HomeMy WebLinkAboutPR 11762: FIREFIGHTER AGREEMENT 'FO:
~ROM:
City of Port Arthur
Mayor and City Council, City Manager
Harvey L. Robinson, Director of Human Resources
Chief Negotiator
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· ~
Significant Articles in the Proposed Fire Fighter Collective Bargaining
Agreement (10/01/01 - 09/30/05)
A proposed agreement with the International Association of Fire Fighters
Local 397 has been reached. The proposed agreement substantially re-
instates a number of provisions lost by the fire fighters in the last arbitration.
The Association is currently in the process of submitting the proposed
agreement to their membership for vote and ratification.
The following are significant provisions contained in the proposed
agreement: -
The contract has a three (3) year duration - October 1, 2002 to
September 30, 2005.
Sick time will not be considered as time worked for the
purposes of qualifying for overtime at the rate of frme and
one-half·
All members of the bargaining unit, with the exception of the
Deputy Fire Chief, will be eligible for overtime at the rate of
time and one-half.
The formula for computing overtime was changed from old
contract language of dividing the annual salary by 2,418 hours
to dividing the annual salary by 2,756 hours. Fire personnel
work 2,756 hours annually. The revised formula will reduce
the overtime rate.
Re-instated terminal sick leave provisions for employees hired
on, or before, March 7, 1990 which provides payment for up
to 140 day~ of earned sick leave upon separation instead of the
statutory 90 days.
Certification Pays for Intermediate, Advanced, and Master
certification pays were kept the same; however, certification
pays were added for Emergency Care Attendant ($ 25/mo.)
and Hazardous Material Certification ($ 25/mo.). This will
provide incentive for employees to continually improve their
training and knowledge.
The proposed wages are 2%+2% each fiscal year of the
contract implemented on Octo~ber 1 '~ and April 1 '~ of each year.
A revised Hiring article authorizing the City to "recruit and
hire" up to two (2) fire fighters per fiscal year. This should
assist the City in bringing more local residents, minorities, and
females into the Fire Dept.
A new artide authorizing the Fire Chief to appoint at his
discretion the individual to £RI the rank of Deputy Fire Chief.
The contract's Drug and Alcohol Policy was modified to
include random drug testing.
The contract includes neither a Maintenance of Standards
article, nor a Rights of Management article. However,
everyone is well aware that the absence of a Management
Rights provision will in no way restrict, or impair, the City's
right to manage the department.
P.R. NO. 11762
4/25/02 - HRES(mm)
RESOLUTION NO.
A RESOLUTION 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
WItEREAS, 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
City in
execute said Collective Bargaining Agreement on behalf of the
substantially the same form as attached hereto as Exhibit "A".
Section 3. That the effective date of the contract shall be October 1, 2002
through September 30, 2005.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
Resolution. FireCBAgreement
READ, ADOPTED AND APPROVED on this day of
., A.D., 2002, at a Regular Meeting of the City Council of the City of
Port Arihur, Texas, by the following vote:
AYES:
NOES:
ATTEST:
MAYOR
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
DIRECTOR OF HUMAN RESOURCES
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF FINANCE
Resolution. FireCBAgreement
ARTICLES OF AGREEMENT
BETWEEN
CITY OF PORT ARTHUR, TEXAS
LOCAl, 397
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
Duration of ~lgreement: October 1, 2002-September 30, 2005
TABLE OF CONTENTS
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~RTICLE pAGE
DEFINITIONS ......................................................................................... 4
PURPOSE OF AGREEMENT ............................................................... 5
DURATION OF AGREEMENT .............................................................. 6
RECOGNITION ............ ~ ......................................................................... 6
NON-DISCRIMINATION ........................................................................ 7
PAYROLL DEDUCTION OF DUES ...................................................... 7
JURY DUTY ........................................................................................... 8
SICK AND INJURY LEAVE ................................................................... 9
DEATH IN THE FAMILY ...................................................................... 10
HOLIDAYS ...................................................... ~;'. .................................. 11
VACATIONS ......................................................................................... 12
OVERTIME PAY .................................................................................. 13
SENIORITY AND PERSONNEL REDUCTION .................................. 15
LONGEVITY ......................................................................................... 16
INSURANCE ........................................................................................ 16
UNION ACTIVITIES ............................................................................. 17
APPEALS & GRIEVANCE PROCEDURE .......................................... 19
SHIFT EXCHANGES ........................................................................... 24
SAFETY & HEALTH PROGRAM ......... ' ...................................... 25
STRIKES AND LOCKOUTS ................................................................ 28
EDUCATIONAL ASSlS~-ANCE ........................................................... 28
SPECIAL PAY PROVISIONS .............................................................. 29
CERTIFICATION PAY ......................................................................... 30
TEMPORARY DUTIES IN HIGHER CLASSIFICATION .................... 31
CLOTHING ........................................................................................... 32
EMERGENCY MEALS ......................................................................... 32
COMPENSATORY TIME ..................................................................... 32
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PENSION .............................................................................................
NUMBER ARTICLE PAGE
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30
.31
32
33
34
35
36
37
38
39
40
41
42
PERSONNEL FILES ............................................................................ 34
WAGES ................................................................................................ 35
HOURS OF WORK .............................................................................. 36
AFFIRMATIVE ACTION..... .................................................................. 36
CONFLICT WITH CIVIL SERVICE LAWS ......................................... 36
MISCELLANEOUS PROVISIONS ....................................................... 37
SAVINGS CLAUSE .............................................................................. 38
IMPASSE .............................................................................................. 38
SUCCESSORS AND ASSIGNS .......................................................... 39
HIRING ................................................................................................. 39
APPOINTMENT OF DEPUTY FIRE CHIEF".'~ ..................................... 40
FAMILY MEDICAL LEAVE ACT .......................................................... 41
DRUG AND ALCOHOL POLICY ......................................................... 45
COMPLETE AGREEMENT CLAUSE ................................................. 62
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ARTICLE 1
DEFINITIONS
.'.'Employer" means the City of Port Arthur.
"City" means the City of Port Arthur.
"Union" means the International Association of Fire Fighters, Local Union 397.
"Employee" means a permanent, paid employee of the fire department of a political subdivision.
The term does not include: (A) the Chief of the department, or (B)a volunteer fire fighter. An
individual becomes an employee and bargaining unit member under this 'contract immediately
upon successful completion of the fire academy, and passes the state certification examination.
"Civil Service Commission" means the Civil Service Commission of the City of Port Arthur.
"Chiet,' means the Fire Chief of the City of Port Arthur, Texas.
"City Manager" means the City Manager of the City of Port Arthur, Texas.
"Agreement" means the Collective Bargaining agreement negotiated by and between the
Employer and the Union.
"Base Pay" means the salary of an employee exclusive of longevity pay and other benefits.
"Department" means the Port Arthur Fire Department.
"Grievance" is defined as a dispute or disagreement involving the interpretation, application or
alleged violations of any provision of this agreement, or disciplinary action involving indefinite
suspension, suspension, recommended demotion or promotional passover of an employee
represented by the Union.
"Probationary Period" means the twelve-(12) month period immediately following the date of
employment as a Fire Fighter.
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13. "Promotion" means advancement from a lower rank to higher rank
within the department.
14. .:'Disciplinary Action" means written reprimand, discharge, suspension, indefinite suspension, and
demo~on in rank or pay.
15. "Layoff" means a termination of employment resulting from a reduction in force.
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, 2002, through September 30, 2005. In the event a successor agreement does
not take effect on October 1, 2005, 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.
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
pdor to September 30, 2005.
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.
ARTICLE 4
RECOGNITION
SECTION I
The employer recognizes the Union as the sole and exclusive bargaining agent for all employees
(as defined in this contract) of the Port Arthur Fire Department.
SECTION II
The Union recognizes that persons duly appointed by the City Council have been authorized as
the so!e and exclusive negotiators of a contract subject to the approval of the City Council.
ARTICLE $
NON -DISCRIMINATION
SECTION I
The Employer and the Union agree that the provisions of this agreement shall be applied to ail
employees within the bargaining unit without regard to affiliation, 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 I
The Employer agrees to deduct, once each month, dues in an amount authorized by the
employee, from the pay of those employees who individually request, in writing, that such deduction be
made. This authorization shall provide that it shall remain in full force and effect until terminated by the
employee; if the authorization authorizes a deduction for Union dues, it shall also authorize the City,
without further authorization from the employee, to change the deduction for Union dues to the amount
specified in a written notice of Union dues change provided to ~ City by the Union. The amount of this
deduction shall not be changed n'~re 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 DepaJ;,i-,ent 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 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 pedod 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
ju~y d u~',.y.
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 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. Employees hired on or after March 8, 1990
shall be paid a lump sum payment for accrued unused sick leave up to a maximum of 90 days upon
separation of employment.
SECTION III
Employees in the bargaining unit shall be entitled to two (2) separation periods of absence due to
illness or injury without a doctor's release in a calendar year provided the duration of each absence is
three (3) working shifts or less. In all other instances, the employee must provide a doctor's release to the
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 eve[y reasonable attempt to schedule routine doctor visits and preventative care
doctor visits during their off duty hours.
Exception may be mede by the Battalion Chief for employees returning to work on a holiday,
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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 fumished to the Employer no later than three (3) days after the
employee's retum 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 exception to the daily reporting requirement
after he has determined that the illness or injury is prolonged and propedy documented by a physician.
SECTION V
The purpose of sick leave is to avert loss of wages in the event of bona fide illness. While sick
leave is an eamed 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...
ARTICLE t 0
HOLIDAYS
SECTION I
Employees shall be entitled to and granted the following ten (10) paid holidays, or days in lieu
thereof.
1. NewYeaCs Day
2. Martin Luther King, Jr. Day
3. Good Friday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Thanksgiving Day
8. Day After Thanksgiving
9. Christmas 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 thirty (30) calendar days in advance
of the requested time off, if the Battalion Chief determines that the requested holidays are available.
..If such requested holidays are not available, shift exchange may be arranged by the employee.
SECTION III
Upon separation from the Fire Department, employees shall be compensated for all unused
holidays, to a maximum of twenty (20) at their regular rate of pay, except in those cases where
accumulated holidays have exceeded twenty (20) holidays, as specified under Section II-A of this article.
ARTICLE '11
VACATIONS "
SECTION I
Vacation allowances shall be based upon the following schedule: fifteen (15) working days
vacation for employees with one year of service but less than ten years service credit; twenty-one (21)
working days vacation for employees with ten but less than twenty years of service credit; twenty-seven
(27) working days vacation for employees with twenty but less than twenty-five yearn 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 with ten (10) or more years of service shall be allowed to split their
vacations into no more than two segments.
SECTION III
Employees shall be given preference in scheduling vacations based upon seniority in rank on their
assigned shift. Employees may take all vacation days in one segment. 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 f~om most to least
senior.
No segment shall be less than six (6) days.
Choice of second vacation segment shall only occur after all employees in that rank have
had their first choice.
SECTION IV
Battalion Chiefs will be responsible for scheduling vacations using uniform criteda throughout the
department.
SECTION V "
Vacations shall be scheduled to fall dudng 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
SECTION I
All assigned hours worked outside an employee's regular schedule, except for the special pay
provisions applicable to divem, shall be paid at the rate of time and one-half. Partial hours shall be paid
to the nearest 15-minute increment. Vacation, holiday, compensatory time, or death in the family leave
shall be deemed as hours worked for purposes of qualifying for overtime at the rate of time and one-half.
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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.
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 ~ach station. "Hours of Overtime" shall
include both overtime hours worked and compensatory time eamed.
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 or other authorized leave.
SECTION VII
An employee shall not be required to accept scheduled overtime that would require him to work
mere than 48 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
dght 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 o.r.injury leave.
SECTION X
Employees shall have their overtime accumulation balance set equal to the average overtime
accumulation balance held by employees in the rank they enter, plus one hour, on the date they
enter that rank.
SECTION Xl
Those employees assigned, temporarily or permanently, to a 40-hour workweek shall not be
eligible to receive scheduled overtime in suppression.
SECTION Xll
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 !
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 offfirst. Employees shall be recalled in the order of their seniority.
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
IN~;URANCE
SECTION I
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 carder and
the de~rmination 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 in.to effect during the time of this contract.
SECTION II
The Employer shall provide, at no cost to the permanent employee, $6,000 natural death coverage plus
$5,000 accidental death and dismemberment coverage. Also, the Employer shall allow the Fire Fighters
to participate in the City's Voluntary AD&D programs through payroll deduction.
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SECTION III
The Employer shall allow all Fire Fighters to participate in the cafeteria plan as outlined under
Section 125 of the IRS Cede.
ARTICLE 16
SECTION I
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
dudng working hours without loss of pay to investigate and settle grievances.
SECTION III
The intemal business of the Union shall be conducted dudng non-duty hours of the emptoyee..s
involved.
SECTION IV
Any of the principal officers of the U~ion (President, Vice President, Secretary, Treasurer) shall be
allowed to take their own accumulated holidays upon approval of 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,
Treasurer) are on duty at the time of a Union meeting, one of these officers shall be temporarily
transferred to duty at Fire Station #1 for the duration of the meeting. This principal Union officer shall
respond in the event of any emergency call.
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, Fire Station #1 will be the only
designated station utilized for Union meetings and/or business held on Fire Department properly.
SECTION IX
The Association shall be granted a maximum of one hundred sixty eight (168) 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 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.
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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
All appeals of employees' disciplinary matters, including reprimands, suspensions, demotions,
promotions and/or indefinite suspensions, and appeals of all o'ther types heretofore heard by the Civil
Service Commission except as specified below, shall continue to be heard by the Civil Service
Commission and with all rights of appeals as provided in Chapter 143 of the Texas Local Government
Code (Firemen's and Policemen's Civil Service Act).
In disciplinary action involving indefinite suspension, suspension, recommended demotion or
promotional passover, the affected employee may choose instead to process the appeal of such action
through the contract grievance procedure.
in doing so, said employee has selected arbitration as a final and binding resolve of his appeal
and has no further dghts of appeal as provided under Chapter 143 of the Texas Local Government Code
(Firemen's and Policemen's Civil Service ACt).
SECTION II - DEFINITION OF GRIEVANCES
Either party may utilize this grievance procedure for the 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 agreement, or disciplinary action involving
2O
indefinite suspension, suspension, recommended demotion or promotional passover of an employee
represented by the Union.
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:
A statement of the grievance and the acts upon which it is based;
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 rel:~resentative, may report an anticipated grievance to the Union
in an effort to avert the grievance.
SECTION V - ADJUSTMENTS OF UNION GRIEVANCES
The Union or any employee who is aggrieved shall file a written grievance giving the nature and
details of the incident which led to his/her grievance with the Union's grievance committee. The
report must be submitted to the committee within ten (10) calendar days of the date upon which
the employee or the Union, as applicable, knew of or should have known of the occurrence, or
occurrences, giving rise to the grievance.
Within ten (10) calendar days of receipt of the grievance, the committee shall determine if a valid
grievance exists. If in the opinion of the committee, no 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) calendar days after receipt of the written
grievance to any Union principal officer (i.e. President, Vice-President, Treasurer, Secretary) or
any member of the Union grievance committee.
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) calendar
days.
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) calendar days thereafter.
If the grievance is not settled under Section V-4, the Union must notify the City in writing within ten
(10) calendar days after the date of the decision by the City Manager of its election to invoke
arbitration.
SECTION VI - ADJUSTMENTS OF MANAGEMENT GRIEVANCES
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 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.
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.
If the grievance is not settled under Section VI-2, the Chief, or his authorized representative, must
noti~ the Union in writing within ten (10) calendar days in the event of a decision to invoke
arbitration.
SECTION VII - ARBITRATION
The parties shall jointly request a panel of seven (7) arb~ators from the Amedcan Arbitration
Association or the Federal Mediation and Conciliation Service.
Except upon agreement of both parties, two or more grievances may not be consolidated for
headng by the selected arbitrator.
Within ten (10) calendar days from the receipt of such panel, a representative of the Union and the
City shall meet and altemately strik~ names until one (1) arbitrator remains who shall be selected
as the impartial arbitrator. The Union shall make the first stdke.
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.
Upon request of either party, the parties shall exchange the names of witnesses expected to be
called at the headng. 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 headngs 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 headngs shall be public, unless the headng 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 re'rfledy 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 agree
ment or to matters faidy inferable tfierefrom, 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.
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 representatives 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 nQ 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.
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.
25
SECTION III
On-duty Captains shall be allowed to grant emergency standbys of up to two (2) hours.
Capta. i.n shall notify the Battalion Chief of all such standbys.
shiffexchange.
The
Said standby shall constitute a voluntary
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 two members appointed by the Union and two members appointed by the
Employer. The chairman shall alternate from Union to Employer members quarterly.
SECTION II
The basic functions of the committee are as follows:
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 parties at the subsequent meet-
ing. A copy of these minutes shall be forwarded to the Fire Chief and the City Man-
ager.
C. Make pedodic 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.
Make written recommendations for the correction of any hazardous conditions or
unsafe work methods.
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 investigating supervisors.
Recommend modifications to standard operating procedures for on-site
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.
I. Safety Committee shall jointly recommend a Safety policy for Department use.
J. ^ 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.
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 injudes 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
sedous 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 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
workers, or citizens, the psychologist or psychiatrist shall so advise the City.
Serious injury shall mean the same as sedous bodily injury as defined in the Texas Penal Code*.
Trauma shall mean a sedous 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 Cede 1.07 (a) (34) "Sedous bodily injury" means bodily injury
that creates a substantial dsk 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"~nd 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.
SECTION II
Employees may submit application to the Fire Chief for attendance of job related seminars meeting
the criterion of Section Ill. 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:
Improving skills or knowledge required in his present position.
Preparing the employee for significant technological changes occurring in his career field.
Preparing the employee for assumption of new and different duties.
29
SECTION IV
Upon completion of course work for which the employee has received reimbursement from the
Emplo.yer 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 compehsated at twice their regular hourly rate
from the time they ardve at the diving operation and begin preparing to dive until relieved of such duty by
the Battalion Chief. Ail other fire personnel on regular duty at the scene, including certified divers who
are not actually involved in diving, will be paid at their regular rate of pay. Double-time pay shall exclude
any other regular or overtime pay that might othenNise be applicable.
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 base rate of pay.
3O
SECTION IV
Personnel assigned to airpack repair and certified to perform such airpack repair test shall receive an
additional $20 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
$20.00 per month.
ARTICLE 23
CI~RTIFICATION PAY"
SECTION I
Effective October 1, 2002, City of Port Arthur Fire Fighting pemonnel who provide proof of receipt
of certification at the Intermediate Structural Firefighter level shall receive certification pay in the amount
of $25.00 (twenty-five dollars) per month. Effective October 1, 2002, City of Port Arthur Fire Fighting
personnel who provide proof of receipt of certification at the Advanced Structural Firefighter level shall
receive certification pay in the amount of $50.00 (frfty dollars) per month. Effective October 1, 2002, Ci~
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 $100.00 (one-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 held.
SECTION II
Employees who obtain and maintain an Emergency Care Attendant, or higher, certification shall
receive certification pay in the amount of $25.00 per month.
SECTION III
Employees who complete a hazardous materials emergency response training program, and who
mainta, in the necessary refresher course hours, meeting the requirements of OSHA 1910.120 at the
awareness level, or higher, shall receive additional pay in the amount of $25.00 per month.
ARTICLE 24
TEMPORARY DUTIES IN HIGHER 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. 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 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 cerlJficafion pay during the
time he performs the duties, provided however that when an employee's total accumulated hours
(consecutive and non-consecutive) acting in a higher classification shall exceed 1378 he shall be
compensated at the six 6 month salary step of the position plus his own longevity or seniority pay,
education incentive pay, and certification pay dudng the time he performs the duties.
ARTICLE 25
CLOTHING
SECTION I
The employer shall provide to each new employee the following:
1. Two (2) uniform shirts
2. Six (6) tee shirts
3. Four (4) uniform pants
4. One (1) coat or jacket
5. One (1) black belt
6. One (1) Fire Department cap
7. One (1) badge
8. One (1) nametag
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 MF--.~I~S
SECTION I
All fire fighters engaged in the perfdrmance 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 fumished
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
33
hour voluntarily spent outside regularly scheduled hours to attend or participate in authorized seminars,
training, or special Fire Department activities such as Fire Prevention Week, with pdor 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 overtJma.
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 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.
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.
ARTICLE 28
PENSION
Dudng the term of this agreement, employees shall continue to participate in the Fireman'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.
34
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 I
Any time that material is to be placed in an employee's file concerning performance evaluation,
complaints, reprimands or any other documents pertaining to disciplinary action, it is agreed that a copy
of the document shall be made available to said employee prior to the time that it is made operative and a
part of his/her personnel file.
SECTION Ii
Any member of the bargaining unit may review his/her own personnel 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.
SECTION III
Nothing in this article shall diminish the dghts granted under Section 143.089 of the Local
Government Code (Fire and Police Civil Service Act.)
35
ARTICLE 30
WAGES
SECTION I
The following annual base salaries are as indicated below:
2% Increase 2% Increase 2% Increase 2% Increase 2% Increase 2% Increase
RANK Effective Effective Effective Effective Effective Effective
10/1/2002 4/1/2003 10/1/2003 4/1/2004 10/1/2004 4/1 ~2005
FIREFIGHTER
Entry 33,747.23 34,422.18 35,110.62 35,812.83 36,529.09 37,259.67
6 months 35,117.36 35,819.71 36,536.10 37,266.82 38,012.16 38,772.40
1 year 36,459.27 37,188.46 37,932.23 38,690.87 39,464.69 40,253.98
2 years 37,831.52 38,588.15 39,359.92 40,147.11 40,950.06 41,769.06
5 years 39,170.89 39,954.31 40,753.39 .41,568.46 42,399.83 43,247.83
10 years 39,533.26 40,323.92 41,130.40 41,953.01 42,792.07 43,647.91
FIRE
ENGINEER
Start 41,239.45 42,064.24 42,905.52 43,763.63 44,638.91 45,531.68
6 months 43,235.45 44,100.16 44,982.16 45,881.81 46,799.44 47,735.43
FIRE CAPTAIN
Start 45,183.08 46,086.74 47,008.48 47,948.64 48,907.62 49,885.77
6 months 47,225.12 48,169.62 49,133.01 50,115.67 51,117.99 52,140.35
ASST. FIRE
MARSHAL
Start 45,183.08 46,086.74 47,008.48 47,948.64 48,907.62 49,885.77
6 months 47,225.12 48,169.62 49,133.01 50,115.67 51,117.99 52,140.35
FIRE MARSHAL
Start 49,374.94 50,362.43 51,369.68 52,397.08 53,445.02 54,513.92
6 months 51,682.60 52,716.25 53,770.58 54,645.99 55,942.91 57,061.77
BATTALION
CHIEF
Start 49,374.94 50,362.43 51,369.68 52,397.08 53,445.02 64,513.92
6 months 51,682.60 52,716.25 53,770.58 64,645.99 55,942.91 57,061.77
DEPUTY CHIEF
Start 53,992.81 55,072.67 56,174.12 57,297.60 58,443.55 59,612.43
6 months 56,405.92 57,534.04 58,684.72 59,858.41 61,055.58 62,276.69
SECTION II
The entry level fire fighter salary Shall be effective from the date of completion of the fire
academy and subsequent fire fighter salary steps shall be calculated from the date of completion of
the fire academy.
ARTICLE 3'1
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 confiict therewith, as provided by Section 20(b) of Article 5154 C-1, V.A.T.S., now codified as Chapter
3'7
174 of the Texas Government Code Annotated, the Fire and Police Employee Relations Act.
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
All employees shall be entitled to have a Union representative present at any meeting with the Fire
Chief or other Employer representative pertaining to an oral or written repdrnand, suspension or any other
disciplinary matter. An oral reprimand shall be defined as a verbal reprimand, which is documented in
writing and made a part of the employee's file.
SECTION III
Employees shall be paid by check every two (2) weeks.
SECTION IV
Upon notification to the Captain on duty, employees shall be allowed to standby for an employee
reporting late for his/her shiE; 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 shall be entitled to five (5) personal business days without pay per year. Said personal
days may be granted regardless of whether it creates an overtime situation, with approval of the Battalion
Chief.
ARTICLE 35
SAVINGS CLAUSE
I.~ 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 undei~ Vernon's Annotated Civil Statutes of
Texas, Article 5154c-1, Section 9 now codified as Chapter 174 of the Texas Govemment 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 dudng 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 Vemon'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.
39
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
~UCCI~SSORS 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 placement provisions of the Texas Local Government Code
Chapter 143, Municipal Civil Service for beginning positions in the fire department shall remain in
effect except as modified below. Section 150.021 of the Texas Local Government Code, Residency
Requirements for Municipal Employees shall remain in effect except as modified (to the extent the
4O
Union and City may be legally empowered to agree to do so) below.
SECTION II
..The City is herein authorized to recruit and directly hire up to two (2) certified fire fighters per fiscal
year. Alt other applicants hired dudng that fiscal year shall be from the eligibility list created pursuant to
Texas Local Government Code Chapter 143, Municipal Civil Service. The determination as to which
method by which the vacancy is to be filled shall be based upon the date the vacancy occurs.. Current
hiring eligibility lists shall terminate on the effective date of this contract.
SECTION III
Applicants who are directly hired shall be required to ~stablish residency within 90 days and
shall be required to maintain residency for five (5) years from the date of employment.
SECTION IV
The City of Port Arthur shall indemnify and provide defense of the Union and its Officers in the
event the Union or any Officer of the Union is sued as a result of this article.
ARTICLE 39
APPOINTMENT OF THE DEPUTY FIRE CHIEF
SECTION I
The department head may appo!~t 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 depa~[~ent may refuse appointment to the Deputy Fire Chief position. A person
appointed to the Deputy Fire Chief position shall have the fight 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.
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, Sectisn 260'1, 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 ;2@
USC, Section 260'1, et seq. This policy shall becoma 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.
Eli,qible Employees - All employees who have been employed with the City at least 12 months at
the time the leave begins and who have 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 is limited to 12
weeks dudng 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 sedous 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 pedod.
Eliqible 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 placement 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 sedous health condition as defined by the FMLA is any illness, inju~.v,
impairment, or physical or mental condition that involves:
(i) any pedod 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.
Eligible employees desiring to utilize leave authorized under the Family Medical Leave Act must
do the following:
(i) Notify their supervisor in wdtinq at least 30 days in advance, whenever practicable, of their
desire to take leave pursuant to the Family Medical Leave Act.
.. This written notice shall include written certification from the attending physician when the
reason for the leave request involves a sedous 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 pdor to going on
unpaid FMLA leave. Provided, however, when leave is requested due to a qualifying event
as defined by the statute, eligible employees first exhaust accrued vacation 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.
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" saladed employees 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 restoration 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
deterrpination 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.
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.
VII
Complaints ~-~jarding 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
45
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
FMl_A.have been violated and within the time pedods provided in the Act.
VIII
If any provision of this policy conflicts with any provision of FMLA, then the FMLA provision shall
prevail.
ARTICLE
PORT ARTHUR FIRE DEPARTMENT
DRUG AND ALCOHOL POLICY
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 introduction of alcohol, a controlled substance, a drug, or any combination thereof, into
the body; and prohibits using or possessing alcohol on the job; and hereby establishes a policy with
the intent to eliminate substance abuse and its effects in the workplace of the City of Port Arthur.
As a condition of employment, an employee shall abide by this policy and within five (5) days of
conviction shall notify his/her Battalion Chief of any criminal drug statute conviction for a violation
occurring in the workplace. Said Battalion Chief shall immediately notify the Fire Chief who in turn
shall immediately notify the City Manager.
B. Purpose
It is the purpose of this policy to set forth the guidelines under which the City will actively enforce the
prohibition of unlawful on-the-job manufacturing, distributing, dispensing, using or possessing a
controlled substance or an illegal drug; and prohibition 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.
Further, the policy will set forth the consequences, which will result, when a violation of the policy is
confirmed.
C. Scope of Application
This policy applies to all Firefighters of the City of Port Arthur. This policy covers alcohol, all
controlled substances, and all drugs, legal or illegal, which could impair an employee's ability to
effectively and safely perform the functions of his/her job. Unlawful on-the-job manufacturing,
distributing, dispensing, using or possessing a controlled substance or an illegal drug; and being
intoxicated on the job by reason of the introduction of alcohol, a controlled substance, a dru.q or any
combination thereof, into the body, and using or possessing alcohol on the job, is expressly
prohibited by this policy. Violation of this policy will result in appropriate disciplinary action up to and
including termination of employment.
If there is a reasonable question whether the employee can safely and effectively perform assigned
duties while using any prescribed medication(s), the employee will be required to obtain a written
statement addressing any restriction from the physician prescribing the drug(s). In accordance with
the physician's written statement, the Battalion Chief or Fire Chief shall determine whether or not the
employee will (1) be allowed to continue with normal work duties, (2) be placed in a temporary
restricted job if available, (3) be given altered job responsibilities in accordance with the foregoing, or
(4) be required to utilize sick leave until the effects of the medication subside or the medication is no
longer medically necessary. If a question arises about the Fire Chief's decision, it shall be handled
according to Local Government Code 143.081.
Individuals whose drug or alcohol problem classified them as handicapped under federal and/or
state law shall not be discriminated against due to such handicap status in the application of this
policy. Any individual claiming handicap status must provide medical documentation of such
condition.
When drug screening is required under the provisions of this policy, a urinalysis test will be given to
detect the presence of only the following drug groups:
1. Amphetamines
2. Barbiturates
3. Benzodiazepine (e.g.,valium)
4. Cocaine
5. Marijuana
6. Methaqualone
7. Methadone
8. Opiates
9. Propoxphene (e.g., darvon)
10. PCP
4'7
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
termin.ation 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 Depadment 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
On-the-iob: the employee is considered to be "on-the-job" while on duty or while desig-
nated as being "on-call". Employees who are authorized to operate or ride in City vehi-
cles are considered to be on duty at all times wh!!e operating, driving, or riding in a City
vehicle.
Dru.q: has the meaning assigned by Subdivision (16), Section 481.002, Vernon's Texas
Health & Safety Code and includes the meaning assigned by 21 U.S.C., 802 and
includes any controlled substance analogue as defined by subdivisions (5) and ~ of
Section 481.002 and by U.S.C., 802.
Ille.qal Druqs: any drug which cannot be legally obtained, or which, although 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 Sub-
stances Act, 21 U.S.C., 801 et seq.
Leqal Dru(~s: any drug, which may be legally obtained through prescription or over the
counter.
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.
Alcoholic beveraqe: has the meaning assigned by Section 1.04 (1), Alcoholic
Beverage Code.
Intoxicated: means (A) not having the normal use of mental or physical faculties by
reason of the introduction of a controlled substance, a drug, or a combination of two or
more of those substances into the body; or (B) having a blood alcohol concentration of
100 Mg/dl or more.
Articles of Aqreement: The Collective Bargaining Agreement between the City and the
Firefighters Union.
All references in this policy to alcohol or to possession or use of alcohol shall refer to
an Alcoholic Beverage as defined in E. ~6.
Possessin.q 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 alcohot.
At employee's expense or employee shall bear all expenses: shall mean that the
48
employee shall be responsible for all treatment and/or rehabilitation 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 coordination 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 persbn with personal knowledge.
Self-admission of intoxication or being under the influence of illegal drugs and abused legal
drugs.
Direct observation of alcohol use or possession on the job.
Direct observation or knowledge of unlawful manufacturing, distributing, dispensing,
possessing, or using illegal drugs or controlled substances on the job.
G. Random Druq and Alcohol Testin.q
All fire fighters of the department shall submit to random drug and alcohol testing as selected by
manual random sample.
The City may randomly test up to 50% of all fire fighters during a one-year period. All testing will be
performed at City expense. All testing will be split sample testing. All random testing shall be
conducted at Forward Edge, Inc. In the event Forward Edge, Inc. is unable to perform random
testing to meet the conditions of this agreement, a mutually agreed, alternate drug testing facility will
be utilized.
In the event of a critical incident or reasonable suspicion of drug or alcohol use, the City may use a
licensed medical facility for testing.
Unlawful On-the-Job Manufacturinq, Distributin.q, Dispensin.q or Possessinq, Controlled
Substances; Criminal Druq 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.
49
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 Dru.q, 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 a consent form (copy
attached as Exhibit A), shall subject the employee to possible termination.
The Employee may also, at his/her own expense, utilize a federally certified NIDA laboratory for
obtaining an independent analysis. That additional sample must be taken within one (1) hour of the
time that the test is conducted at the City's chosen hospital and both the City's and employee's
laboratories and its testing procedures must meet guidelines for a federally certified NIDA laboratory
set forth by the Department of Health and Human Services for substance abuse testing. If the
employee chooses to use such results on an appeal, the test results must be 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 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.
50
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 iob 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 will be subject to disciplinary action as described herein. Exhibit D outlines
the specific procedures under which the screen and confirmatory tests shall be conducted and the
cut off levels for each test and substance to be tested for.
If the results of either the initial drug screen or the confirmatory drug tests are negative, the
employee shall be placed immediately back at work, without loss in pay or benefits, and all records
pertaining to the incident shall be destroyed.
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, o~r 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 by, alcohol shall be based on
clear and convincing evidence and shall be as follows:
First Offense
15 day suspension without pay and recommended to participate in
an alcohol rehabilitation program of the employee's choice and at
employee's expense.
51
Second Offense
30 day suspension without pay and requirement to participate in an
alcohol rehabilitation program at employee's expense. The
supervisor shall refer the employee to an alcohol or drug abuse
counselor in the Port Arthur Health Department Drug Abuse Clinic
for referral to an appropriate rehabilitation program.
Third Offense - Termination.
Violations are cumulative throughout the employee's service with the City.
Refusal to participate in an alcohol rehabilitation treatment program when required by the Fire Chief
or his designee, including failure to successfully complete the selected program, without proper and
sufficient justification, shall subject the employee to immediate termination.
Any employee suspended or terminated for on-the-job intoxication, use or possession of alcohol
shall be provided with written notice prior to the suspension or termination. The employee shall have
the right to appeal any such suspension or termination through the appeal procedure in the Articles
of Agreement.
Any employee charged with alcohol intoxication may request a blood alcohol test to determine the
level of alcohol in his/her system. The request must be made at the time that the employee is noti-
fied of the suspension or termination. The blood alcohol test shall be administered by the City's
chosen hospital within a one (1) hour period of time and the employee must sign the consent form
attached as Exhibit B. The employee may also at his/her own expense utilize an independent
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 reinstated without loss of pay or benefits.
K. Employee's Riqht 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.
52
For the purpose of this policy, a suspension for 30 days or less shall not constitute an indefinite
suspension.
Consequences of Confirmed On-the-Job Use of Controlled
Substance or an Illeqal Druq and/or Bein,q Intoxicated On
..the Job by Reason of the Introduction of a Controlled
Substance, a DruR, 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) shall be given a fifteen-day suspension without pay for the first violation and shall be
recommended to enroll in a drug treatment program of their choice and at their expense.
If hospitalization is medically necessary and the treatment program extends beyond the fifteen-day
suspension, the employee may utilize accumulated sick leave, accumulated vacation, compensatory
time and/or personal business to complete the program. Upon the employee's return to work after
the fifteen-day suspension (and any additional authorized leave days approved for treatment-related
absences), the employee shall be tested again for drugs. The employee will also be tested
approximately every thirty days (the employee may be tested more frequently upon reasonable
suspicion) for a probationary period of two months. If a confirmatory test presents a positive result,
the employee shall be suspended for thirty (30) days without pay and shall be required to participate
in a drug treatment program. The supervisor shall refer the employee to a drug abuse counselor in
the Port Arthur Health Department Drug Abuse Clinic for referral to an appropriate treatment
program. The employee shall bear all costs associated with the treatment program.
The employee will be allowed, where hospitalization is medically necessary, and additional time
beyond the thirty-(30) day suspension is necessary, to utilize accumulated sick leave, vacation,
compensatory time, and/or personal business to seek professional treatment for drug addiction. If
the employee's test results are not positive upon the employee's return to work, the employee shsll
be placed back at work and wilt be monitored and retested approximately every thirty days (the
employee may be tested more frequently upon reasonable suspicion) for a probationary period of
two months. If the employee does not again test positive within the probationary period, the
employee will resume normal duty. If the employee tests positive at any time during the two-month
probationary period following the 30-day ~uspension, the employee shall be immediately terminated.
A second violation of this policy at any time, regardless of the time span separating the violations,
shall result in a thirty-day suspension and the requirement to participate in a drug treatment program.
Refusal to partJcipate in a drug treatment program when required by the Fire Chief or his designee,
including failure to successfully complete the selected program without proper and sufficient
justification, shall subject the employee to immediate termination. A third violation of this policy at
any time, regardless of the time span separating the violations, shall subject the employee to
immediate termination.
53
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.
Dru,q-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
programs.
Supervisory personnel shall be trained in the detection of drug and alcohol use among employees
and shall be advised of available rehabilitation programs in order to assist his/her subordinates in
seeking treatment where such assistance has been requested by the employee.
Drua Analysis of Aoplicants 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
54
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.
55
EXHIBIT "A"
CITY OFPORTARTHUR
CONSENT FOR DRUG ANALYSIS
AND RELEASE OF MEDIAL 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 anatv-
sis. -
Signature Date
Witness Date
Reason(s) for denial:
56
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
57
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)
Slurred speech (1)
Unusual on-the-job accident
or injury
Poor coordination or
reflexes (1)
Possession illegal drugs
Erratic or bizarre behavior
Self-admission of intoxication
Other, Explain
Direct observation of
illegal drug use
Unprovoked physical or
verbal altercation
Written ~igned information
obtained from
reliable person with
personal knowledge
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 ava!lable) Date
Supervisor Initiating Action
Division Head
Department Head
Date
Date
Date
Asst. City Manager Date
Director of Personnel Date
City Manager Date
58
(1) This factor shall only be used as reasonable suspicion when combined with one or more listed
factors.
The information contained in this report is confidential and disclosure of such information to parties
without a legitimate need to know is not authorized. Distribution of copies should be accomplished in
person.
Routing:
Original:
Duplicate:
Triplicate:
Quadruplicate:
Personnel Note: Provide triplicate
Department File copy to employee
Employee within three (3)
Supervisor days of drug test
59
EXHIBIT "D"
PROCEDURE SUMMARY
An employee requested to report for testing shall report to the chosen hospital at the
scheduled appointment date and time;'
Upon arrival, the employee will be instructed on urine specimen collection. Urine samples
shall be provided in a private restroom so that employees and applicants will not be viewed
while providing the sample. Bags, briefcases, purses, coats, jackets, etc. may not be carried
into the testing area.
The specimen will then be labeled and sealed by the chosen hospital and witnessed by the
employee. A CHAIN OF CUSTODY FORM (sample copy attached) will accompany the
specimen throughout the entire testing phase.
Specimens will be processed by the Federally Certified N.I.D.A. Laboratory being utilized by
the City of Port Arthur.
Testing will be in two(2) stageS. The first stage will be a SCREENING test. If the screening
test results are positive for the presence of drugs and the employee does not produce bona
fide verification of a current valid prescription or verification of a legitimate use of an over-the-
counter medication containing the drug identified, a second CONFIRMING test will be
performed on the same specimen.
The SCREENING process will be by an enzyme immunoassay procedure. The cut-off levels
for the drugs to be tested for are:
DRUG CUT-OFF LEVEL(nq./mI.)
Marijuana 100
PCP 75
All others tested for 300
The CONFIRMING test, if necessary, will be by Gas Chromatography Mass Spectrometry, and
will follow the SCREENING process. The cut off levels for the drugs to be tested for are
follows:
DRUGS CUT-OFF LEVEL (nq./ml.)
Amphetamines 500
Barbiturates 300
Benzodiazepine (Valium, etc.) 300
Cocaine 150
Marijuana 15
Methaqualone 300
Methadone 300
Opiates 300
Propoxyphene (Darvon, etc.) 300
PCP 25
6O
10.
11.
12.
If the SCREENING results are negative, the Personnel Department representative will be
notified within 72 hours after specimen collection.
If the SCREENING test is positive, and a CONFIRMING test is necessary, the written results
of the CONFIRMING test will be reported directly to the Personnel Department representative.
This will be within 120 hours of the time of collection.
Specimens whose results are positive are to be held by the reference laboratory for a period
of one year.
The hours as specified will vary with the time of collection and are based on a Monday
through Friday schedule. If the specimen collection times falls during off hours, weekends, or
holidays, the hours of reporting will be adjusted accordingly.
The CHAIN OF CUSTODY letter will be sent to the Personnel Department representative
upon its return to the City.
61
PRE~MPLOYMENT
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 an~i~/sis 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:
62
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, represen-
tation, 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 negotiatiqns 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.
63
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 , , 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: