HomeMy WebLinkAboutPO 6402: APPROVING A COLLECTIVE BARGAINING AGMT WITH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397 (65kt,1
Olet C). &r16
t(4/
To: Mr. John A. Comeaux, P.E., CSP, Interim City Manager DATE: Sept. 11, 2014
From: Dr. Albert T. Thigpen, IPMA-CP, CPRP,Dir. of Human Resources and Civil Svc. Oil
Re: An 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
Recommendation:
It is recommended the City Council adopt Proposed
Ordinance . No. 6402 which Approves A Collective Bargaining
Agreement Between the. City of Port Arthur And the
International Association of Fire Fighters Local (IAFF)
397 . The proposed Agreement is for a three (3) year period
and would be effective October 1, 2014 through September
30, 20.17 .
Background:
The representatives of the City. of, Port Arthur appointed by the
City Council and the .representatives - of the, ,International
Association of Fire Fighters Local 397 appointed by the
membership met pursuant to LGC, 174 to bargain in good faith
regarding economic and working conditions.
The parties reached tentative agreement on a collective
bargaining contract; which was the submitted to the IAFF Local
397 membership for ratification. The .membership by vote has
• ratified the proposed .Collective Bargaining Agreement (CBA)
which is now presented to the City Council for adoption.
The proposed Collective Bargaining Agreement is largely status
quo (i.e. unchanged) ; . however, significant changes are as
follows:
Article 1 Definitions: .,Language which was out of date
or unclear was changed to provide clarity or to more
accurately reflect current circumstances.
Article 3 - Duration: Three (3) year contact beginning
October 1, 2014 and September 30, 2017.
Article 8 Sick and Injury Leave: Provides that
employees will be paid fifty percent of the value of
unused sick leave balances above the maximum.
John A. Comeaux, Interim City Manager
P. 0. 6402
09/11/14
Article 12 - Overtime Pay: States that overtime pay will
be paid in the payroll period in which the overtime was
worked.
Article 15 - Insurance: Provides that employees hired on
or after 10/01/15 will become part of the City' s Health
Savings Account (HSA) plan with the option to buy up to
the PPO plan.
Article 16 - Union Activities: Increases maximum hours of
Association Leave to 300 hours, use is regulated by the
Fire Chief, cannot cause overtime and there is no history
of abuse or misuse.
Article 22 - Special Pay Provision: Allows for the
payment of Inclement Weather Pay based on appropriate
local legislation or federal disaster declaration.
Article 23 - Certification Pay: Emergency Care Attendant
(ECA) $25/month, Emergency Medical Technician (EMT)
$50/month, Emergency Medical Technician Intermediate
(EMT-I) $75/month, Emergency Medical Technician Paramedic
(EMT-P) $100/month, Fire Investigator $25/month, Arson
Investigator $50/month; an employee can only receive one
of these pays for the highest certification attained.
Article 30 - Wages: 3% effective 10/01/14, 3% effective
10/01/15, 3% effective 10/01/16. Provides that the City
may grant the Deputy Fire Chief a wage increase up to 2%
above that received by the bargaining unit.
Article 34 - Miscellaneous Provisions: Updated and
clarified language regarding the process and procedures
for the investigation of internal and external
complaints.
Article 34 - Miscellaneous Provisions: Provides that all
employees shall receive their pay by direct deposit.
Please advise should you need additional information.
P.O. No. 6402
08/21/2014 taw
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:
Section 1. 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 3. That the effective date of the contract shall be October 1, 2014
through September 30, 2017.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
P.O. No.6402
08/21/14 taw
PAGE 2 OF 2
READ, ADOPTED, AND APPROVED on this day of , A.D., 2014, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES: Mayor , Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
APPROVE AS TO FORM: ATTEST:
k(2'
Valecia Tizen , City Attorney Sherri Bellard, City Secretary
t
APPROVED AS TO THE AVAILABILITY OF FUNDS:
3Z, t.c�eco. ., 1,..1.c A ? , CJit,
Deborah Echols, Director of Firnce
APPROVED FOR ADMINISTRATION:- ', ,,, „
Albert T. Thigpen, Director of Human Resources
John A. Comeaux, PE, Interim City Manager
A COPY OF EXHIBIT "A" IS AVAILABLE FOR REVIEW
IN THE CITY SECRETARY'S OFFICE.
1
ARTICLES OF AGREEMENT
BETWEEN
CITY OF PORT ARTHUR, TEXAS
AND
LOCAL 397
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
Duration of Agreement: October 1, 2014—September 30, 2017
2
TABLE OF CONTENTS
NUMBER ARTICLE PAGE
1 DEFINITIONS 4
2 PURPOSE OF AGREEMENT 6
3 DURATION OF AGREEMENT 6
4 RECOGNITION 7
5 NON-DISCRIMINATION • 7
6 PAYROLL DEDUCTION OF DUES 8
7 JURY DUTY 9
8 SICK AND INJURY LEAVE 19
9 DEATH IN THE FAMILY 11 •
10 HOLIDAYS 12
11 VACATIONS 13
12 OVERTIME PAY 15
13 SENIORITY AND PERSONNEL REDUCTION 17
14 : LONGEVITY • 18
15 INSURANCE 18
16 • UNION ACTIVITIES 19
17 - • - APPEALS& GRIEVANCE PROCEDURE - 21
18 SHIFT EXCHANGES 26
19 SAFETY & HEALTH PROGRAM 27
20 STRIKES AND LOCKOUTS 30
21 EDUCATIONAL ASSISTANCE 30
22 SPECIAL PAY PROVISIONS 31
23 CERTIFICATION PAY 33
24 TEMPORARY DUTIES IN HIGHER CLASSIFICATION 35
3
NUMBER ARTICLE PAGE
25 CLOTHING 36
26 EMERGENCY MEALS 36
27 COMPENSATORY TIME 36
28 PENSION 38
29 PERSONNEL FILES 38
30 WAGES 40
31 HOURS OF WORK 41
32 AFFIRMATIVE ACTION 41
33 CONFLICT WITH CIVIL SERVICE LAWS 41
34 MISCELLANEOUS PROVISIONS 42
35 SAVINGS CLAUSE 45
36 IMPASSE 45
37 SUCCESSORS AND ASSIGNS 46
38 HIRING 46
39 APPOINTMENT OF DEPUTY FIRE CHIEF 47
40 FAMILY MEDICAL LEAVE ACT 48
41 DRUG AND ALCOHOL POLICY 52
42 COMPLETE AGREEMENT CLAUSE 67
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 paid individual of any rank appointed in substantial
compliance with Local Government Code 143 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.
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(s) of this agreement.
12. "Probationary Period" for employees shall mean the twelve-(12) month period
immediately following the date of employment as a Fire Fighter and 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-B or higher.
5
13. "Promotion" means advancement from a lower rank to higher rank within the
department.
14. "Disciplinary Action" means suspension, indefinite suspension, or involuntary
demotion in rank or pay.
15. "Layoff' means a termination of employment resulting from a reduction in force.
16. "Regular rate of pay" means the base .salary plus longevity and all additional
certification and special pay provisions.
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 October 1, 2014, through September 30, 2017. In the
event a successor agreement does not take effect on October 1, 2017, 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 September 30, 2017.
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 April 1st of 2017.
ARTICLE 4
RECOGNITION
SECTION
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.
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,
8
membership, or non-membership in the union.
SECTION II
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
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.
SECTION II
It is understood that said authorization is completely voluntary and may be
terminated by the employee in writing at any time.
• 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
may arise out of, or by reason of, any action taken by the Employer or any Department of
9
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.
Once an employee is placed on a jury panel, he/she shall be off the night before serving
on such panel. The employee must provide the Employer a certificate verifying the dates
and times served.
SECTION II
If employee is released from jury duty during his/her regular scheduled working
hours, the employee must report to his/her Battalion Chief for completion of said hours.
SECTION III
Employee must inform his Battalion Chief twenty-four (24) hours prior to the time
of the scheduled jury duty.
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
Local Government Code, Firemen's and Policemen's Civil Service Act. Upon separation
10
from the Fire Department, employees employed on or before March 7, 1990 shall be paid
a lump sum payment for accrued unused sick leave up to a maximum of 140 days. All
remaining accrued sick days shall be paid to the employee at the rate of fifty (50%)
percent of their total value.
Employees hired on or after March 8, 1990 shall, upon separation from the Fire
Department, be paid a lump sum payment for accrued unused sick leave up to a
maximum of 90 days upon separation of employment. All remaining accrued sick days
shall be paid to the employee at the rate of fifty (50%) percent of their total value.
SECTION III
Employees in the bargaining unit shall be entitled to six (6) working shifts of
absence due to illness or injury without a doctor's release in a calendar year. In all other
instances, the employee must provide a doctor's release to the Battalion Chief prior to or
at the beginning of a shift. The doctor's release must state the dates the employee was
under the doctor's care and the date the employee is released to return to work. The
employee shall make every reasonable attempt to schedule routine doctor 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
a holiday, weekend, or Monday following a short illness, not to include absence due to
injury or surgery. In this case, a doctor's release would be furnished to the Employer no
later than three (3) days after the employee's return to work.
SECTION IV
Any employee off work due to illness or injury shall contact the Battalion Chief daily
prior to the start of the assigned shift, or as otherwise instructed by the Battalion Chief, to
report changes in his/her condition or whereabouts. The Battalion Chief may make an
11
exception to the daily reporting requirement after he has determined that the illness or
injury is prolonged and properly documented by a physician.
SECTION V
The purpose of sick leave is to avert loss of wages in the event of bona fide illness.
While sick leave is an earned benefit, it is the responsibility of each employee not to
misuse or abuse this benefit. It is likewise the responsibility of the Employer to take
appropriate steps or action against those employees that appear to have abused such
benefits.
ARTICLE 9
DEATH IN THE FAMILY
In the event of a death in the immediate family of an employee covered by this
agreement, the employee shall be granted up to three (3) calendar days off, with pay, at
the time of the emergency. Immediate family shall be defined as follows: spouse,
children, mother, father, brother, sister, or grandparents of the employee or the
employee's spouse. Immediate family shall also include any relative living in the same
household.
In the event of a death of an employee's grandchildren/grand-child the Battalion
Chief will endeavor to allow the employee to take emergency vacation or holidays for a
period not to exceed three (3) days, provided the employee has sufficient accrued
vacation and/or holiday leave. In the event the employee does not have sufficient
vacation or holidays, the employee shall be allowed to take personal leave.
12
ARTICLE 10
HOLIDAYS
SECTION I
Employees shall be entitled to and granted the following ten (10) paid holidays, or
days in lieu thereof.
1. New Year's Day 6. Labor Day
2. Martin Luther King, Jr. Day 7. Thanksgiving Day
3. Good Friday 8. Day after Thanksgiving
4. Memorial Day 9. Christmas Day
5. Independence Day 10. One "Floating" holiday as designated
each year by the City Council.
SECTION II
A. Employees shall be allowed to accumulate a maximum of twenty (20)
holidays, except in those cases beyond the control of the employee 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 upon the
effective date of this contract shall be allowed to retain all such holidays until such excess
holidays are assigned by the Employer or taken at the employee's option.
C. The Employer shall have the discretion to assign accumulated holidays in
excess of twenty (20).
D. The Employer shall have the authority to assign up to three (3) accumulated
holidays to be taken at the end of one vacation segment per year.
E. Employees shall be allowed to schedule holidays up to forty-five (45)
calendar days in advance of the requested time off, if the Battalion Chief determines that
the requested holidays are available.
If such requested holidays are not available, shift exchange may be arranged by
13
the employee.
SECTION III
Upon separation from the Fire Department, employees shall be compensated for
all unused holidays at their regular rate of pay.
SECTION IV
Employees who have accumulated holidays 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 11
VACATIONS
SECTION I
Vacation allowances shall be based upon the following schedule: fifteen (15)
working days vacation for employees with one year of service but less than ten years
service credit; twenty-one (21) working days vacation for employees with ten but less
than twenty years of service credit; twenty-seven (27) working days vacation for
employees with twenty but less than twenty-five years of service credit; and thirty (30)
working-days vacation for employees with twenty-five or more years of service credit.
SECTION II
Fire Department employees assigned to suppression shall be allowed to split their
vacations into multiples of six (6) shifts. Fire Department employees assigned to
Administration, Training and Prevention shall be allowed to take their vacations as
scheduled by the Fire chief or his designate.
14
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:
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 that align with the start of the
shift schedule, with the following exception five (5) days with a D-Day:
a. After all vacations are scheduled an employee may opt to move
vacation days to any 12 hour (one day) segment that has 3 or fewer
personnel scheduled for vacation.
b. This rescheduling will occur on a first come first served basis.
3. Choice of second vacation segment shall only occur after all employees on
that rank have had their first choice.
4. Choice of third vacation segment shall only occur after all employees on
that rank have had their second choices.
5. Choice of fourth vacation segment shall only occur after all employees on
that shift have had their third choice.
6. Choice of fifth vacation segment shall only occur after all employees on that
shift have had their fourth choice.
7. Fire Department employees assigned to Administration, Training and
Prevention (i.e. Non-suppression) will have their vacation assigned at the
discretion of the Fire Chief.
15
SECTION IV
Battalion Chiefs will be responsible for scheduling vacations for personnel
assigned to suppression 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 is adopted for all other
employees of the City of Port Arthur.
ARTICLE 12
OVERTIME PAY
SECTION
Except as may be otherwise specified in other provisions of this agreement, all
hours worked outside an employee's regular schedule shall be paid at the rate of time
and one-half (1-1/2) their regular rate of pay. Partial hours shall be paid to the nearest
15-minute increment. Vacation, holiday, compensatory time, or death in the family leave
shall be deemed as hours worked for purpose of qualifying for overtime at the rate of time
and one-half. For the purposes of payroll, premium pay will be calculated based on hours
worked, or used, during that payroll period.
SECTION II
The base rate of pay for the purpose of computing overtime pay (including call-
back pay) shall be the annual salary of the employee divided by 2756 hours.
SECTION III
Employees who are called back to work from off-duty shall be guaranteed a
minimum of two hours at time and one-half.
16
SECTION IV
An overtime log shall be maintained by the Employer indicating the hours of
overtime by each employee, and a copy of the log shall be posted monthly at each
station. "Hours of Overtime" shall include both overtime hours worked and compensatory
time earned.
SECTION V
The Battalion Chief shall endeavor to distribute non-emergency overtime on a
fair and equitable basis to the employee with the least overtime hours in accordance
with Section IV.
SECTION VI
An employee shall not be required to accept a scheduled overtime while on
vacation, holiday, sick leave, designated day off (D-Day) or other authorized leave.
However, the Department reserves the right to hold over individuals already on duty to
ensure necessary staffing for a subsequent shift.
SECTION VII
An employee shall not be required to accept scheduled overtime that would require
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 of such refusal shall appear as a
"cartwheel" on the monthly overtime list.
SECTION IX
Employees shall be required to report when called to any emergency situation,
except when on sick or injury leave.
17
SECTION X
Employees shall have their overtime accumulation balance set equal to the
average overtime accumulation balance held by employees in the rank they enter, plus
one hour, on the date they enter that rank.
SECTION XI
Those employees assigned, temporarily or permanently, to a 40-hour workweek
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 Chief.
ARTICLE 13
SENIORITY AND PERSONNEL REDUCTION
SECTION I
Departmental seniority shall be calculated from date of employment in the Fire
Department.
SECTION II
The Employer shall have a written policy detailing the process by which employees
may bid for station assignment. Seniority in rank shall be the determining factor, unless
and except there is cause for denying such station assignment as determined by the Fire
Chief.
SECTION III
In the case of personnel reduction, the employee with the least seniority within the
department shall be laid off first. Employees shall be recalled in the order of their
seniority.
•
18
SECTION IV
Application of seniority with regard to promotions shall be in conformity with
applicable state law.
ARTICLE 14
LONGEVITY
The Employer shall pay the employee, in addition to his/her regular salary and any
other compensation, four (4) dollars per month for each year of service in the department
to a maximum of twenty-five (25) years of service.
ARTICLE 15
INSURANCE
SECTION
The Employer agrees to pay the premium cost of each permanent employee's
group health and dental insurance and 50% of each permanent employee's dependent's
group health and dental insurance premium starting at six months of employment.
Provided, however, the selection of insurance carrier and the determination of the level of
benefits 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 effect at the signing of
this contract or that may come into effect during the time of this contract. However, at no
time during the term of this agreement shall the employee premium for dependent group
health and dental insurance exceed that paid by non-civil service employees. Employees
hired on or after 10/01/15 will be placed in Tier 1 of the City of Port Arthur group health
plan which is a Health Savings Account; however, the employee may access Tier 2 of the
City of Port Arthur Group Health plan (PPO) by buying up (paying) the premium
difference.
19
SECTION II
The Employer shall provide, at no cost to each permanent employee an amount
equal to one (1) years base pay natural death coverage plus $5,000 accidental death and
dismemberment coverage. Also, the Employer shall allow the Fire Fighters to participate
in the City's Voluntary AD&D programs through payroll deduction.
SECTION III
The Employer shall allow all Fire Fighters to participate in the cafeteria plan as
outlined under Section 125 of the IRS Code.
ARTICLE 16
UNION ACTIVITIES
SECTION
A written list of Union stewards and other officers and representatives shall be
furnished to the Employer immediately after their designation, and the Union shall notify
the Employer of any subsequent changes.
SECTION II
Upon approval of the Battalion Chief, one steward per shift shall be granted
reasonable time off during working hours without 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 Union (President, Vice President, Secretary,
Treasurer) shall be allowed to take their own accumulated holidays upon approval of
20
Battalion Chief to attend to union business.
SECTION V
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.
SECTION VI
The Employer shall provide space in the fire stations for the Union to place a
bulletin board for the use of the Union in a convenient and accessible place not to exceed
3' by 3'.
SECTION VII
The Union agrees not to place any material on the bulletin boards which is critical
of management, or which endorses any political candidate.
SECTION VIII
Subject to prior notification and approval from the Chief, 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.
SECTION IX
The Association shall be granted a maximum of three hundred (300) hours of paid
time off for use by employees designated by the Association to attend Association,
pension and job related conventions, schools, conferences, seminars, and workshops for
each fiscal year of the contract. Any unused pool time not utilized during the contract
year for which it was donated shall expire after the end of the fiscal year for which it was
21
donated. The Association shall submit requests for such time off at least two (2) weeks
prior to the date desired. Provided; however, nothing herein shall preclude the
Association from requesting time off less than two (2) weeks prior. Said request shall not
be unduly denied if time off is available. In no case shall the use of said leave create an
overtime situation for the City based on the information available at the time of the
request.
Should time off be denied at the time of the request, but later becomes available
before the date of the time requested off, the City will endeavor to inform the Association
of this availability.
Requests for such time shall be submitted in writing to the Fire Chief or his
designee.
In no case shall the Fire Chief, or his designee, unduly withhold permission for the
use of said time if it is available, and a timely answer shall be provided for such request.
Any time in this pool will expire at the end of the contract term.
ARTICLE 17
APPEALS & GRIEVANCE PROCEDURE
SECTION I -APPEALS
Appeal from an action for which an appeal or review is provided by Chapter 143 of
the Local Government Code, either to the Civil Service Commission or to an independent
third party hearing examiner, shall be conducted in accordance with Chapter 143 of the
Local Government Code and are not subject to this grievance procedure.
SECTION II - DEFINITION OF GRIEVANCES
Either party may utilize this grievance procedure for the fair, expeditious and
orderly adjustment of grievances. A grievance is defined as any dispute or disagreement
involving the interpretation, application or alleged violation of an express provision of this
22
agreement.
SECTION III - FILING
The Union or the Employer shall file a grievance, as herein defined, within twenty
(20) calendar days of the occurrence of a dispute or 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 considered applicable or
alleged to have been violated, if any;
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 report an anticipated
grievance to the Fire Chief in an effort to avert the grievance.
The Fire. Chief, or his authorized representative, may report an anticipated
grievance to the Union in an effort to avert the grievance.
SECTION V -ADJUSTMENTS OF UNION GRIEVANCES
1. The Union or any employee who is aggrieved shall file a written grievance giving
the nature and details of the incident which led to his/her grievance with the U-
nion's grievance committee. The report must be submitted to the committee within
ten (10) business days of the date upon which the employee or the Union, as
applicable, 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 committee, no
23
grievance exists, the committee shall notify the member and no further action shall
be taken. If the committee determines that a grievance exists, the Union President
or his alternate shall present the grievance in writing to the Fire Chief or his
designee and/or the Battalion on duty within a ten (10) day time frame. It shall be
the duty of the Union President or his alternate to present all known relevant
information to the Fire Chief at such time. If the grievance is denied, the reasons
for denial shall be included in writing. The Chief's written response shall be
submitted within ten (10) business days after receipt of the written grievance to any
Union principal officer (i.e. President, Vice-President, Treasurer, Secretary) or any
member of the Union grievance committee. .
3. 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 or his
designee within ten (10) business days.
4. The City Manager, or his designee, shall submit this answer in writing to the Fire
Chief and to any Union principal officer (i.e. President, Vice-President, Treasurer,
Secretary) or any member of the Union grievance committee within ten (10)
business days thereafter.
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 decision by the City
Manager of its election to invoke arbitration.
SECTION VI -ADJUSTMENTS OF MANAGEMENT GRIEVANCES
1. The Fire Chief or his authorized representative shall file a written grievance with
the Union giving the nature and details of the incident which led to the grievance.
The report must be submitted within twenty (20) calendar days of the date upon
24
which the Fire Chief or other appropriate management representatives knew of or
should have known of, the occurrence, or occurrences, giving rise to the grievance.
It shall be the duty of the Chief, or his alternate, to present all known relevant
information to the Union at such time.
2. The Union's written response to the grievance shall be submitted to the Chief, or
his authorized representative, within 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 days in the
event of a decision to invoke arbitration.
SECTION VII -ARBITRATION
1. The parties shall jointly request a panel of seven (7) arbitrators from the American
Arbitration Association or the Federal Mediation and Conciliation Service.
2. Except upon agreement of both parties, two or. more grievances may not be
consolidated for hearing by the selected arbitrator.
3. Within ten (10) calendar days from the receipt of such panel, a representative of
the Union and the City shall meet and alternately strike names until one (1) arbi-
trator remains who shall be selected as the impartial arbitrator. The Union shall
make the first strike.
4. Upon notification to the American Arbitration Association or the Federal Mediation
and Conciliation Service of the selection of the arbitrator, and the arbitrator is
contacted, the date for the arbitration hearing shall be set within twenty (20)
calendar days from the date the arbitrator is notified of his selection.
5. Upon request of either party, the parties shall exchange the names of witnesses
25
expected to be called at the hearing. The exchange shall be made at least two (2)
• days prior to date of hearing.
In the absence of good or excusable cause, the arbitrator may exclude the
testimony of a witness upon the failure of a party to disclose such a 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 of the
evidence.
7. All hearings shall be public, unless the hearing may be closed as provided in the
Texas Open Meetings law. In any event, the final decision of the arbitrator shall be
public, although public announcement may be reasonably delayed 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 findings and recommended
remedy to the issues presented. A copy of the opinion shall be mailed or delivered
to the Union and the Employer.
9. With respect to the interpretation, enforcement, or application of the provisions of
this agreement, the decision, findings and 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, application, or
enforcement of this agreement or to matters fairly inferable therefrom, and he shall
be without power or authority to make any decision contrary to, or inconsistent with
or modifying or varying in any way, the terms of this agreement or of applicable
law, charter, or rules or regulations having the force and effect of law that are not
legally superseded or preempted by this contract.
26
11. The cost of the arbitrator shall be shared equally between the Union and the
Employer. Each party shall be responsible for the compensation of its own repre-
sentatives and witnesses and for any expenses incurred in its investigation of the
grievance. If a transcript of the proceedings is requested, 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 but if not
so extended, they must be strictly observed. If a party fails to pursue any grievance within
the time limits provided, he shall have no further right to continue the grievance. If the
specified time limits are not complied with by the City or the Union the grievance shall be
considered denied, and the grieving party may proceed to the next step in the grievance
procedure.
ARTICLE 18
SHIFT EXCHANGES
SECTION I
Shift exchanges will be allowed in the department with prior approval of the
Battalion Chief provided the exchange does not interfere with departmental operation.
An employee exchanging shifts does not relinquish his/her responsibility for a
person to be present on a particular shift, and will be docked in pay for that shift if the
employee consenting to work the shift fails to show at the designated station.
The substitute employee who shall fail to appear and work the exchanged shift
shall not, except in cases of emergency, as determined by the Battalion Chief, be allowed
to exchange shift work for one year thereafter.
27
SECTION II
An employee shall be granted shift exchange upon determination by the Battalion
Chief that the taking of an accumulated holiday would not allow for adequate manning, or
if the requesting employee has six (6) or less holidays accumulated.
SECTION III
On-duty Captains shall be allowed to grant emergency standbys of up to two (2)
hours. The Captain shall notify the Battalion Chief of all such standbys. Said standby
shall constitute a voluntary shift exchange.
ARTICLE 19
SAFETY & HEALTH PROGRAM
SECTION I
In order to maintain the highest standards of safety and health in the Fire
Department, and to eliminate, as much as possible, accidents, injuries, illness and death
in the fire service, a joint Union-Employer safety committee will be established within thirty
(30) days of the effective date of this contract. The committee shall consist of six
members appointed by the Union; however, only two members per shift shall attend
meetings, and two members appointed by the Employer. The chairman shall alternate
from Union to Employer members quarterly.
SECTION II
The basic functions of the committee are as follows:
A. Meet monthly on the second 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 by both
28
parties at the subsequent meeting. A copy of these minutes shall be
forwarded to the Fire Chief and the City Manager.
C. Make periodic inspections, at least quarterly, of fire department
facilities, apparatus, protective equipment, protective clothing and
devices.
D. Weekly apparatus reports shall be available for review at the monthly
committee meetings.
E. Make written recommendations 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 in the
future, review and provide comment upon recommendations of in-
vestigating supervisors.
G. Recommend modifications to standard operating procedures for on-
site medical care, transportation, hospital tests and other
requirements for on-duty employees' injuries and illnesses.
H. Committee members shall suffer no loss of pay for time spent on
investigations, inspections, and committee meetings while on duty.
Safety Committee shall jointly recommend a Safety policy for
Department use.
J. A member of the Union Safety Committee shall be notified of any
on-the-job illness or injury which requires medical attention as soon
as reasonably possible as determined by the Battalion Chief.
29
SECTION III
All findings and recommendations of this committee shall be forwarded to the Fire
Chief and the City Accident Review Board. The findings and recommendations of the
committee shall be advisory only and shall not be binding.
SECTION IV
The Employer shall provide first aid and/or if necessary call for immediate
transportation to ensure that the firefighter receives professional medical care as soon as
possible. First aid shall consist of on-site treatment and subsequent observation of minor
injuries which do not require medical attention.
SECTION V
In all cases where an employee who, in the performance of his duty, takes the life
of or causes the serious injury of another person, or is seriously injured as a result of the
overt act of another person, he shall with notification to the Fire Chief undergo a
debriefing with a City appointed psychologist or psychiatrist at the expense of the City, as
soon as is possible after the incident:
Additionally, if the employee after participating in any other job related traumatic
incident shall with notification to the Fire Chief, undergo a debriefing with a City appointed
psychologist or psychiatrist at the expense of the City.
In either case, if it is medically determined that further counseling is appropriate; it
shall be provided at the City's expense. Such counseling, including the initial debriefing,
shall not be related to any Department investigation and nothing discussed within the
mental health information privilege, as defined by state law may be reported to the
Department, except that if an employee undergoes extended treatment, information
concerning anticipated length, dates, and times of treatment may be provided by the
30
psychologist or psychiatrist to the City upon request. 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 impairs his/her ability to
perform his/her job, or presents a danger to co-workers, or citizens, the psychologist or
psychiatrist shall so advise the City.
Serious injury shall mean the same as serious bodily injury as defined in the Texas
Penal Code*. Trauma shall mean a serious injury or shock to the body, as from violence
or an accident including an emotional injury that created substantial damage to the
psychological development of a person.
*Serious Bodily Injury - Texas Penal Code 1.07 (a) (34) "Serious bodily injury"
means bodily injury that creates a substantial 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 LOCKOUTS
The parties hereby recognize that strikes, lockouts, work stoppages, and
slowdowns of fire fighters are unlawful and are prohibited by law.
ARTICLE 21
EDUCATIONAL ASSISTANCE
SECTION I
Any full-time employee of the Fire Department enrolled in an accredited college
course will be reimbursed for tuition, required student services fees, building and lab fees
upon approval of his/her application for educational assistance by the Fire Chief and City
Manager. Reimbursement is contingent upon completion of the course with a grade of
"C" or better, proof of which must be supplied to the Finance Department.
31
SECTION II
Employees may submit application to the Fire Chief for attendance of job related
seminars meeting the criterion of Section III. Upon approval of application, the City shall
pay for the seminar. Notices of seminars, symposiums, and special schools received by
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 present position for the
purpose of:
1. Improving skills or knowledge required in his present position.
2. Preparing the employee for significant technological changes occurring in
his career field.
3. Preparing the employee for assumption of new and different duties.
SECTION IV
Upon completion of course work for which the employee has received
reimbursement from the Employer for costs incurred, the employee must remain in the
service of the Employer for two (2) years, otherwise all sums paid by the Employer must
be reimbursed by 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 at twice their
regular hourly rate from the time they arrive at the diving operation and begin preparing to
32
dive until relieved of such duty by the Battalion Chief. All other fire personnel on regular
duty at the scene, including certified divers who are not actually involved in diving, will be
paid at their regular, rate of pay.
SECTION II
Except in the case of possible life saving dives or other 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-duty to perform diving duties
shall be paid a minimum of two (2) hours pay at twice their regular rate of pay.
SECTION IV
Personnel assigned to,airpack repair and certified to perform such airpack repair
test shall receive an additional $50.dollars per month in addition to other 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 confined space rescue
teams shall be $40.00 per month.
SECTION VI
In the event of a major disaster which is of such severity and magnitude to warrant
an emergency declaration by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, including local ordinances and similar legislation, civil
service workers will receive inclement weather pay in the amount not to exceed twelve
(12) hours per day for the time they expend as emergency service workers during the
disaster.
33
ARTICLE 23
CERTIFICATION PAY
SECTION I
Effective October 1, 2008, City of Port Arthur Fire Fighting personnel who provide
proof of receipt of certification at the Intermediate Structural Firefighter level shall receive
certification pay in the amount of $50.00 (fifty dollars) per month. Effective October 1,
2008, 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 $75.00 (seventy-five dollars) per month. Effective October 1, 2008, City of
Port 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 $125.00
(one-hundred twenty-five dollars) per month. All certifications shall be issued by the
Texas Commission on Fire Protection. Employees will only receive payment based on
the highest structural certificate held.
Effective October 1, 2011, City of Port Arthur Fire Fighting personnel who provide
proof of receipt of certification at the Intermediate Structural Firefighter level shall receive
certification pay in the amount of $100.00 (one hundred dollars) per month. Effective
October 1, 2011, 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 $200 (two hundred dollars) per month. Effective October 1, 2011, City of
Port 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 $300.00
(three hundred dollars) per month. All certifications shall be issued by the Texas
Commission on Fire Protection. Employees will only receive payment based on the
highest structural certificate issued.
34
SECTION II
Employees who obtain and maintain the following certification shall receive
certification pay in the amounts as follows:
Emergency Care Attendant (ECA) $25 per month
Emergency Medical Technician $50 per month
Emergency Medical Technician Intermediate (EMT-1) $75 per month
Emergency Medical Technician Paramedic (EMT-P) $100 per month
Employees are limited to payment for only one certification in this section.
Employees holding more than one of the above certification shall be compensated for the
one certification with the highest level of compensation.
SECTION III
Employees who complete a hazardous materials emergency response training
program, and who maintain the necessary refresher course hours, meeting the
requirements of OSHA 1910.120 at the awareness level, or higher, shall receive
additional pay in the amount of$25.00 per month.
SECTION VI
Employees who obtain and maintain the following certification shall receive
certification pay in the amounts as follows:
Fire Inspector or Fire Investigator $25 per month
Arson Investigator $50 per month
Employees or limited to payment for only one certification in this section. An
employee holding more than one of the above certifications shall be compensated for the
one certification with the highest level of compensation.
35
ARTICLE-24
TEMPORARY DUTIES IN HIGHER CLASSIFICATION
When determining who will temporarily fill a position in a higher classification,
"Acting Positions", as authorized by Local Government Code 143.038, the department
shall (except for reasons listed below) follow the certified promotional eligibility list of
those passing the test and for up to one hundred eighty (180) days after the expiration
date of the list in the event that another list has not been established by an exam. If more
"Acting Positions" are needed to temporarily fill a position in a higher classification, those
positions shall be filled based on rank seniority by shift from the next lower rank.
Exception(s): 1) At shift change, if above procedure would disrupt department operation.
2) Fire Chief may disregard above procedure for cause on a case by case basis. 3) An
employee may request in writing, stating the reason(s) he/she does not wish to act, that
his/her name be removed from "Acting Position" consideration. An employee, stating in
writing that he/she does not wish to act, will not be considered for promotion to that rank
until such time as a new test is given.
An employee acting in a higher classification shall be compensated at the base
salary of the position plus his own longevity or seniority pay, education incentive pay,
and certification pay during the time he performs the duties.
The base hourly rate of the "Acting Position" shall be the yearly starting base
salary of the position divided by 2756 hours for shift employees and 2080 hours for 40-
hours per week employees.
36
ARTICLE 25
CLOTHING
SECTION I
The employer shall provide to each new employee the following:
1. Three (3) uniform shirts
2. Three (3) tee shirts
3. Three (3) 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
9. One (1) pair duty foot wear
10. Two (2) sweat/job shirts
The Employer shall replace any of the above items as needed, as determined by
the Clothing Officer or other appropriate representative of management.
SECTION II
The Employer shall provide, maintain and replace personal protective clothing and
equipment in accordance with State and Federal requirements.
ARTICLE 26
EMERGENCY MEALS
SECTION I
All fire fighters engaged in the performance of duties including but not limited to fire
fighting and other emergency work and are required to perform such duties away from a
fire station shall be furnished beverages as needed and meals of sufficient quantity and
nutritional value.
ARTICLE 27
COMPENSATORY TIME
SECTION I
The Fire Department shall grant compensatory time at the rate of one and one-half
hours for each hour voluntarily spent outside regularly scheduled hours to attend or
37
participate in authorized seminars, training, or special Fire Department activities such as
Fire Prevention Week, with prior approval by the Fire Chief.
SECTION II
All schools, seminars, training or special Fire Department activities where
attendance or participation outside regular hours is mandatory shall be paid in overtime.
SECTION III
Employees shall be allowed to schedule compensatory time up to thirty (30)
calendar days in advance of the requested time off, if the Battalion Chief determines that
the requested compensatory time is available.
Compensatory time for suppression employees must be taken in 12-hour
increments unless the employee has less than 12 hours. In such case, all hours must be
taken at the same time. Compensatory time for non-suppression employees must be
taken in 8-hour increments unless the employee has less than 8 hours. In such case, all
hours must be taken at the same time.
SECTION IV
Any compensatory time not taken before separation of employment shall be paid
in accordance with the Fair Labor Standards Act.
SECTION V
Vacation, holiday, compensatory time, or death in the family leave shall be
deemed as hours worked for purposes of qualifying for compensatory time at the rate of
time and one-half.
38
ARTICLE 28
PENSION
During the term of this agreement, employees shall continue to participate in the
Firemen's Relief and Retirement Fund in accordance with and subject to the provisions of
the statues of the State of Texas now applicable or as they may hereafter be amended.
The contributions paid by the City for the Firefighters into the Firemen's Relief and
Retirement Fund shall be in accordance with state statutes and shall be paid at a rate
equal to the percentage rate paid by the City into the pension plan of the Texas Municipal
Retirement System for all other employees of the City.
Pursuant'.to the Social Security Act, the Employer also agrees to pay the
Employer's share of the federally established Medicare premium on behalf of all
permanent employees hired after April 1986.
ARTICLE 29
PERSONNEL FILES
SECTION
Employee personnel files shall be governed by Section 143.089 of the Local
Government Code with the following stipulations:
1. A Letter of Reprimand is not considered a disciplinary action and will be
filed in the Department's file as outlined in Section 143.089(g). An
employee shall be provided a copy of the Letter of Reprimand at the time of
its inclusion in the (g) file.
2. Only Section 143.089(a) (2) items shall be subject to the provisions of
subsections (c) and (d) of Section 143.089.
3. Although a Letter of Reprimand is not considered a disciplinary action, it
may be considered along with documents of commendation, congratulation,
39
or honor bestowed on the fire fighter by the public or by the empowering
department, when determining the degree of punishment in future
disciplinary actions.
SECTION II
Any member of the bargaining unit may review his/her own personnel file(s), the
file maintained by the civil service director and the Department maintained file, under
supervision during regular office hours. All employees shall notify the Employer in
advance of his/her intent to view such file in order that a reasonable time may be mutually
agreed upon for such purpose.
In the case of an emergency, the foregoing advance notice requirement shall be
waived, if appropriate supervisory personnel are on duty to supervise the file review.
40
ARTICLE 30
WAGES
SECTION I
The following annual base salaries are as indicated below:
10/01/14 10/01/15 10/01/16
3% 3% 3%
Firefighter
Entry $50,755.12 $52,277.68 $53,846.21
6 Months $52,815.57 $54,400.11 $56,032.08
1 Year $54,834.00 $56,478.86 $58,173.44
2 Years $55,240.64 $58,604.62 $60,362.85
5 Years $58,912.05 $60,679.22 $62,499.63
10 Years $59,457.01 $61,240.82 $63,077.87
Fire Engineer
$65,025.17 $66,975.79 $68,985.28
Fire Captain
$71,025.55 $73,156.51 $75,351.12
Asst.Fire Marshal
$71,025.55 $73,156.51 $75,351.12
Fire Marshal
$77,729.60 $80,061.49 $82,463.26
Battalion Chief
$77,729.60 $80,061.49 $82,463.26
Deputy Chief
$84,833.47 $87,378.47 $89,899.83
*Any wage increases granted to other city employee established groups(civil service or non-civil service)that
are higher than the above increases,will apply to all bargaining unit members.
SECTION II
The entry level fire fighter salary shall be effective from the date of employment
provided the new employee has a current Texas Commission on Fire Protection Basic
Fire Fighter or higher certification and a Texas Department of State Health Service
EMT-Basic or higher certification; otherwise the effective date will be upon attainment of
these certifications by the employee. All subsequent fire fighter salary steps shall be
calculated from latest one of these applicable dates.
SECTION III
The Deputy Fire Chief shall retain all applicable Civil Service rights; however, for
the purposes of wages the City shall have the ability to set wages for the Deputy Fire
41
Chief pursuant to established wage and compensation procedures. The wage increase
granted to the Deputy Fire Chief shall not exceed 2% above the wage increase granted
to the bargaining unit.
ARTICLE 31
HOURS OF WORK
Annual regular hours are based on fifty-three hours per week for total annual
regular hours of 2,756 for all personnel, except that personnel regularly assigned to fire
prevention services (i.e., Assistant Fire Marshal and Fire Marshal) work 2,080 annual
hours.
ARTICLE 32
AFFIRMATIVE ACTION
The Union and Employer agree that the present composition of females and
minorities in the Fire Department does not reflect the composition of females and
minorities in the City of Port Arthur. It is the desire and commitment of both parties that
the make-up of the Fire Department be more reflective of the community served.
Therefore, in order to ensure-that sufficient minority and female candidates apply
for future Fire Department vacancies, intensive recruiting efforts directed at minorities and
women will be implemented by each party.
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 Employee Relations Act.
42
ARTICLE 34
MISCELLANEOUS PROVISIONS
SECTION I
A copy of this agreement shall be given to each employee, and all rules,
regulations, and policies pertaining to employees shall be in writing and shall be available
at every fire station.
SECTION II
Chapter 614 Subchapter B Sections 614.021, 614.022, and 614.023 of the
Government Code shall apply to the investigation of complaints, both internal and
external, which might result in disciplinary action with the following stipulations:
1. The Department will provide the employee with a written notice that it is
conducting an investigation of a complaint regarding the employee and a
description of-the alleged conduct. Where a written complaint has been
received, the complaint shall be attached to the notice.
2. Where the Fire Chief has received what he believes to be credible evidence
of possible misconduct by an employee, notwithstanding the absence of a
written complaint, the Fire Chief or his designee may function as the
complainant and he notice of investigation, containing a description of the
alleged misconduct, signed by the Chief or his designee, shall serve as the
written complaint.
3. The Department may conduct interviews with the employee who is the
subject of the complaint, and/or may require a signed written statement
from the subject. Where an interview has been conducted and reduced to
writing, the employee shall be given an exact copy of the statement he
executed.
43
4. An employee, who is the subject of an investigation which may lead to
disciplinary action, shall have the right to the presence of a Union
representative during the interview and during the preparation of any written
statement the employee may have been directed to submit. In a meeting
where Fire Chief intends to deliver to the employee an order of disciplinary
action, the employee shall have the right to the presence of a Union
representative; however, the failure of the Union to fulfill its obligations
within a reasonable period of time shall not bar the Fire Chief or his
designee from conducting interviews, nor the Fire Chief from delivering an
order of disciplinary action. Where the Fire Chief must, of necessity, deliver
a disciplinary order to an incarcerated employee, the right to the presence
of a Union representative, for purposes of delivery of the order only, is
waived.
5. Disciplinary action is defined as suspension, indefinite suspension, or
involuntary demotion; it does not include a Letter of Reprimand.
In addition to the rights outlined above, during a promotional Passover discussion
as outlined in Local Government Code Section 143.036(f); or during an interview by the
Chief or his designee or the preparation of any written statement the employee may have
been directed to submit, which may lead to a Letter of Reprimand, an employee shall
have the right to have a Union representative present.
44
SECTION III
Employees shall be paid by direct deposit every two (2) weeks. Employees shall
have a copy of their check stub mailed to their respective home address every pay period,
until such time as the City implements an electronic pay stub and deduction system.
SECTION IV
Upon notification to the Captain on duty, employees shall be allowed to standby
for an employee reporting late for his/her shift; provided, however, that such standby
arrangement is mutually agreeable and understood by all parties to constitute a shift
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.
SECTION VI
All terms and conditions of employment currently in effect, that are of benefit to
employees and that are not specifically provided for in this agreement shall remain in
effect during the term of this agreement unless mutually agreed otherwise.
SECTION VII
Employees of the Bargaining Unit shall have the option to choose either ICMA-RC
or Nationwide Retirement Solutions as a 457 deferred compensation plan and use payroll
deduction for payment.
45
ARTICLE 35
SAVINGS CLAUSE
If any provision of this Agreement is subsequently declared by competent judicial
authority to be unlawful or unconstitutional, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
ARTICLE 36
IMPASSE
In accordance with the charter provision, in the event that the City of Port Arthur
and the Association, Union, have reached an impasse as defined under Vernon's
Annotated Civil Statutes of Texas, Article 5154c-1, Section 9 now codified as Chapter 174
of the Texas Government Annotated, the Fire and Police Employee Relations Act.
(a) Either party to the dispute, after written notice to the other party containing
specifications of the issue or issues in dispute, may request arbitration not more than
once during any fiscal year. In the event that one party makes a request for arbitration,
then both parties shall submit all issues in dispute to arbitration. The issues to be
submitted to arbitration shall be all matters which the parties have been unable to resolve
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.
46
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
contained shall be affected, modified, altered, or changed in any respect whatsoever by
the consolidation, merger or annexation, transfer or assignment, of either party hereto, or
affected, modified, altered or changed in any respect by any change in the ownership or
management of either party hereto, or by any change geographically of place of business
of either party hereto.
ARTICLE 38
HIRING
SECTION I
The hiring and eligibility list placements for beginning positions in the fire
Department shall be in accordance with the provisions of the Texas Local Government
Code Chapter 143, Municipal Civil Service except as provided in Section II.
47
SECTION II
Once an eligibility list has been established in accordance with State Civil
Service laws, all bona fide Port Arthur residents-(providing proof they have resided in
Port Arthur, for three (3) months prior to the examination)- will be placed at the top of
the list in rank order. The Fire Chief may 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 effective date of this
agreement shall be null and void.
ARTICLE 39
APPOINTMENT OF THE DEPUTY FIRE CHIEF
SECTION I
The department head may appoint one person to the Deputy Fire Chief position.
The qualifications for appointment and removal and the rights of the appointed person
shall be in compliance with the applicable Sections of 143.014, Local Government Code.
SECTION II
Members of the department may refuse appointment to the Deputy Fire Chief
position. A person appointed to the Deputy Fire Chief position shall have the right to be
removed from the position at his/her request.
SECTION III
In the event that a person appointed under this article is removed and reinstated to
his/her classified position before appointment, no member of the bargaining unit shall be
demoted or terminated as a result of the appointee's reinstatement to his/her previous
position.
48
ARTICLE 40
FAMILY MEDICAL LEAVE ACT
The Family Medical Leave Act shall be governed by the City of Port Arthur
Personnel Policy. The City of Port Arthur and the International Association of Fire
Fighters Local 397 in compliance with the Family Medical Leave Act (FMLA) codified as
29 USC, Section 2601, et seq. do hereby incorporate herein, and make part hereof, said
ACT as part of this agreement as if fully delineated herein. All employees are subject to
Section 17-82 (h) Family Medical Leave Act Policy as delineated herein below. Provided,
however, that the City is hereby empowered to make modifications consistent with
Department of Labor (DOL) interpretations and with mandated and/or statutory
requirements.
Family Medical Leave Act Policy
In recognition, and support, of the Family Medical Leave Act the City of Port Arthur
hereby sets forth its policy regarding the use of leave under the.Family Medical Leave Act
(FMLA), codified as 29 USC, Section 2601, and et seq. This policy shall become
effective concomitant with the effective date of the Act which is August 5, 1993 for non-
Civil Service employees.
The Family Medical Leave Act shall apply to employees covered by a Collective
Bargaining Agreement on the date the Collective Bargaining Agreement terminates, but
not later than February 5, 1994.
Eligible Employees - All employees who have been employed with the City at least
12 months at the time the leave begins and who has completed at least 1,250 hours of
service with the City during the previous 12 month period.
Husband and Wife Employed By the City- (i) the aggregate leave for both spouses
49
is limited to 12 weeks during any 12-month period for the birth or placement of a son or
daughter or to care for a sick parent; (ii) if one spouse is ineligible for FMLA leave, the
other spouse would be entitled to a full 12 weeks of FMLA leave; (iii) for their own serious
health condition, or to care for their spouse or son or daughter, each spouse would be
entitled to a total of 12 weeks of leave during any 12-month period.
Eligible Leave Events - Eligible employees, male or female, may take up to a total
of 12 weeks unpaid, job protected leave for the birth of a child of the employee or place-
ment of a child with the employee for adoption or foster care; for the employee to care for
the employee's child, spouse, or parent who has a serious health condition; and/or, for
the employee's own serious health condition which makes the employee unable to
perform the functions of the position of the employee.
Serious Health Condition- A serious health condition as defined by the FMLA is
any illness, injury, impairment, or physical or 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.
II
Eligible employees desiring to utilize leave authorized under the Family Medical
Leave Act must do the following:
(i) Notify their supervisor in writing at least 30 days in advance, whenever
practicable, of their desire to take leave pursuant to the Family Medical
Leave Act.
50
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 designate's,
signature.
Approval lines shall be provided for the Department Head, Director of
Personnel and City Manager.
(ii) Eligible employees shall exhaust all accrued leaves (i.e. vacation, sick
leave, compensatory, etc.) as part of the leave designated pursuant to
FMLA prior to going on unpaid FMLA leave. Provided, however, when
leave is requested due to a qualifying event as defined by the statute,
eligible employees first exhaust accrued holidays, vacation and/or
compensatory time prior to using accrued sick leave if the requested leave
is for a qualifying event other than the employee's own serious health
condition.
The aforementioned paid leave shall count toward satisfying the maximum
12 week FMLA requirement.
III
Employees taking leave under the Family Medical Leave Act, subject to the
provisions of the Personnel Policy, shall be restored to their former position, or to an
equivalent position as defined by the FMLA, upon return from leave.
The City may deny restoration, pursuant to FMLA, to "key" salaried employees
51
who are among the highest ten percent of the employees employed by the City within 75
miles of the City. Such denial may take place if a determination is made that the resto-
ration would cause substantial and grievous economic injury to the operations of the
employer; and the employee on leave is notified in writing at the time the determination of
economic injury is made and elects not to return to work by (i) formally stating his/her
decision not to return or(ii) not responding within ten (10) days after receipt of notification.
IV
Employees will not accrue vacation or sick leave during any month in which they
are on FMLA designated leave for more than one-half the month.
V
Eligible employees will continue to be covered by the City's health insurance while
on FMLA designated leave.
Employees will be required to pay their portion of the dependent health insurance
premium. Such payments will be deducted while the employee is on paid leave; however,
when the employee is on UN-PAID-FMLA leave he or she is responsible for making the
required payments to the City. Failure to make such payments could result in the
termination of dependent coverage.
VI
Records relative to compliance with the Family Medical Leave Act shall be
maintained by City departments for three years from the date such leave is requested.
The Personnel Department shall maintain all records regarding leave under the Family
Medical Leave Act as part of the employee's Permanent Personnel File.
53
As a condition of employment, an employee shall abide by this policy and within five (5)
days of conviction shall notify his/her Battalion Chief of any criminal drug statute
conviction. Said Battalion Chief shall immediately notify the Fire Chief who in turn shall
immediately notify the City Manager.
B. Purpose
It is the purpose of this policy to set forth the guidelines under which the City will
actively enforce the prohibition of unlawful on-the-job manufacturing, distributing,
dispensing, using or possessing a controlled substance or an illegal drug; and prohibi-
tion of being intoxicated on the job by reason of introduction of alcohol, a controlled
substance, a drug, or any combination thereof into the body and the prohibition of using
or possessing alcohol on the job. Specifically, this policy will identify, for the purposes
of guidance but not limitation, job-related behaviors which will trigger reasonable
suspicion that violation of the policy may have occurred.
C. Scope of Application
This policy applies to all Firefighters of the City of Port Arthur. This policy covers
alcohol, all controlled substances, and all drugs, legal or illegal, which could impair an
employee's ability to effectively and safely perform the functions of his/her job. Unlawful
on-the-job manufacturing, distributing, dispensing, using or possessing a controlled
substance or an illegal drug; and being intoxicated on the job by reason of the
introduction of alcohol, a controlled substance, a drug or any combination thereof, into
the body, and using or possessing alcohol on the job, is expressly prohibited by this
policy. Violation of this policy will result in appropriate disciplinary action up to and
including termination of employment.
If there is a reasonable question whether the employee can safely and effectively
perform assigned duties while using any prescribed medication(s), the employee will be
required to obtain a written statement addressing any restriction from the physician
prescribing the drug(s). In accordance with the physician's written statement, the
Battalion Chief or Fire Chief shall determine whether or not the employee will (1) be
allowed to continue with normal work duties, (2) be placed in a temporary restricted job
if available, (3) be given altered job responsibilities in accordance with the foregoing, or
(4) be required to utilize sick leave until the effects of the medication subside or the
medication is no longer medically necessary. If a question arises about the Fire Chiefs
decision, it shall be handled according to Local Government Code 143.081.
Individuals whose drug or alcohol problem classified them as handicapped under
federal and/or state law shall not be discriminated against due to such handicap status
in the application of this policy. Any individual claiming handicap status must provide
medical documentation of such condition.
When drug screening is required under the provisions of this policy, a urinalysis test will
be given to detect the presence of only substances listed by SAMSHA at SAMSHA
52
VII
Complaints regarding an employee's treatment relative to the Family Medical
Leave Act shall first be registered with the Department Head, then the Director of
Personnel, and next with the City Manager. If an employee is unsatisfied with results
after these levels, he or she may register a complaint with the Wage and Hour Division of
the U.S. Department of Labor. Complaints filed with the Wage and Hour Division must be
filed within a reasonable time period after the employee believes his or her 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
provision shall prevail.
ARTICLE 41
PORT ARTHUR FIRE DEPARTMENT
DRUG AND ALCOHOL POLICY
A. Policy Statement
It is the joint responsibility of the City of Port Arthur and the Firefighters of the City of
Port Arthur to ensure the public trust and safety of our citizens and fellow employees.
Further, it is the obligation of the Firefighters of the City of Port Arthur to perform public
services while in optimal mental and physical condition in order to achieve maximum
efficiency and productivity. The City of Port Arthur recognizes that the on-the-job use of
and/or being under the influence of illegal drugs, controlled substances, and alcohol
results in serious and costly adverse job-related conditions which threaten the personal
health, safety, and well-being of the affected employee, fellow employees, and the
citizens of Port Arthur.
Further, the City recognizes that the unlawful manufacturing, distributing, dispensing,
possessing, or using of a controlled substance or illegal drugs in the workplace is a
criminal activity. Therefore, the City of Port Arthur prohibits unlawful on-the-job
manufacturing, distributing, dispensing, using, or possessing of a controlled substance
or an illegal drug; and prohibits being intoxicated on the job by reason of the introduc-
tion of alcohol, a controlled substance, a drug, or any combination thereof, into the
body; and prohibits using or possessing alcohol on the job; and hereby establishes a
policy with the intent to eliminate substance abuse and its effects in the workplace of
the City of Port Arthur.
54
listed cutoff limits at the time of testing.
D. Enforcement
The enforcement of this policy will reside with the Fire Chief as the administrator of this
contract. Enforcement of the policy may result in appropriate disciplinary action up to
and including the termination of employment for those employees who violate the
policy. However, the disciplinary action described herein shall not be construed as to
limit or apply in lieu of the disciplinary procedures prescribed for violations of other Fire
Department work rules or regulations, City ordinances, state or federal law, nor shall it
preclude the Fire Chief from imposing more severe appropriate disciplinary action,
including immediate termination, when the circumstances of the violation warrant more
severe discipline.
E. Definitions
1. On-the-job: the employee is considered to be "on-the-job" while on duty
or while designated as being "on-call". Employees who are authorized to
operate or ride in City vehicles are considered to be on duty at all times
while operating, driving, or riding in a City vehicle.
2. Drug: has the meaning assigned by Subdivision (16), Section 481.002,
Vernon's Texas Health & Safety Code and includes the meaning assigned
by 21 U.S.C., 802 and includes any controlled substance analogue as
defined by subdivisions j and .(6), of Section 481.002 and by U.S.C.,
802.
3. Illegal Drugs: any drug which cannot be legally obtained, or which, al-
though it can be legally obtained, has been obtained in violation of the
Texas Controlled Substances Act, Chapter 481, Vernon's Texas Health &
Safety Code or Federal Controlled Substances Act, 21 U.S.C., 801 et
seq.
4. Legal Drugs: any drug, which may be legally obtained through
prescription or over the counter.
5. Controlled Substance: has the meaning assigned by Subdivision (5_1
Section 481.002 Texas Controlled Substances Act Chapter 481, Vernon's
Texas Health & Safety Code and includes the meaning assigned by 21
U.S.C., 802 and includes any controlled substance analogue as defined in
subdivision of Section 481.002 and in 21 U.S.C., 802.
6. Alcoholic beverage: has the meaning assigned by Section 1.04 (1),
Alcoholic Beverage Code.
7. Intoxicated: means (A) not having the normal use of mental or physical
faculties by reason of the introduction of a controlled substance, a drug, or
a combination of two or more of those substances into the body; or (B)
having a blood alcohol concentration in excess of the legal limit in the
State of Texas at the time of testing.
8. Articles of Agreement: The Collective Bargaining Agreement between the
City and the Firefighters Union.
*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. Possessing or possession of alcohol: refers to bodily possessing an
alcoholic beverage while on the job. The mere presence of sealed or
unopened alcoholic beverages in a personal vehicle or boat shall not
constitute possession of alcohol.
At employee's expense or employee shall bear all expenses: shall mean
that the employee shall be responsible for all treatment and/or rehabilita-
tion cost not covered or paid for by or under the City's health insurance
plan.
F. Reasonable Suspicion
Reasonable suspicion shall be based on objective facts and/or observation of employee
conduct behavior while on the job. For purposes of guidance, the following factors may
be considered, along with the circumstances in each case, in determining whether or
not reasonable suspicion exists:
Presence of more than one of the physical symptoms of drug or alcohol use (i.e.,
glassy or bloodshot eyes, slurred speech, alcohol odor on breath, poor coordina-
tion and/or reflexes) verified by a second supervisor.
An unusual on-the-job accident or injury when physical symptoms of drug or
alcohol use are present.
Unprovoked physical or verbal altercation.
Erratic or bizarre behavior.
Possession of alcohol, or illegal drugs.
Signed written information obtained from a reliable person with personal
knowledge.
Self-admission of intoxication or being under the influence of illegal drugs and
abused legal drugs.
Direct observation of alcohol use or possession on the job.
Direct observation or knowledge of unlawful manufacturing, distributing,
dispensing, possessing, or using illegal drugs or controlled substances on the
job.
An arrest or citation for a drug related offense on or off the job.
G. Random Drug and Alcohol Testing
All fire fighters of the department shall submit to random drug and alcohol testing as
selected by manual random sample. The City may randomly test up to 50% of all fire
fighters during a one-year period. All testing will be performed at City expense. All
testing will be split sample testing. All random testing shall be conducted at Forward
Edge, Inc. In the event Forward Edge, Inc. is unable to perform random testing to meet
the conditions of this agreement, a mutually agreed, alternate drug testing facility will be
utilized.
In the event of a critical incident or reasonable suspicion of drug or alcohol use, the City
56
may use a licensed medical facility for testing.
H. Unlawful On-the-Job Manufacturing, Distributing, Dispensing or Possessing,
Controlled Substances; Criminal Drug Statute Convictions, Indictments and
Complaints
Employees who unlawfully manufacture, distribute, dispense or possess a controlled
substance or illegal drug while on the job are in violation of the drug free workplace
policy and subject to appropriate disciplinary action including termination, shall be
reported to the Police Department. Any criminal indictment or conviction involving a
felony, class A or B misdemeanor covered under this policy shall be handled under the
provisions of Local Government Code 143.056.
Reasonable Suspicion of On-the-Job Use of Illegal Drugs, and/or Intoxication
on the Job by Reason of the Introduction of a Controlled Substance, a Drug, or a
Combination Thereof
Upon reasonable suspicion by an employee's supervisor that an employee is
intoxicated on the job by introduction of a controlled substance, a drug or a combination
thereof, or is using an illegal drug on the job, the supervisor shall, in the presence of the
employee and any representative requested by the employee (the employee will be
responsible for contacting the representative and the proceedings will commence within
30 minutes regardless of whether or not the representative has arrived), present the
facts upon which the reasonable suspicion is based to the next higher level of
supervision up to the Fire Chief who shall evaluate the situation and determine whether
the employee shall be directed to the chosen hospital for a drug analysis. Refusal of
the employee to submit to a drug analysis ordered upon reasonable suspicion, or
refusal to sign consent form (copy attached as Exhibit A), shall subject the employee to
possible termination.
The Employee may also, at his/her own expense, utilize a federally certified SAHMSHA
laboratory for obtaining an independent analysis. That additional sample must be taken
within one (1) hour of the time that the test is conducted at the City's chosen hospital
and both the City's and employee's laboratories and its testing procedures must meet
guidelines for a federally certified SAMSHA laboratory set forth by the Department of
Health and Human Services for substance abuse testing. If the employee chooses to
use such results on an appeal, the test results must be accompanied by the chain of
custody form and a sworn affidavit from the individual securing the sample from the
local facility stating that the results were derived from urine obtained from the employee
with the date and time of urine collection specified. The Fire Chief may, if he deems it
necessary, suspend an employee with pay during the pendency of the City's drug
analysis.
The Fire Chief, or his designee, shall immediately point out and give notice to the
employee that the consent form (a copy of which is attached hereto) states that if a
refusing employee does not file a written grievance within three (3) working days after
57
said consent form is given to the employee, the employee shall be terminated. Said
grievance shall be pursuant to and in accordance with the grievance procedure in the
Articles of Agreement except that it must be filed within said three (3) day period and
shall be filed directly with the City Manager. A refusing employee shall keep one copy
of the consent form and date, sign the receipt on the other copy, and immediately return
it to the issuing supervisor.
After giving said notice and during the pendency of this grievance, the Fire Chief may, if
he deems it necessary, suspend said employee with or without pay. If the employee is
exonerated, the employee shall be reinstated and all lost pay and benefits shall be
restored. However, if a refusal is found unjustified by the City Manager, then the Fire
Chief shall be authorized to impose appropriate disciplinary action he deems warranted
by the facts and circumstances, up to and including termination.
Employees refusing to undergo testing shall be offered transportation home. If the
employee insists on driving, the Police Department shall be immediately notified.
Employees undergoing the test shall also be offered transportation home following the
test. If the employee insists on driving, the Police Department shall be notified of the
employee's suspected condition.
Within three (3) hours following the instructions to submit to an analysis, the Fire Chief
or his designee shall make available written reasons to the employee for ordering the
analysis.
Within three (3) business days following the instructions to submit to analysis, the Fire
Chief, or his designee, shall provide a written report to the Personnel Department of the
facts constituting reasonable suspicion that the employee was intoxicated on the job or
was using or possessing illegal drugs or controlled substances on the job. The
employee shall also, within the said time be provided with a copy of the written
documentation.
If the results of the initial drug screen are positive, the employee shall be instructed to
provide bona fide verification of a valid current prescription, or the name of the over-the-
counter medication, containing the drug identified in the drug screen. If the employee
does not provide said verification within the next business day of the request, the
sample shall be submitted for a confirmatory test utilizing the GC/MS method. If the
confirmatory test results are positive, there will be a medical interview with the
employee to ascertain whether the identified drug was legally obtained or other
reasonable explanation of the substance found.
If the medical interview does not clear the employee, the employee shall be subject to
disciplinary action as follows:
1) If the employee has at least two (2) years of service with the Fire Department,
has not had a previous positive test and has had no previous disciplinary action
against him or has had no disciplinary action in the past three (3) years:
a) The employee shall receive a fifteen (15) day suspension and at the Fire
58
Chief's discretion, be subject to rehab treatment at the employee's own
expense.
b) A second positive test shall result in termination.
No provisions of this policy prevents the Fire Chief from imposing other disciplinary
action up to and including termination (indefinite suspension) on an initial or first
positive test if the Fire Chief feels such action is warranted.
If the results of either the initial drug screen or the confirmatory drug tests are negative,
the employee shall be placed immediately back at work, without loss in pay or benefits,
and all records pertaining to the incident shall be destroyed.
J. Reasonable Suspicion of On-the-Job Intoxication, Use, or
Possession of Alcohol
Upon reasonable suspicion by an employee's supervisor that an employee is
intoxicated on the job by reason of the introduction of alcohol, or has consumed alcohol
or possesses alcohol on the job, the supervisor shall, in the presence of the employee
and any representative requested by the employee (provided the representative arrives
within thirty (30) minutes), present the facts upon which the reasonable suspicion is
based to the next higher level of supervision up to the Fire Chief who shall evaluate the
situation and determine whether the employee shall be subject to disciplinary action.
Disciplinary action for on the job use of, possession of, or intoxication b2r, alcohol shall
be based on clear and convincing evidence and shall be as follows:
Confirmation of Alcohol Level above .04 but less than .08
1. Employees who test at the 0.04 level but less than 0.08 (EBT) or who refuse a
required test the first time shall be subject to a fifteen (15) day suspension.
2. Employees who test at the 0.04 level but less than 0.08 (EBT) or who refuse a
required test a second time shall be subject to a thirty (30) day suspension.
3. Employees who test at the 0.04 level but less than 0.08 (EBT) or who refuse a
required third test shall be subject to termination.
4. Employees who at any time test at a level of 0.08 or greater shall be subject to
termination.
5. No provision of this policy shall prevent the Fire Chief from imposing other
disciplinary action up to and including termination (indefinite suspension) for
violations of this policy on the initial or first test, if the Fire Chief feels such action
is warranted.
Confirmation of Alcohol Level between 0.02 and 0.04
1. Less than 0.02 alcohol concentration. Any confirmation test result less than 0.02
alcohol concentration is considered a negative test, and will be discontinued. No
disciplinary action will be taken.
2. Greater than 0.02 but less than 0.04 alcohol concentration. Any confirmation test
result greater than 0.02 but less than 0.04 alcohol concentration will call for a
59
return to duty test. The employee will be sent home until his next assigned work
shift. A return to duty test result of less than 0.02 alcohol concentration is
required in order for the employee to be reinstated to regular duty. No
disciplinary action will be taken for such instance on the first occasion. Second
violation will subject the employee to discipline up to a three (3) day suspension
However, future instances will subject the employee to further disciplinary action.
Any employee suspended or terminated for on-the-job intoxication, use or possession
of alcohol shall be provided with written notice prior to the suspension or termination.
The employee shall have the right to appeal any such suspension or termination
through the appeal procedure in the Articles of Agreement.
Any employee charged with alcohol intoxication may request a blood alcohol test to
determine the level of alcohol in his/her system. The request must be made at the time
that the employee is notified of the suspicion of intoxication. The blood alcohol test
shall be administered by the City's chosen hospital within a one (1) hour period of time
and the employee must sign the consent form attached as Exhibit B. The employee
may also at his/her own expense utilize an independent laboratory. The additional test
must be conducted within one (1) hour of the time that the test is conducted at the
City's chosen hospital. If the employee chooses to use the results from the
independent lab in an appeal, the results must be accompanied by a sworn affidavit
from the individual securing the sample at the local facility that the results were derived
from blood drawn from the employee with the date and time of collection specified. If
the blood test can demonstrate that he/she was not intoxicated as defined in Sec. E.
#7, the suspension or termination shall be revoked and the employee shall be reinstat-
ed without loss of pay or benefits.
K. Employee's Right to Grievance and Appeals Procedure
The grievance procedure in the Articles of Agreement shall be available to employees
who desire to grieve a requirement to submit to a drug analysis. The legal validity of
the chemical substance testing program shall not be subject to the grievance
procedure, but only its application in the case of an individual employee shall be subject
to the grievance procedure.
Employees may utilize the appeal procedure in the Articles of Agreement to appeal any
suspension or termination under this policy; however, an employee who refuses to
submit to a drug analysis must file his/her appeal directly with the City Manager within
three (3) working days. As with all other appeals, if the Manager refuses to overturn the
suspension or termination, the employee may elect arbitration.
For the purpose of this policy, a suspension for 30 days or less shall not constitute an
indefinite suspension.
L. Consequences of Confirmed On-the-Job Use of Controlled
Substance or an Illegal Drug and/or Being Intoxicated On
the Job by Reason of the Introduction of a Controlled
60
Substance, a Drug, or Any Combination Thereof
Employees testing positive on confirmatory analysis for illegal and/or intoxicating drugs
(whose legitimate use cannot be verified by a bona fide prescription or legitimate use of
an over-the-counter medication) may be required to complete a drug treatment program
of their choice and at their expense and shall be subject to disciplinary action and up to
and including termination.
If hospitalization is medically necessary and the treatment program extends beyond the
length of a disciplinary suspension, the employee may utilize accumulated sick leave,
accumulated vacation, compensatory time and/or personal business to complete the
program. Upon the employee's return to work after the disciplinary suspension (and
any additional authorized leave days approved for treatment-related absences), the
employee shall be tested again for drugs. The employee will also be tested
approximately every thirty days (the employee may be tested more frequently upon
reasonable suspicion) for a probationary period of two months. If a confirmatory test
presents a positive result, the employee shall be immediately terminated.
A second violation of this policy at any time, regardless of the time span separating the
violations, shall subject the employee to immediate termination. Refusal to participate
in a drug treatment program when required by the Fire Chief or his designee, including
failure to successfully complete the selected program without proper and sufficient
justification, shall subject the employee to immediate termination.
M. Voluntary Referral for Rehabilitation
At any time prior to an order of substance testing or an incident of on-the-job
intoxication, use, or possession of alcohol, employees will be allowed to voluntarily
submit to a program of drug or alcohol rehabilitation. Said employees shall suffer no
penalty for said disclosure; however, the employee shall not be permitted to remain in a
position requiring the operation of City vehicles or supervisory responsibilities until
successful rehabilitation has occurred. Where hospitalization is medically necessary,
the employee shall be allowed to utilize accumulated sick leave. The employee shall be
allowed to utilize accumulated vacation, compensatory time and/or personal business to
seek professional treatment for alcoholism and/or drug addiction. An employee shall be
allowed to volunteer for rehabilitation only one time per employment period with the
City.
To assist the employee in locating an appropriate drug or alcohol treatment program,
the Fire chief or his designee shall refer the employee to a drug abuse counselor in the
Port Arthur Health Department Drug Abuse Clinic for referral to an appropriate
treatment program. The employee shall bear all costs associated with the treatment
program.
61
N. Drug-free Awareness and Education
Employees shall be provided with written materials advising of the dangers and
negative effects of drugs and alcohol in the workplace. Such materials shall also
include information regarding possible sources for obtaining drug or alcohol counseling
and/or locating any available rehabilitation pjograms.
Supervisory personnel shall be trained in the detection of drug and alcohol use among
employees and shall be advised of available rehabilitation programs in order to assist
his/her subordinates in seeking treatment where such assistance has been requested
by the employee.
0. Drug Analysis of Applicants for Positions in the
Fire Service of the City of Port Arthur
Prior to employment with the City of Port Arthur, individuals applying for the position of
Firefighter shall be subject to a drug screen during the pre-employment physical
examination (see consent form Exhibit E). Positive results shall be followed up with a
confirmatory test for all drugs not eliminated with bona fide verification of a valid current
prescription. Positive results from the confirmatory test shall disqualify the individual
from employment and from further consideration for employment with the City for a
period of at least three (3) months. To be considered for a subsequent position,
individuals so disqualified must gain status on a subsequent eligibility list for Rookie
Firefighter.
P. Confidentiality
All correspondence regarding the suspected violation of this policy shall be handled on
a strictly confidential and "need to know" basis and such information shall be kept apart
from the employee's official personnel file. Verbal and/or written instruction to an
employee requested to submit to testing shall likewise be made in confidentiality with
the highest regard for the employee's privacy and dignity. It is not the intention of this
policy to embarrass or label any employee with drug and/or alcohol use, but rather to
eliminate the use and influence of said substances in the workplace. Employees who
are found to intentionally breach confidentiality shall be subject to appropriate
disciplinary action.
Actual medical results of the drug analysis shall be maintained in confidence by the
Health Department as would any other medical report or information. Said results shall
be maintained for a period of five (5) years.
External disclosure of said medical results shall be made only with the written consent
of the employee; however, disclosures may be made without the employee's consent
when the information is: (1) required through appropriate subpoena and court order, or
(2) needed by medical personnel for the diagnosis or treatment of an employee unable
to authorize disclosure.
62
EXHIBIT "A"
CITY OF PORT ARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a urine sample for the purpose of determining the
presence of illegal or intoxicating drugs in my system. I understand that employment
with the City of Port Arthur is contingent upon collection of this sample and that a
confirmed detection of said drugs could result in appropriate disciplinary action up to
and including termination if legitimate use cannot be verified with a bona fide current
prescription and/or the verification of legitimate use of an over the counter medication
containing the substance identified in the screen. I hereby give my consent for the
release of these test results and other relevant medical information to authorized City
management for appropriate review.
I further understand that my refusal to submit to drug analysis will result in the
termination of my employment unless I file a written grievance in accordance with
section "H" of the City's Drug and Alcohol policy, a copy of which has been furnished to
me, within three (3) working days after a copy of this consent form has been given to
me.
Authorization Agreed:
Signature Date
Witness Date
Receipt Acknowledged and Authorization Denied:
I have received, read and kept a copy of this consent form and understand the possible
consequences of not agreeing to the authorization. However, I refuse to submit to said
drug analysis.
Signature Date
Witness Date
Reason(s) for denial:
63
EXHIBIT "B"
CITY OF PORT ARTHUR
CONSENT FOR ALCOHOL ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a blood sample for the purpose of determining the
presence of alcohol in my system. I hereby give my consent for the release of these
tests results and other relevant medical information to authorized City management for
appropriate review.
Authorization Agreed:
Signature Date
Witness Date
64
EXHIBIT "C"
CITY OF PORT ARTHUR
REPORT OF REASONABLE SUSPICION OF DRUG
USE/INFLUENCE ON THE JOB
Employee Name: Date: Department:
Time: Job Title: Location:
Check the factor(s) below which have resulted in reasonable suspicion of the above
employee's on-the-job use and/or being intoxicated while on the job:
Glassy or blood shot eyes (1) Direct observation of
_ Slurred speech (1) illegal drug use
Unusual on-the-job accident Unprovoked physical or
or injury verbal altercation
_ Poor coordination or _ Written signed information
reflexes (1) obtained from
_ Possession illegal drugs reliable person with
_ Erratic or bizarre behavior personal knowledge
_ Self-admission of intoxication
_ Other, Explain
Explain in detail the behavior that was observed (use attachment if necessary)
Identify any witnesses of the above behavior:
Identify any physical evidence obtained and the present location of the evidence:
Was the employee referred for drug screen?
Date: Time: Results:
Received By:
Employee signature (if available) Date
Supervisor Initiating Action Date Asst. City Manager Date
Division Head Date Director of Personnel Date
Department Head Date City Manager Date
(1) This factor shall only be used as reasonable suspicion when combined with one
or more listed factors.
•
65
The information contained in this report is confidential and disclosure of such
information to parties without a legitimate need to know is not authorized. Distribution
of copies should be accomplished in person.
Routing: Original: Personnel Note: Provide triplicate
Duplicate: Department File copy to employee
Triplicate: Employee within three (3)
Quadruplicate: Supervisor days of drug test
• Effective Date: October 1, 2010
Reference: Federal Register, November 25, 2008 (73 FR 71858), Section 3.4
Initial test Initial test cutoff Confirmatory test Confirmatory test
analyte concentration analyte cutoff concentration
Marijuana metabolites 50 ng/mL THCA1 15 ng/mL
Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL
Opiate metabolites
Codeine/Morphine2 2000 ng/mL 'Codeine 2000 ng/mL
Morphine 2000 ng/mL
6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL
Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL
Amphetamines3 Amphetamine 250 ng/mL
AMP/MAMP4 500 ng/mL Methamphetamine5 250 ng/mL
MDMA6 500 ng/mL - MDMA 250 ng/mL
MDA7 • 250 ng/mL
MDA8 250 ng/mL
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA).
2Morphine is the target analyte for codeine/morphine testing.
3Either a single initial test kit or multiple initial test kits may be used provided the single test kit
detects each target analyte independently at the specified cutoff.
4Methamphetamine is the target analyte for amphetamine/methamphetamine testing.
5To be reported as positive for methamphetamine, a specimen must also contain amphetamine
at a concentration equal to or greater than 100 ng/mL.
6Methylenedioxymethamphetamine (MDMA).
7Methylenedioxyamphetamine (MDA).
6Methylenedioxyethylamphetamine (MDEA).
67
ARTICLE 42
COMPLETE AGREEMENT CLAUSE
SECTION I
The Employer and the Union agree that the terms and provisions herein
contained constitute the entire agreement between the parties and supersede all
previous communications, representation, or agreements, either verbal or written,
between the parties hereto with respect to the subject matter herein.
SECTION II
The parties hereto acknowledge that during negotiations which resulted in this
agreement, each had unlimited right and opportunity to make proposals with respect to
all proper subjects of collective bargaining, and that all such subjects have been
discussed and negotiated upon, and the agreements herein contained were arrived at
after free exercise of such rights and opportunities; therefore, the Employer and the
Union, for the term of this agreement, each voluntarily and unqualifiedly, waives the
right and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter nor specifically referred to or covered in this
agreement, even though such subject or matter may not have been within the
knowledge or contemplation of either or both of the parties at the time they negotiated
or signed this agreement.
It is specifically provided, except by mutual agreement, that there shall be no
further negotiations of any subjects above mentioned.
66
PRE-EMPLOYMENT
EXHIBIT "E"
CITY OF PORT ARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDICAL RECORDS
I hereby authorize the collection of a urine sample for the purpose of determining the
presence of illegal or controlled substances in my system. I understand that
consideration for employment with the City of Port Arthur is contingent upon collection
of this sample and that a confirmed detection of said drugs will result in my
disqualification for employment with the City of Port Arthur for a period of three months
from the test results if legitimate use cannot be verified with a bona fide current
prescription and/or the verification of legitimate use of an over the counter medication
containing the substance identified in the screen. I hereby give my consent for the
release of these test results and other relevant medical information to authorized City
management for appropriate review.
I further understand that my refusal to submit to drug analysis will result in
disqualification for employment with the City of Port Arthur.
Authorization Agreed:
Signature Date
Witness Date
Receipt Acknowledged and Authorization Denied:
Signature Date
Witness Date
Reason(s) for denial:
68
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: