subsequently declared by to be unlawful or unconstitutional, all other provisions y competent judicial
remain in full force and effect for the durati on of this Agreement.
of this Agreement shall
ARTICLE 36
IMPASSE
In accordance with the charter provision, in the event that the City the Association, Union, have reached an impasse � of Port Arthur
a
Annotated Civil Statutes of Texas, Article 5154c -1 p sse as defined under Vernon's
, Section 9 now codified as Chapter 174
of the Texas Government Annotated, the Fire Police Em to ee
y Relations Act„
(a) Either party to the dispute, after written notice to the other
specifications of the issue or issues in dispute, may party containing
once during any fiscal year. In the event that one y re quest arbitration not more than
party makes a request for arbitration,
then both parties shall submit all issues in dispute to arbitration. The issues to be
45
submitted to arbitration shall be all matters which the parties have been unable to resolve
through 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 Vernon's Annotated
Civil Statutes of Texas, Article 5154c -1, Section 9, 10, 11, 12, 13, 14 and 15; 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, Article
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 various portions and provisions of this section are declared to be
severable.
*Provided, however, should this charter provision be repealed by the citizens of the
City of Port Arthur during 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 the term of this Agreement; and no provisions, terms or obligations herein
46
contained shall be affected, modified, altered, or changed '
the consolidation g in any respect whatsoever by
merger or annexation, transfer or assignment, of either art
affected, modified, altered or changed in any respect by p y hereto, or
management of either party hereto, or b y any change in the ownership or
Y an y change geographically of place of business
of either party hereto.
ARTICLE 38
HIRING
SECTION
The hiring and eligibility list placements fr beginning
department shall be in accordance with the provisions g g positions in the fire
provisions of the Texas Local Government
Code Chapter 143, Municipal Civil Service except as ro
p vided in Section II.
SECTION II
Once an eligibility list has been established in accordance laws, all bona fide Port Arthur re sidents-(providing ( � -_ rdance with State Civil
providing proof they have resided in
Port Arthur, for three (3) months prior to the examination)-
the list in rank order. The Fire Chief may will be placed at the top of
y hire Port Arthur residents in rank order prior to
hiring of non -Port Arthur residents.
The entry level firefighter eligibility list in effect on the shall be null and void. a effective date of this
ARTICLE 39
APPOINTMENT OF THE DEPIITY FIRE CHIEF
SECTION I
The department head may appoint one person to the Deputy Fire Chief position.
47
The qualifications for appointment and removal and the rights be in compliance with the applicable ghts of the appointed person
Sections of 143.014, Local Government Code.
SECTION II
Members of the department may refuse appointment to the Deputy Fire Chief
position. A person appointed to the Deputy Fire Chief position shall from the position at his /her request. hall have the right to be
SECTION III
In the event that a person appointed under this article is removed classified position before appointment, d and reinstated to
nt, rio member of the bargaining unit shall be
demoted or terminated as a result of the appointee's reinstatement to his /her previous
position.
ARTICLE 40
FAMILY MEDICAL LEAV E ACT
The Family Medical Leave Act shall be governed by the Ci
Personnel Polic . tY of Port Arthur
y The City of Port Arthur and the International Association of
Fighters Local 397 in compliance with the Family Medical Leav Fire
29 USC, Section 2601, et seq. a Act (FMLA) codified as
q. do hereby incorporate herein, and make part hereof, said
ACT as part of this agreement as if fully delineated herein. All employees 17 -82 (h) Famil Medical Leave Act Polio as delineated mployees are subject to
eated herein below. Provided,
however, that the City is hereby empowered to make modifications
Department of Labor (DOL) interpretations and with consistent with
mandated and /or statutory
requirements.
48
Famil Medical Leave Act Polic
In recognition, and support, of the Family Medical Leave sets forth its policy regarding the use of leave ave Act the City of Port Arthur
ve under the Family Medical Leave Act
(FMS), codified as 29 USC, Section 2601, et seq.
concomitant with the effective date of t This policy shall become effective
he Acts which is August 5, 1993 for non -Civil Ser-
vice employees.
The Family Medical Leave Act shall apply to employees
Bargaining Agreement on the date the Collective � p yees covered by a Collective
Bargaining Agreement terminates, but
not later than February 5, 1994
Eligible Employees - All employees who have been employed months at the time the leave begins and who have ployed with the City at least
completed at least 1,250 hours of
service with the City during the previous 12 month period.
Husband and Wife Em to ed B the Cit - (i) the aggregate
is limited to 12 weeks during any 1 2 -month period gg gate leave for both spouses
p nod for the birth or placement of a son or
daughter or to care for a sick parent; (ii) if one spouse is spouse would be entitled to a full 12 weeks s ineligible for FMLq leave, the
ks of FMLA leave; (iii) for their own serious
health condition, or to care for their spouse or son or d
entitled to a total of 12 weeks of leave during daughter, each spouse would be
g any 1 2 -month period.
Eligible Leave Events - Eligible employees, male or fem
of 12 weeks un aid ale, may take up to a total
p , job protected leave for the birth of a child of the em to
merit of a child with the employee for adoption or foster care; p yee or place-
, for the employee to care for
the employee's child, spouse, or parent who has a serious
the employee's own serious health condition which health condition; and /or, for
makes the employee unable to
49
perform the functions of the position of the employee.
Serious Health Condition - A serious health condition as defined by illness, injury, impairment, physical or m� Y the FMLA is
or
p Y mental condition that involves:
(i) any period of incapacity or treatment in connection with, or consequent to
inpatient care in a hospital, hospice, or residential medical care facility;
(ii) continuing treatment by, or under the supervision of, a
health care
provider; or
(iii) prenatal care.
11
Eligible employees desiring to utilize leave authorized under the Family Act must do the following: Y Medical
(i) Notify their supervisor in_na 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 certification from the attending
physician when the reason for the leave request involves a serious health
condition as defined herein.
This written notice shall include the eligible condition for which the leave is
being requested, the approximate amount of leave time being requested
medical certifications as required, and the employee, or his designee's,
signature.
Approval lines shall be provided for the Department Head, Director of
Personnel and City Manager.
50
(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,
leave is requested due to a qualifying however, when
q' alifying event as defined by employees first exhaust accrued vacation and /or y the statute,
compensatory time
prior to using accrued sick leave if the requested leave is other than the employee's own serious health s for a qualifying
condition.
The aforementioned paid leave shall count toward satisfying
12 week FMLA requirement. the maximum
III
Employees taking leave under the Family Medical Leave of the Personnel Policy, ave Act, subject to the
y, shall be restored to their former position, or to an
equivalent position as defined by the FMLA, upon return from
leave.
The City may deny restoration, pursuant to FMLA, to "key"
who are among the highest ten percent of the employees ey salaried employees
p yes employed by the City within 75
miles of the City. Such denial may take place if a determination
ration would cause substantial and grievous is made that the resto-
economic injury to the operations of the
employer; and the employee on leave is notified in writing at the e time the determination of
economic injury is made and elects not to return to work b
decision not to return or (ii) not respondin withi by (r) formally stating his /her
g n ten (10) days after receipt of notification.
IV
Employees will not accrue vacation or sick leave during on FMLA designated leave for more than one-half the mg any month in which they
month.
51
V'
Eligible employees will continue to be covered by the City'
on FM s health insurance while
LA designated leave.
Employees will be required to pay their portion of the dependent Such payments ependent health insurance
p yments will be deducted while the employee is on paid leave
when the employee is on UN-PAID FM � however,
LA leave he or she is responsible for making the
required payments to the City. Failure to make such a
termination of dependent coverage. p Yments could result in the
VI
Records relative to compliance with the Family Medic
maintained by al Leave Act shall be
y City departments for three years from the date such leav
The Personnel Department shall maintain all records regarding a is requested.
Medical Leave Act as part of the employee's s Perm 9ard►ng leave under the Family
Y anent Personnel File.
VII
Complaints regarding an employee's treatment relative
Leave Act shall first be registered with the Department to the Family Medical
Head, then the Director of
Personnel, and next with the City Manager. If an employee
after these levels, he or she may register a complaint p yee is unsatisfied with results
with the Wage and Hour Division of
the U.S. Department of Labor. Complaints filed with the Wage within a reasonable time period after the employee believes and Hour Division must be
elieves his or her rights under
FMLA have been violated and within the time periods provided in the Act.
VIII
If any provision of this policy conflicts with any provision of
FMLA, then the FMLA
52
provision shall prevail.
ARTICLE 41
PORT ARTHUR FIRE DEPARTMENT
DRU AND ALCOHOL POLICY
A. Policv Statement
It is the joint responsibility of the City of Port Arthur and the F'
Port Arthur to ensure the public trust and safety of our citizen
Further, it is the obligation of the Firefighters of the City of Port Arthur to perform public
Firefighters of the City of
services while in optimal mental and physical co sand fellow employees.
efficiency and productivity. The City of Port Arthur recognizes r at the on -th
that to acn -the maximum
and /or being under the influence of illegal drugs, controlled subs and alcohol
results in serious and costly adverse job - related e job use of
health, safety, and well -being of the affected conditions which threaten the personal
citizens of Port Arthur. employee, fellow employees and the
Further, the City recognizes that the unlawful manufacturin d
possessing, or using of a controlled substance or illegal drugs in the workplace i a
criminal activity. Therefore, the City g' distributing, dispensing,
� Arthur prohibits unlawful on-the-job
manufaarin y of Poi
g, distributing, dispensing, using, or possessing of a controlled sub
tion of alcohol, a controlled substance, a drug, stance
or an illegal drug; and prohibits being intoxicated on the job by reason
body; and prohibits using or possessing alcohol on the � of the introduc-
g, or any combination thereof, into the
policy with the intent to eliminate substance abuse and its effecdts in th establishes a
the City of Port Arthur. in the workplace of
As a condition of employment, an employee shall abide by this o
days of conviction shall notify his /her Battalion Chief of any criminal and within statute
(
conviction � -�� � ��` k ��� #�� ��� � _�
any criminal drug statute
immediately notify the Fire Chef who in turn shall immediate y notify Ba Chief shall
y notify the City Manager.
B. Pur ose
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 manufact
dispensing, using or possessing a controlled substance or an illegal drug; n
and n
tion of being intoxicated on the job by reason of introduction gal g' distributing,
controlled a drug, or any combination thereof into the body and the prohibition
or possessing alcohol on the job. of alcohol, a contrrolled
1 Specifically, this policy will identify, for the purposes
of guidance but not limitation, job - related behaviors which will
suspicion that violation of the polic may have occurred. I trigger
��� ,�. reasonable
-
53
C. Scope of Application
This policy applies to all Firefighters of the City of Port Arthur.
This
alcohol, all controlled substances, and all drugs, legal or illegal, whic policy Gover
employee's ability to effectively and safely h could impair an
n -the job manufaturin Y pertorm th
o e functions of his /her job. Unlawful
on-the jo b m u c e gal distributing, dispensing, using or possessing a controlled
g drug; and being intoxicated on the job by reason of the
introduction of alcohol, a controlled substance, a dru or an combi nation thereof into
the bod and usin or ossessin alcohol c>n the job, is expressly —�— �
policy. Violation of this policy will result in appropriate disciplinary actionitup n up to to thand e
including termination of employment. rY coo
If there is a reasonable question whether the employee can safely assigned duties while using any an ely and effectively
required to obtain a written statement add ess ng any ica
restrict ontfr from the eyph physician
em
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 restricted (1 be
allowed to continue with normal work duties, (2) be placed in a temporary will
d job ob
if available, (3) be given altered job responsibilities in accordance with the or
(4) be required to utilize sick leave until the effects of the medication s foregoing, e
medication is no longer medically necessa subside or the
decision, it shall be handled according to Local Goverment Code 14 the Fire Chiefs
081.
Individuals whose drug or alcohol problem classified them as handicapped
federal and /or state law shall not be discriminated against due to such handicap under
handica
in the application of this policy. Any individual claiming handica stat status
medical documentation of such condition. p us must provide
When drug screening is required under the provisions of this polic a
be given to detect the presence of only Y� urinalysis test will
ti
r
w e �'"' Air 'R�'d:
E3
54
D. Enforcement
The enforcement of this policy will reside with the Fire Chief
contract. Enforcement of the policy may result in appropriate
and including the termination of employment for those employees the administrator u th p t o
m pllo disciplinary
yeees s whi y who action uo violate the
policy. However, the disciplinary action described herein shall
not be construed
limit or apply in lieu of the disciplinary procedures prescribed for violations of f other as to
F ire
F
Department work rules or regulations, City ordinances, state
preclude the Fire Chief from im osin
preclude immediate Fire
termination, when the more federal law, nor shall it
g more severe appropriate disciplinary
severe discipline. cumstances of the violation warrant action,
E. Definitions
1. On -t h a -iob: the employee is considered to be "on-the-j" o who or while designated as bein b while on duty
operate or ride in City vehicles are I considered to be on duty authort ll times
s
while operating, driving, or riding in a City vehicle. be duty at all times
2. Drug has the meaning assigned by Subdivision 16 Section 481.002
Vernon's Texas Health & Safet Code and includes the meaning assigned
,
by 21 U.S.C., 802 and includes any controlled substance analogue nad as
defined by subdivisions a nd n o f Section 481.002 and by y U.S.C.,
3. Illegal Drugs: any drug which cannot be legally obtaine d
though it can be legally obtained, has been obtained in violati which, al-
Texas Controlled Substances Act, Chapter 481, Vernon's Texas H of the
Safety Code or Federal Controlled Substances Act, 21 U.S.C. Hem
seq. 801 et
4. Legal Drugs any dru
u prescription or over the co nterVhrch may be legally obtained through
5 . Controlled Substance: has the meaning assigned by Subdivision
Section 481.002 Texas Controlled Substances Act Cha ter 4 5 / Texas Health & Safet Code and includes the meaning Verno Ve 21 n's
U.S.C., 802 and includes any controlled substance analogue asned by 21
subdivision of Section 481.002 and in 21 U.S.C., 802. defined in
6. Alcoholic bevera e:
has the meaning assigned by Section 1.04 (1),
Alcoholic Beverage Code.
7 . Intoxicated: means (A) not having the normal use of m ental or physical
faculties by reason of the introduction of a controlled substance, combination of two or more of those substances into the body; or
having a blood alcohol concentration 'x.r ,} ',7, ' a drug, or T.
8. Article :., � ' :: : 7 1 ,, .., a ro ,
.. .. 1_ � �= .�
s of A reement: The Collective Bar ng Agreement
City and the Firefighters Union. g nt between the
*9 . All references in this policy to alcohol or to possession or
use of alcohol
55
shall refer to an Alcoholic Beverage as defined in E. #6.
10. Possessin or ossession of alcohol: refers
alcoholic beverage while on the job. to bodily
alcoholic
alcoholic beverage; presence an
1 The mere presence of sealed or
constitute possession of alcohol. in a personal vehicle or boat shall not
At log ee's expense or employ ee shall bear all ex e
that the employee shall be response for all treatment nses: shall mean
tion cost not covered or paid for by or under the City 's and health nsuran lth insur e
plan.
ce
F. Reasonable Sus icion
suspicion uspicion shall be based on objective facts and/or behavior
Reasonable uspwhile shall
the job. For purposes of guidance, the
be considered along with the oircumstan d /or observation
following factors may
servation of employee
not reasonable suspicion exists: ces in each case, in determining whether or
Presence of more than one of the physical symptoms of drug or bloodshot eyes, slurred speech, alcohol odor on b reath, poor coordina-
tion and /or reflexes) verified by a second supervisor. ug or alcohol use (i.e.,
An unusual on-the-job accident or injury whn physical symptoms
alcohol use are present. Y Atoms of drug or
Unprovoked physical or verbal altercation.
Erratic or bizarre behavior.
Possession of alcohol, or illegal drugs.
Signed written information obtained from a reliable person with with personal
Self- admission of intoxication or being under the influence of
abused legal drugs. illegal drugs and
Direct observation of alcohol use or possession on the job.
Direct observation or knowledge of unlawful manufacturing,
dispensing, possessing, or using illegal drugs or controlled istta
rolled nces
job substances on the
G. Random Dru to
and Alcohol Testin
All fire fighters of the department shall submit to random drug by manual random sample. The City may randomly ug and alcohol testing as
fighters during a one- year p eriod. All testing will be erfor test up t 5 y e xp x p of all fire
testing will be split sample testin p mad at City All
Edge, Inc. In the event Forward Edge, Inc. sounablelto shall be conducted at Forward
the conditions of this agreement, a mutually agreed alternate perform random testing to meet
utilized. a drug testing facility will be
56
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
Controlled Substance Distributin
Comments Criminal pr, Dis ensin or Possessin
Statute Convictions Indictments and
es who
Employees unlawful)
subptoy or illegal dru y manufacture, distribute, dis ntrolled
policy drug while on the job penof t h possess a corkplace
y and subject to appropriate are in violation of he drug free
policy reported d the subject to appropriate discipline g workplace
felony, Department. Any disciplinary action including termination
y, class A or B Y crirninal indictment or conviction in ohvin misdemeanor provisions of Local Government Cod covered under this policy shall be handled under the
3.056.
I. Reasonable Sus icion of On- the -Job Use of
on the Job b Reason of the Introduction of a Controlled s and/or Intoxication
Combination Thereof
— ed Substance a Dru or a
in Upon reasonable suspicion by on the job b y an employee's su
n toxic a is usin y introduction supervi sor uction of a controlled substance, athat drug or employee a c omna is
temployee g an illegal drug on the job, the presence bi of the
and any representative requested b y the employee shall, oyee (t th the phe employee resence will ll the
responsible for contacting the representative and the proceedings
30 minutes regardless of whether or not the representative has arr
facts upon which the reasonable sus p ici p ceedings wir ived commencc e within
n
p
supervision up to the Fire Chief who shall evaluate the s� to the )� present the
the employee shall be directed to the chosen has i tuation and dete mhne whether of
the employee to submit to a p tal for a dru f
drug analysis ordered upon reasonable 'suspicion
refusal to sign a consent form co y Refusal of
to possible termination. ( op attached as Exhibit A), shall subject the employee g or
may also Employee ee m at his /her own expense, utilize a e ^ ' � laboratory eemto obtaining an independent analysis.
must be taken within one fThatally additional
must chosen hospital and (1) hour of the time that the test is conducted �at th City's
procedures must and
guidelines h the
airy' federally nd employee's Y laboratories and its Cting
forth by the Department of Health and HumanServrtified its testing
�,
the employee th e D p to use such results on Services substance t asab abuse testing. to
cps, for sae abuse uet
accompanied by the chain of custody form and a sworn If be
accompanied
the sample chain
the local facility form an appeal the test results must al
urine obtained from the from the
with the date affidavit from the individual
ty stating that the results were derived from
The Fire ain e d may, if he deems it wih the and time of urine collection specified.
necessary, suspend an employee with pay during the
p
pendency of the City's drug analysis.
57
The Fire Chief, or his designee, shall immediately
e that the consent form of employee pl refusing (a copy of which is attached hereto) sta es t t the
employee does not file a written grievance within three
said consent form is given to the employee, the employee tes that if a
said Con form
be ( working days after
pursuant to and in accordance with the gr ev n etproceduee.
must be filed with' Said
shall be filed directly with the City Manager. in said three 3 procedure in the
Articles of Agreement except that it m
of the consent form and date, sign the receipt onrtheso g employee shall ken period and
it to the issuing supervisor. ther co pone copy
py, and immediately return
After giving said notice and during the pendency of thi
he deems it necessary, suspend said employee with II without pay. If the this grievance, the Fire Chief ma , if
exonerated, the employee shall be reinstated and all lost y
restored. However, if a refusal is found un'u;• ' y the
Chief shall be out i a e to s pose a ppropri> at >tified b e disciplinary a ac pay and benefemits plo shall thyeFe is
ir
p City Manager, he deems then e ms warranted e
by the facts and circumstances, up to and including
Employees refusing to undergo testing shall be offer a
employee insists on drivin g mmation.
g, the Police Department hall be o immediately e home.
Employees undergoing the test shall also be offered tra If the
test. If the employee insists driving, following nnfie e
employee's suspected condition. g, the Police Department shall be nofi'fi d the
of the
Within three (3) hours following the instructions to submit
or his designee shall make available written reasons to the t an p naly e is, the Fire Chief
analysis. a employee for ordering the
Within three (3) business days following the instructions
Chief, or his designee, shall provide a wrtten report to the
Chin r his constituting reasonable suspicion i to submit .I analysis, the Fire
at the employee was ntoxica on edaon ant of the
d subs
employee shall also within the said time be the 'ob or
was using or possessing illegal drugs or controlled.
the yob The
documentation. provided of the written
with a nces co
py
If the results of the initial drug screen are positive, the employee .
provide bona fide verification of a valid current prescription or
counter medication, containing the valid
ids mplr the e shall be instructed t
does not provide said verification within the next in the drug creen. elf of the the employee e_the -
sample shall vi submitted for a confirmatory next business da
confirmatory ry test utilizing the GC /MS he thquest, the
con i rmat to test results whether are positive, there will be a method. If the
employee to ascertain
of the substance found. d • � medical interview with the
he identified drug
was legally obtained other
""�, f�� �c�ra.*+ x ' %a� Y : e' a +. *'� or oth
� B pi
r
r � w .., .. c , a r v'S��s ..,n 'a r«mb w , '� y `r - �' •t na # `''� m �q 'ma
f u g
r xhr ,. w.. a3�xa8 :.{ d � d .� x..� .,�
58
N
a -
x € y +rta. w`
1 s � ...' a s aA'n4 Eta
s ' I R _ a° ^.. ce' , o f aR
as i rr w
' , ,� s ,
xa
vd Y. --= f '�# Y t" � S , Y n � ' � s� 'tPx
� � '* �*` ,ate two . �- -' x "� -. , •
If the results of either the initial dru _ ww,�� � 4
the employee shall be placed immediately back at work
g screen or the confirmatory drug tests are r ben fit
negative,
and all records pertaining to the incident shall be destro ed
,without loss in pay oes
J. y
Reasonable Sus icion of On- the -Job Intoxication Use
Possession of Alcohol or
Upon reasonable suspicion by an employee's su
intoxicated on the job by reason of the introduction of a Pervisor that an
or possesses alcohol on the job, the supervisor shall, in the r amp loyee e
and any representative requested by th °hol, re has consumemployes
d alcohol
within thirt p esence of the e
y (30 minutes y employee (provided the representatve arrive
), present the facts upon w hich t h e reas onable sus ici
based to the n e xt higher level of supervision up to the Fir
situa tion and determine whethe the employee shall be sub' p °n is
e Chief wh o . evaluate the
sect to disciplinary action.
Disciplinary action for on the job use of
be based on clear and convincing evidence a shall be
,poss of, or intoxication by, alcohol shall
as follows:
�n A * w ait ��, " -. n ,�� a
i ar ms *'* & ^' .^;.�
3. � fi _ . aw , � x ,, ,� r + $ e & x
4. �� � t a �t �, },n� � � . � S �-i ,r ::::a
60
Any employee charged with alcohol intoxic:ation may r
determine the level of alcohol in his/her s ste m. The request must be made at the time
that
determine a employee le i is notified i the suspicion y equest a blood alcohol test e
Y
The blood alcohol test shall be administered by �_�¢ b
p on of intoxication a hi � `
( hour period of time and the employee y the City's chosen hosppi tal l within a one
Exhibit B. The em to ee must sign the consent form attached as
laboratory. bip y may also at his /her own expense utilize an independent The additional test must be conducted within one (1) test is conducted at the City's chosen hospital. If pendent
the test
independent the ed a e t t e nt lab in an a pnga, the () hour o the t time that
c
sworn affidavit from the t tab n securing the the employee the empl at the employee chooal facility that ses the
to use the
e results must be accompanied by a
results were derived from blood drawn from the
collection specified. If the blood test can demonstrate that t with thhe e date and time of
as defined in Sec. E. #7, the suspension or termination sh/she was not intoxicated
shall be revoked and the
employee shall be reinstated without Toss of
pay or benefits.
K. Em to se's Ri ht to Grievance and A
eals Proms
The grievance procedure in the Articles of Agreement shall desire to grieve a requirement to submit to a dru g analysis.
of
the chemical substance irem to r hall be avail g employees
p gam shall notbe subject to Ithe I rie vay e
e
to the grievance procedure. g vanc
procedure, but only its application in the case of an individual employee shall be subject
Employees may utilize the appeal procedure in the Articles of Agreement to appeal to a drug analysis must file his /her a ppeal any to
suspension or termination under this policy; however, an e
three t to a dru days. mhe City who refuses within
working Y As with all other appeals, ppeal directly with the City Manager within
suspension or termination, the employee may elect arbitration ger refuses to overturn the
For the purpose of this policy, a suspension for .30 days
indefinite suspension. or less shall not constitute an
L. Conse uences of Confirmed On- the -Job Use of Controlled
Substance or an Ills al Dru and /or Bein Intoxcatecate
the Job b
Reason of the Introduction of a (:ontroI_
Substance a Dru or An Combination Thereof
Employees testing positive on confirmatory ry analysis for illegal and /or intoxicating drugs
(whose legitimate use cannot be verified by a bona fide medication v `
., ) ma be .` prescription r e legitimate use of
an over-the-counter
x. " r f ass ° g $. R x 10,1.
g "` 3 ". 1 S : . { a o- +,€ b '. 1 " . # . P.t , .a
ti d a '- ..
` ,t. ..tea. .,. c`.4 r...P. '` .,.k _,✓.„ ,:g �',__ x v�k5i!.���aa, eiid :°''$l�e , .
62
successful rehabilitation has occurred.
the employee shall be allowed to utilize accumulated l Pitalization is
the
to utilize accumulated tutiize medically necessary, shall be
seek
allowed utilize accumulated
for r a vacation,
o sr ti leave. The employee shall be
allowed to volunteer for rehabilitation only time and /or personal business t
m and /or drug addiction.
alty. my one time An employee shall be
per employment period with the
To assist the employee in locating an appropriate
the Fire chief or his designee shall refer the employee
Port Arthur Health Department Drug drug or alcohol treatment for in the
to a drug abuse counselor in the
treatment program. The employee shall all Clinic for referral to an appropriate
program. costs associated with the treatment
N. Dru -free Awareness and Education
Employees shall be provided with written rnaterial
negative effects of drugs and alcohol in the workplace.
i information regarding s advising Such of the dangers and
include
and/or locating any g g possible sources for obtaining drug materials shall also
an available rehabilitation programs. g g or alcohol counseling
Supervisory personnel shall be trained in the detection
employees and shall be advised of available rehabilitation drug of available
where o and alcohol use among
his/her subordinates in seeking treaby tment assistance programs in order to requested
the employee.
such assistance has been requested
0 . Dru Anal sis of A licants for Positions in the
Fire Service of the Cit of Port Arthur
oy
Prior Pri to employment with the City of Port Arthur, individuals Por
Firefighter shall be subject to a drug a
examination consent form a d u E screen durin ppl for the position of
c ato ) Positive results shall be followed t physical
ry test for all drugs not eliminated with bona fide verification Positive results from the confirmatory p with a
from employment and from further consideration for n of a valid current
period of employment
least three (3) ry test shall
loy me employment witnt wit
h the City individual
for
employ
()months. To be considered for a subsequent o
individuals so disqualified must gain status on a sub
Sequent eligibility list fop o position,
Rookie
P. Confide_ nt_ty
All correspondence regarding the suspected violation of this
nit is not It is not
a strictly confidential and "need to know
from the employee's official personnel basis and such information be apart
shall be apt a on
employee requested to submit to testing shall likewise be part
Verbal and /or written instruction to an
the highest regard for the employee's privacy and dignity. t the a intention with
on n of this
63
policy to embarrass or label any employee with drug the use and influence of said substances in g and/or r place use, but rather to
are found to intentionally breach confidentiality �n the workplace.
are
a p Employees who
y shall be subject to appropriate
ual
Act medical results of the drug Departme It would an g analysis shall' be maintained in confidence b th be maintained for a period other her medical report or information. Said results sha
p ()years. II
of five
External disclosure of said medical results shall be
of the employee; however, disclosures may be made without the information is: made only with m e oyee's consent
( required through appropriate the employee's consent
(2) needed by medical personnel for the d agriospsoor late subpoena and court order, or
to authorize disclosure. treatment of an employee unable
64
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
confirmed detection of said drugs f
with the City of Port Arthur is contingent upon colt a
con including termination said
if legitimate to could collection of this sample and that o
g could result in appropriate discipline
prescription and /or the verification of legitimate use of an ry action up to
use cannot be verified with a bona fide current
containing the substance identified in the screen. over the counter medication
other relevant medical for a hereby give my consent for the
release of these test results and oth
ppropriate review. al information to authorized City
I further understand that m
termination of m y refusal to submit to dru g analysis will result in the
section " o y employment unless I file a written grievance in accordance the City's Drug and Alcohol policy, a copy of which has within three (3) working days after a co dance with
me. py of this consent form has been to
Authorization Agreed:
Sign �_
Date
Witness __
Date
Receipt Acknowledged and Authorization Denied:
I have received, read and kept a copy of this consent f orm and understand the possible
consequences of not agreeing to the authorization.
drug analysis. However, I refuse to submit to said
Signature
Date
Witness
Date
Reason(s) for denial:
65
EXHIBIT "B"
CITY OF PORT ARTHUR
CONSENT FOR ALCOHOL
AND RELEASE OF MEDICAL RECORDS
S
I hereby authorize the collection of a blood sample for the
presence of alcohol in my purpose of determining the
tests results and other relevant medical hereby give my consent for the release of these
appropriate review. on to authorized City management for
Authorization Agreed:
Signature
Date
Witness _
Date
66
EXHIBIT "C"
CITY OF POFtT ARTHUR
REPORT OF REASONABLE SUSPICION OF DRUG
U SE /INFLUENCE: ON THE JOB
Employee Name:
Date: __ — pepartment:
Time: —_
Job Title:
__,Location:
Check the factor(s) below which have resulted in reas onable suspicion of the above
employee's on-the-job use and /or being intoxicated while on t
Glassy or blood shot eyes (1) he job:
Slurred speech (1) Direct observation of
illegal drug use
Unusual on-the-job accident
or injury Unprovoked physical or
Poor coordination or verbal altercation
reflexes (1) — Written signed information
Possession illegal drugs obtained from
Erratic or bizarre behavior reliable person with
Self admission of intoxication personal knowledge
Other, Explain
Explain in detail the behavior that was observed
(use attachment if necessary)
Identify any witnesses
of the above
Identify any physical evidence obtained and the presen behavior:
Was the employee referred for drug screen? t location of the evidence:
Date:
Received By: Time:
__ Results:
Employee signature (if available)
Date
Supervisor Initiatin
g Action Date —
---- -_ Asst. City Manager Date
Division ead
Date Director of Personnel
nt Head Date
Depa mert
( This factor shall only be used as reasonable s u ity M anager
suspicion when combined with p
67
or more listed factors.
or
The information contained in
for n to this report is confidential and
parties without a legitimate need to know is not authorized. Distribution
disclosure of such
of copies should be accomplished in person.
z
Routing: Original:
Personnel Note: Provide triplicate
Duplicate: Department File copy
to
Triplicate: Employee within three (3) employee
Quadruplicate: Supervisor days of drug test
68
a • _ .- - - _ ■ .
X99
-�99
69
70
EXHIBIT "D"
ANALYTES AND THEIR CUTOFFS
Effective Date: October 1, 2010
Reference: Federal Register, November 25, 2008 73
( FR 7 1858), Section 3.4
Initial test -- Initital test cutoff � onfirmato
anal te C
Marijuana metabolites concentration anal to test Confirmatory test
Cocaine metabolites 50 n• /mL THCA cutoff concentration
150 n. /mL Benzo lec•onine 15 n /mL
Opiate metabolites 20
Codeine /Morphine2 100 n /mL
2000 ng /mL Codeine
6-Ace -Acet Imor hin Morphine 2000 ng /mL
—� - - 10 n• /— mL 2000 n• /mL
t idme 6 -Acet Imor•hine
1 Amphetami ens 25 n• /mL Phenc clidine 10 n. /mL
AMP /MAMP4 Amphetamine 25 n. /mL
MDM q� - - - - - 500 n• /mL Metham•hetamines 250 ng /mL
500 ng /mL 11ADMA 250 n•/mL
MDA' 250 ng /mL
MDAB 250 ng /mL
250 n mom
' Delta- 9- tetrahydrocannabinol -9- carboxylic acid (THCA
2 Morphine is the target analyte for codeine /morphine testing.
3 Either a single initial test kit or multiple initial test kits may be use
detects each target analyte independently at the specified cutoff.
4
M ethamphetamine is the target analyte for amphetarnin d provided the single test kit
5 To be reported as positive for methamphetamine a specimen must also T
at a concentration equal to for
greater than a cn must a lso c so contain amphetamine
oe testing.
>
7Methylenedioxymethamphetamine (MDMA). 100 ng/mL.
Methylenedioxyamphetamine (MDA).
8 Methylenedioxyethylamphetamine (MDEA).
71
P RE - EMPLOYMENT
EXHIBIT "E"
CITY OF PORT ARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a urine sam
presence of illegal or controlled substances pn for the purpose of determining the for employment with the City of Port g he
sample my system. I understand that
p and that a confirmed Arthur id contingent upon collection
of this sam y
disqualification for employment with the City detection P °n of said drugs
fthe test results if legitimate meat w use cannot Port Arthur for a g will result in my
from
prescription m the
and/or the if of legitimate use over period of three months
be verified with a
g the substance identified in the screen. I hereby g the counter bona consent fide
containing
release of these test results and other relevant medical hereb
management for a Y give my con for City
y
appropriate review. ical information to authorized Ci
I further understand that rn
dis uglification for em to y refusal to submit to drug p yment with the City of Port Arthur. g analysis will result in
Authorization Agreed:
Sig an Lure __
Date
Witness __
Date
Receipt Acknowledged and Authorization Denied:
Signature
Dai:e
Witness
Date
Reason(s) for denial:
72
ARTICLE 42
COMPLETE AGREEMENT CLAUSE
SECTION I
The Employer and the Union agree that the terms constitute the entire agreement between the sand provisions herein
parties and supersede all
previous communications, representation, or agreements either the parties hereto with respect to the s ubject matter ether verbal or written,
tter herein.
SECTION II
The parties hereto acknowledge that during negotiations which each had unlimited right and o hich resulted in this
opportunity to make proposals with respect to
all proper subjects of collective bargaining, and that all such and negotiated upon, and the agreements ch subjects have been
herein contained were arrived at
after free exercise of such rights and opportunities; therefore, for the term of this agreement, each voluntarily the Employer and the
oluntanly and unqualifiedly, waives the
right and each agrees that the other shall not be obligated to bar
respect to an subject p gain collectively with
y subject or matter nor specifically referred to or covered in
agreement, even though such subject or matter may not this
knowledge or contemplation of either or both of the y have been within the
parties at the time they negotiated
or signed this agreement.
It is specifically provided, except by mutual agreement, that there negotiations of any subjects above mentioned. a shall be no
73
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: