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HomeMy WebLinkAbout2001-009D C-1 40 EMS CONTRACT COLLECTIVE BARGAINING AGREEMENT BETWEEN TEAMSTERS LOCAL # 769 ( �,,. !': AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1, 2000 -- SEPTEMBER 30, 2002 nal • C-1 E-1 ARTICLE 1 AGREEMENT 1.01 This agreement is entered into between the Indian River County Emergency Services District (the "County") and TEAMSTERS LOCAL # 769 (the "bargaining unit" or "Union"). 1.02 The parties realize that the County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by any particular person, by virtue of that person's office, a properly authorized deputy or designee may perform the action. 1.04 Whenever the words "he", "him", or "his" are used the words shall he interpreted as including the words "she", "her", or "hers". 771 • • • ARTICLE 2 RECOGNITION 2.01 Pursuant to Chapter 447, Part 11, Florida Statutes, the County recognizes the Union as the exclusive bargaining representative for all employees as set forth in PERC Certification No. 1296, as follows: INCLUDED: All employees of the Indian 'River County Emergency Services District employed in the classifications of: paramedic I [Paramedic] and paramedic II ISMS Lieutenantl, senior paramedic [EMS Captain], EMS training officer I [EMS Training Officer), EMS training officer 11 [EMS Lieutenant Training Officer[, and senior EMS training officer [EMS Captain Training Officer►. EXCLUDED- All other employees of the Indian River County Emergency Services District. 2.02 The Union and the County reserves the right to file with PERC for a clarification of the bargaining unit at any time.. C-1 40 ARTICLE 3 MAINTENANCE OF STANDARDS 3.01 The County will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this agreement or working conditions known to the County which existed prior to this agreement. 3.02 Article 3,01 notwithstanding, the provisions of this Agreement anchor pre- existing working conditions, other than wage provisions, may be temporarily suspended in response to the declaration of a federal, state, or local emergency or natural disaster. C-1 40 C-1 ARTICLE 4 CONTRACT APPLICAT[C3N 4.D , This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the lawns of the State of Florida, ordinances and resolutions of the County, and department of Emergency Services Personnel Rules and Regulations. ARTICLE 5 SEPARABILITY 5.011 The parties hereto agree that should any article, section or paragraph of this agreement be declared by a court to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article, section, or paragraph hereof, and the remainder of this agreement shall remain in full force and effect. In the event any article, section or paragraph of the agreement is lawfully declared invalid, the County and the Union shall meet immediately to negotiate a replacement article. C� A s 40 ARTICLE 6 UNION ACTIVITY 6.01 The County and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, or participation or non -participation in any union or organization. 6,02 The Union Chief Shop Steward or alternate shall be allowed up to two weeks time off to attend a union seminar, conference, or convention. The time off shall be without pay and shall be considered leave of absence unless a shift exchange arrangement has been provided. 6.04 Up to three members of the Union's Negotiations Committee shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the County Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. 6.05 By mutual agreement of the employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than two W members designated by the Union and two ;2j members designated by the EMS Chief. The Union Committee membership shall consist of employees from within the position 40 C-1 • classification covered by this agreement. The management membership shall consist of employees within the Department, but outside the bargaining unit as herein defined. Nothing herein requires the attendance of the Director of Emergency Services at any Labor -Management Committee Meeting. 6.06 The Labor -Management Committee shall meet upon request of either party and such meeting may be held during working hours as scheduled by the EMS Chief. 6.07 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated, or matters which have been the subject of current collective bargaining issues between the parties. 6.08 The party requesting such meeting shall forward an agenda, listing the items for discussion, to the other party no later than three (3) days prior to the meeting. E7�3 4D 40 11 ARTICLE 7 PAYROLL DEDUCTION OF DUES 7.031 The County agrees to deduct prescribed dues and initiation fees from the earnings of those employees who have signed individual authorization cards for such deduction. The Union shall periodically certify the authorization cards to be current. The County shall remit said collections monthly to the duly designated officer of the Union. 7.072 The Union shall indemnify, exonerate, and save the County harmless from any claims or judgments against the County based upon any check off -of Union dues, fees, or assessments. The County shall give written notice to the Union by registered mail addressed to the Business Agent of the Union of any claim against the County based in whole or in part on any check -off of Union dues, fees or assessments. The Union shall defend the claim at its own cost and without expense to the County even if such claim is false, groundless, or fraudulent. 7.03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check -off deduction the month following the month in which such change in employee status occurs. 40 C-1 40 i 7.04 The County shall not be required to collect Union dues in arrears. Any change in dues made by the Union will become effective after a thirty day written notice by the Union to the County. 7.05 The County shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the County by the Union for violation of this agreement. ARTICLE 8 BULLETIN BOARDS 8.0 f The Union may have a bulletin board in each emergency services station for the posting of notices. "a 40 71 40 O ARTICLE 9 RULES AND REGULATIONS 9.01 Employees shall observe the Department Personnel Rules and Regulations and Standard Operating Procedures, except that the disciplinary action appeal procedures contained in Section 18 of the district Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these may result in disciplinary actions pursuant to the above-cited rules and regulations. 9.07 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause. C-1 4 9,03 New or revised rules implemented within the Department of Emergency Services and any changes in the Department of Emergency Services Personnel Rules and Regulations or Standard Operating Procedures, except in the case of any emergency, shall be posted on all bulletin boards at least two (2) weeks prior to their effective date. If the Union disagrees with a new rule or procedure, it will request a meeting with the EMS Chief to reach a mutual agreement, failing which, a grievance may be filed with the Director of Emergency Services (Step 3). The new rule will not go into effect until the grievance has been resolved. A grievance regarding the creation, deletion or amendment of a rule or procedure cannot be advanced to arbitration. 9.04 It shall be the County's duty to see that all bargaining unit members are issued a current set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be at the expense of the employee requesting them„ 1 C-1 40 40 ARTICLE 10 MANAGEMENT RIGHTS 10.01 RESERVATION NOF RIGHTS The County reserves all rights, powers, and authority customarily exercised by management under current Florida Statutes except as otherwise specifically delegated or modified by express provisions of this agreement. 101.02 PRIOR RIGP'.6 It is the intention of the parties, that the County have each and emery right and privilege that is enjoyed by public employers, 'hounded and limited only by Florida law, the laws of the United States, and this agreement. By this agreement, the Union and the County agree to certain limitations on those rights. 10.03 It is agreed that the management of the County alone shall have authority to determine and direct the policies, mode, and methods of providing its services, without any interference in the management and conduct of the County's business on the part of the Union or any of its representatives. Except as expressly limited by a specific provision of the agreement, the County shall continue to have the exrlusive right to take any action it deems necessary or appropriate in the management of its business and C�] 40 40 CI the direction of its work force. All inherent and common law management rights and functions which the County has not expressly modified or restricted by a specific provision of the agreement are retained and vested exclusively in the Cnunty. Such rights exclusively reserved to the County shall include the right to determine the qualifications of and to select its employees; to determine the size and composition of its working force, to determine work schedules and methods of providing services; to determine the number and type of equipment, trucks, machinery, materials, products, and supplies to be used, operated, or distributed; to Hire, retire, promote, demote, evaluate, transfer, suspend, assign, direct, lay off, and recall employees subject to the express provisions of the agreement; to reward or to reprimand, discharge, or otherwise discipline employees for just cause; to maintain efficiency of employees; to determine job content and minimum training qualifications for job classification; to determine the amount and type of work needed; to engage in experimental and developmental projects; to establish new jobs, abolish or change existing jobs; to increase or decrease the number of jobs or employees; to determine the assignment of work; to schedule the hours and days to be worked on each job and each shift; to discontinue, transfer, or assign all or any part of its operations; to open new facilities and transfer its operations or any part thereto to new facilities; to make studies of work loads, job assignments, methods of operation, and efficiency from time to time and to make 40 40 r 40 changes based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, or create any job, job classification, department, or operation for business purposes; to institute, modify or terminate any bonus or work incentive plan; to control and regulate or discontinue the use of supplies, machinery, equipment, vehicles, and other property owned, used, possessed, or leased by the County; to make or change rules, policies, and practices not in conflict with the provisions of this agreement; to introduce new, different, or improved methods, means, and processes of patient care, transportation, maintenance, service, and operation; to make reasonable rules and regulations for the purpose of efficiency, safe practices, and discipline, and otherwise generally to manage the department, direct the work forces, and establish terms and conditions of employment, except as expressly modified or restricted by a specific provision of this agreement. The County's failure to exercise any function or right in a particular way shall not be deemed a waiver of its right to exercise such function or right, or to preclude the: County from exercising the same in some other way not in conflict with this agreement. C-1 G& 40 • 10.04 In interpreting this agreement there shall be absolute and complete regard for the rights, responsibilities, and prerogatives of management. This agreement shall be so construed that there shall be no interference with such rights, responsibilities, and prerogatives except as may be expressly provided in this agreement. Past practices of the Department shall not be considered for the purpose of limiting the rights, responsibilities, or prerogatives of County, nor for the purpose of enlarging upon the specific and express limitations on County which are contained in this agreement. 10.05 Anything herein to the contrary notwithstanding, the County shall provide to the Union notice and an opportunity to bargain over the decision and the impact of the decision to privatize, subcontract, or transfer EMS services. 4b C> • • ARTICLE 11 NO STRIKE CLAUSE 11.01 The Union agrees that there shall be no strike or strikes, slowdowns, or work stoppage, picketing in furtherance of any work stoppage, any cessation of work of any kind or degree, curtailment of work, or restriction of performance of duties, or any other interference or stoppage, total or partial, for any reason, which may include but not be limited to alleged violations of this agreement by the County. The Union will not authorize, approve, finance, aid, or condone any strike, work stoppage or picketing in furtherance of any work stoppage, by its members or employees it represents on County or customer facilities or premises in respect to any controversy, disputes or grievances, and the Union will take immediate steps to end any work stoppages, strikes, slowdowns, or suspensions of work. 11.02 This article shall apply whether the particular matter arises from or outside of this contract. The application of the article shall not be governed or condoned either in whole or in part with the basis of the strike, work stoppage, slowdown, etc. or whether it may be arbitrated or not. C-1 • i► 1 1.03 In case of violation of this article by an employee acting in the Union's behalf, the County shall have the right to: A. Discharge not only the instigators of the strike, but the participants as well, or any of them, at the discretion of the County. /allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. B. Refuse to bargain until the violation(s) cease. C, Obtain an injunction in the State Court restraining the employees and/or the Union from striking and work stoppage, picketing in furtherance of any work stoppage, or any other violation of this article without removal of the complaint to Federal Court; or D. Hold the Union liable for damages resulting herefrom, including the costs of suits, attorney's fees for litigation and negotiations, settlements, security costs, and other costs directly or indirectly attributable to such violation as determined by the P.E.R.C., Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer tl- at. provoked or tended to provoke the strike by the public employees. CI 40 40 11.04 It is further agreed that the providing of emergency services by the County is extremely vital to the health, welfare, and safety of the citizens 40 of the District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members, persons acting in the Union's behalf, agents, employees, representatives, or officers acting in the Union's behalf violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this article in any other manner, and said action would cause the District irreparable injury or damage, and the County shall have the right to seek injunctive relief pursuant to Chapter 447, Florida Statutes. 1 1 .p5 Employees who refuse to perform the regular duties of their job because of strike, boycott, or picket line in furtherance of any work stoppage, upon the County's premises, or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion of the County. Such action shall be a violation of this article, regardless of which labor organization is conducting the strike, work stoppage, picketing or labor dispute. 40 CI Go ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12.1 A "grievance" is a claimed violation of this agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this agreement, No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the union. In either case, the procedure to be followed will be the same. Grievances regarding disciplinary actions shall be initially filed at Step 2. The grievant and management may mutually agree to waive any step. 12.2 Rules of Grievance Processing It is agreed that: (A) The time limit at any stage of the grievance procedure may be extended by written mutual agreement of the parties involved in that step. (B) A grievance presented at Step 1 and above shall be dated and signed by the grievant. A decision rendered shall be written to the grievant, with copy to the union if it is not the grievant, and shall be dated and signed by the County's representative at that step. (C) When a written grievance is presented, the County's representative shall return a dated and signed copy of it at that particular step. (D) A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis 40 4D 40 40 of the County's decision most recently given. Failure on the part of the County's representative to answer within the time limit set forth in any step will entitle the grievant to proceed to the next step. (El A written grievance must set forth the following: 1. A complete statement of the grievance and the facts upon which it is based; 2. The section or sections of this agreement claimed to have been violated; and 3. The remedy or correction requested. In the settlement of any grievance resulting in retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. Bargaining unit employees cannot use the [District's or County's grievance or appeal procedures for any claims falling within the definition of a grievance herein. 40 C7 40 • STEPS FOR GRIEVANCE PROCESSING If a grievance arises, the grievant must meet with and discuss the grievance with the Operations Supervisor in charge of the shift within ten calendar days (excluding weekends or County -recognized holidays) of the event giving rise to the grievance. In the event the issue in dispute cannot be resolved between the supervisor and the grievant, the grievance shall be presented in writing by the grievant at Step 1 of the grievance procedure within five calendar days (excluding weekends or County - recognized holidays) from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the immediate supervisor. Std 1 ; The grievant shall present the written grievance to the EMS Chief, The EMS Chief shall meet with the grievant within five calendar days (excluding weekends or County -recognized holidays) of receipt of the written grievance. A union steward or a union representative may accompany the grievant at the meeting if the union is not the grievant. The EMS Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within five calendar days (excluding weekends or County -recognized holidays) from the date of the grievance meeting. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 2. E___1 41111110 40 4M Sten 2: The grievant shall present the written grievance within five calendar days (excluding weekends or County -recognized holidays) from the date of the decision at Step 1 to the 'Emergency Services Director. The Emergency Services Director shall meet with the grievant within five calendar days (excluding weekends ar County - recognized holidays) of receipt of the written grievance. A union steward or a union representative may accompany the grievant at the meeting if the union is not the grievant. The Emergency Services Director shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten calendar days (excluding weekends or County -recognized holidays) from the date of the grievance meeting. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to Step 3. Step 3: The grievant shall present the written grievance within five calendar days (excluding weekends or County -recognized holidays) from the date of the decision at Step 2 to the County Administrator. The County Administrator shall meet with the grievant within fifteen calendar days (excluding weekends or County -recognized holidays) of receipt of the written grievance. A union steward or a union representative may accompany the grievant at the meeting if the union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten calendar days (excluding weekends or County -recognized holidays) from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to arbitration. 40 40 do • ARTICLE 13 ARBITRATION 13.1 In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Submission to arbitration must be made within ten calendar days (excluding weekends or County -recognized holidays) of the date that the Step 3 decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. If the parties fail to agree to the appointment of an arbitrator, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of seven arbitrators who reside in Florida. The party requesting arbitration shall strike the first name from the list, and the parties shall thereafter alternate in the striking of names. The party requesting arbitration shall notify the last remaining person on the list of his/her selection as the arbitrator in the case. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Testimony shall be given under oath. 13.2 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post -hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be equally divided between the 4D parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator's decision shall be final and binding on the parties subject to any review allowed by taw. 13.3 The arbitrator will be confined to the written grievance presented in Step 1 of the procedure. Additionally the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; and may not interpret this agreement in a manner inconsistent with the County's management rights. This ,Agreement may not be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein.. 13.4 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the question that is presented, which question must be actual and existing. In any arbitration decision resulting in a retroactive adjustment, such adjustment shall be limited to ten calendar days prior to the date of the filing of the grievance. In any arbitration decision resulting in back pay to an aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 40 C-1 • 40 13.5 Nothing in this agreement shall prohibit the presence of a Union representative at any steps of the grievance procedure, or prohibit an employee from advancing a grievance on his or her own behalf. O 40 A • ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The County will allot sufficient funds per employee per year for work shoes, trousers, class A shirts, polo shirts, t -shirts, hats, winter jackets, jumpsuits, badge and name plates. 14.02 The Employer will provide protective clothing and devices as follows: helmets, bunker coats, and rubber boats for each employee. The Employer will provide dual certified employees who are assigned fire suppression duties, if any, protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter resistant face shield, gloves, and safety glasses for welding and metal cutting. Whenever practical, replacement will be made on the said employee's scheduled shift. Replacement shall be made as determined by management, 14.03 The Employer will provide bed linens, consisting of pillowcases, fitted sheets, and flat sheets. Such limens shall be replaced on an annual basis. 14.04 RESERVED do [:A to 14.05 The County agrees to reimburse the full cost for eye glasses and contact lenses not to exceed two hundred dollars and up to one hundred dollars for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the EMS Chief. 40 410 40 40 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices. 15.02 It is recognized and agreed by the County and the Union that the County will provide new and improved safety equipment and to utilize modern technology and methods to meet the objectives and functions of the Department within budgetary limitations. The employer agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 The Union Safety Committee and EMS Chief of designee may meet at the request of either party to discuss new safety methods, equipment, and technology. 15.04 The Employer agrees to comply with stiction 112.18, Florida Statutes (special provisions relative to disability) and Section 112.181, Florida Statutes (special provisions relative to certain communicable diseases). 15.05 The Union and the County agree to the concept of a smoke free Department. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the emergency services stations 40 40 1 40 and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, Both on and off duty, from the use of tobacco products. 15.06 RESERVED 15.07 The County shall provide testing for Tuberculosis each year and Hepatitis C once as a baseline and after each potential exposure. The County shall provide immunization for all employees who want immunization as follows; Hepatitis A, Hepatitis B every five years, and Tetanus every ten years. 15.08 The County agrees to provide as a minimum an annual physical for each employee. The Medical Director shall determine the scope of the physical examination. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director, EMS Chief, and Personnel Director, but shall otherwise be confidential to the extent permitted by law. 15 09 The Employer and the Union agree to the Chug -Free Workplace Program attached as Attachment A. n 4D i 4W ARTICLE 16 HOURS 16.01 A schedule of 24 hours on -duty and 48 hours off-duty will be applied. Hours worked over 40 hours per week will be paid at time -and -a -half. Hours paid but not worked shall not be regarded as time worked for the purpose of calculating overtime. 16.02 Sick leave shall be regarded as time worked for the purpose of calculating scheduled FLSA overtime. ARTICLE 17 STAFFING 17.01 The County shall not reduce existing staffing levels, other than on a temporary basis, without first giving the Union notice and an opportunity to bargain over the impacts of the reduction. 17.02 As a general rule, two employees per shift may be granted leave. Any additional employee leave may be granted only with special approval of the EMS Chief and the Director. + 17.03.1 Should the County exercise its management prerogative to create I, classifications outside of the bargaining unit that will perform paramedic work, the County shall give the Union advance notice and an opportunity to bargain over the negotiable impacts of the County's decision prior to its implementation. The Union shall have the right to petition PERC to include the classification in its bargaining unit. 17,03.2 The County agrees to bargain over the negotiable impacts of requiring bargaining unit employees to obtain dual certification, upon proper request, prior to the implementation of the requirement. E-1 ti r I-] ARTICLE 18 VACANCIES AND PR MOTIONS 18.01 When a permanent vacancy occurs in any bargaining unit position, such vacancy shall be filled as soon as possible with a qualified person in the judgement of the EMS Chief, or his or her designee, unless the District exercises its managerial prerogative (subject to any right the Union has under the law to negotiate) to abolish or reclassify the position. Filling of all vacancies shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 The Promotion Board shall be composed of the EMS Chief, Deputy Chief, three (3) Operations Supervisors, three (3) Senior Paramedics {EMS Captains), and one (1) member of the Union who will be elected by the bargaining unit. The Promotion Board shall rank the candidates, and forward the top three ranked candidates to the Emergency Services Director, based upon the following factors: job performance, examination scores, working out of classification, disciplinary record, college degrees, educational courses, training, certifications, and years of service. The rankings shall be determined based upon a point system formulated by the Promotion Board. The Emergency Services Director shall select from the top three ranked candidates the individual he believes, in his discretion, is most qualified for the position. 40 40 • • 18.03 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The Employer shall develop the appraisal form with input from the Union. 18.05 Newly hired employees shall serve an initial probationary period of one year. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relaying to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.06 Employees who are promoted shall serve a promotion probationary period of one year. If an employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promo- tion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. ARTICLE 19 SHIFT EXCHANGE 19.01 Employees may exchange shifts when the change does not interfere with the operations of the Department, and prior approval is granted by the EMS Chief. Chit forms shall be used for this purpose. 19.02 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. ARTICLE 20 SUBSTITUTE EMPLOYMENT 20.01 The County agrees not to use, assign or detail members of the bargaining unit as substitute employees to perform non -emergency service duties except where lues or property are in imminent danger, 20.02 Volunteers may be used to replace a paid employee only temporarily and only with the approval of the EMS Chief. 40 40 s ARTICLE 21 WORKING OUT OF CLASSIFICATION 21.01 An employee required to work temporarily at a higher rank shall receive a 10% increase above the employee's current hourly base salary for the period of time the employee worked out of classification. To qualify for temporary relief pay, the employee must work in a higher classification for a minimum of three hours. Only those qualified employees who have completed their probationary period will be utilized while filling a vacancy in a higher classification. The County, at its discretion, may work qualified employees out of classification after they have completed six months of their probationary period. Such temporary promotions are not considered mandatory. Refusal to work out of classification will not be held against the employee (but the employee must state reasons to the FMS Chiefs except for the purposes of promotion. ARTICLE 22 TRANSFERS 22.01 Employees may transfer within the Division if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. In the event of a vacancy in a non -shift position, employees shall be given first right to transfer to the non -shift position. 4P 40 r ARTICLE 23 PERSONNEL REDUCTION 23.01 If a personnel reduction is necessary, the County shall determine the number of employees and jobs affected in the bargaining unit and retain employees an the basis of job qualifications, job seniority, jab performance and length of uninterrupted services as a full-time employee. If other factors are equal, in the 'EMS Chief's judgement, seniority shall be the deciding factor. Laid -off employees shall be given preference before new employees are hired for future vacancies in the Department; however, the laid -off employee must meet the basic qualifications for the job vacancy in the judgement of the EMS Chief, and be recalled within two years of the lay-off date. 23.02 Laid -off employees shall retain seniority in the Department for a period of two years after lay-off. The Department shall allow laid -off employees to participate in Department training to maintain their certification. 40 w 40 23.03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, immediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three consecutive duty shifts without prior approval from, or notification to, the EM'S Chief or his or her designated representative. Ell 40 i ARTICLE 24 BEREAVEMENT LEAVE 24.01 Regular full time bargaining unit employees covered by this agreement shall be granted up to one and one-half shifts of leave with pay, upon verbal request to the EMS Chief or his designee prior to the beginning of the leave, for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time. 24.02 For the purpose of this article, the immediate family shall consist of Spouse, Children and Step -Children, Parents and Step -Parents, Grandmother, Grandfather, Brother, Sister, Mather -in -Law, Father -in -Law, Son -in -Law, Daughter -in -Law, Sister -in -Law, Brother -in -Law, Step- brother, Step -sister, or Legal Guardian of the bargaining unit employee, and any other individual so designated by the County for all other employees. '4.03 Employees may be required to provide documentation supporting their request for bereavement leave. 40 71 W 40 ARTICLE 25 HOLIDAYS 26.01 The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the auspices of the Indian River County Administrative Policy: i 1. New Year's Day 2. Good Friday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Clay 7. Thanksgiving pay 8. Friday after Thanksgiving Day 9. Last working day before Christmas 10. Christmas Day 25.02 Non -shift employees shall be given time off with pay for the above holidays. If a non -shift employee works the holiday, the employes shall be paid the overtime rate at time and one-half for the time worked. 40 C1 i M 25.03 Any employee who acquired holiday pay has the option to use the extra pay thus earned in the farm of time off instead of a cash payment if the following conditions are observed. A. Time off shall only be with the approval of the EMS Chief. B. All such time must be earned before it is used. C, Time off must be taken within the confines of each pay period. D. This may occur for a maximum of five holidays in one fiscal year. E. Notification of this request must be made in writing at least seventy-two hours prior to the end of the applicable pay period. Lack of such written notice means the employee will be paid in cash and the right to use this as vacation annual leave will be forfeited. F. The official roster of applicable holiday pay time will be maintained in the EMS Division. 25.04 Shift employees who are not required to work on a holiday will receive twelve hours of holiday pay at their regular hourly rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive eighteen hours of holiday pay at their regular hourly rate, in addition to their twenty-four hours of straight time pay for the time worked, for the pay period within which each holiday falls. +0 s 40 25.05 An employee must be on active pay status or approved leave on the regularly scheduled working day immediately prior to a holiday, and the regularly scheduled working day immediately following a holiday, in order to qualify for the holiday time. 40 ELI 4D • ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full time permanent non -shift employees earn medical leave at the rate of one work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day per month. For purposes of computation, one full 24-hour shift will be equal to two 12 -hour medical leave days. B. Medical leave may be taken as earned. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the EMS Chief that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the EMS Chief. 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen consecutive working days shall not accrue medical leave for that period of time. CJ 4D CA CI 26.03 ADDITIONAL -MEDICAL LEAVE In deserving cases additional medical leave may be granted with the EMS Chief's approval. 26.04 ACCRUAL Medical leave may be accumulated for a total of no more than one - hundred days at the employee's anniversary date. 28.05 USE OF MEDICAL LEAVE Medical Leave May Be Granted For The Following Purposes: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "26.05 D." for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family (Section 24.021 who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five working days a year may be taken for this purpose without approval of the EMS Chief. E. Events in accordance with the Family and Medical Leave Act of 1993. 26.06 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or EMS Chief prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four hour basis must notify the department within the time limit established by the EMS Chief. B. In the event that an employee is suspected of abusing medical leave privileges, the EMS Chief shall request a physician's certificate to verify the illness.. 26.07 CHARGING LEAVE A. Medical leave time shall be charged to the employee for the actual time the employee is away from work. B. Medical leave will be charged in not less than one hour minimum periods for time less than one day. 26.0$ SPECIAL CONSIDERATION FOR PRUDENT USE OF 11AEDICAL LEAVE Medical leave accumulated in excess of one hundred days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in whiwi the employee's anniversary date occurs for one-half such excess leave at the employee's regular hourly straight time pay. 173 4D i 26,09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Upon resignation or termination for cause of an employee from the County's services, all medical leave, current and accumulated, will be forfeited. B. Employees retiring in accordance with existing retirement plans or who have died will receive base pay for one-half of medical leave days accumulated up to a maximum of two hundred and forty hours. 26.10 DISABILITY LEAVE Disability leave with pay shall be provided by the County on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act, B. If incapacitated for the employee's regular position, the employee may be given other duties with the Department for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the EMS Chief will make the employee ineligible for disability leave during the time involved. i CI 40 40 C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven days of the leave (3.5 shifts for shift employees) will be charged to the employee's medical leave or the annual leave account. After the first seven days (3.5 shifts for shift employees), the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave the employee may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed the employee's normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury or illness from combat. F. At any time during the period of disability, any case may, upon request, be reviewed by an authorizer) County physician who shall recommend retention, reduction, or separation to the EMS Chief. A 11 40 40 26.1 1 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of E=mergency Services, after a request for approval of such paid disability has been made by the EMS Chief. The Director's approval shall not be unreasonably withheld. 40 i cil II ARTICLE 27 INSURANCE BENEFITS 2.7,01 A. Hospitalization and medical insurance is provided for all classified employees. The County agrees to ,pay for the employee and the employee's dependent coverage, except that employee shall pay $37.50 per month for dependent coverage commencing October 1, 2000. B, The County agrees to bargain over the negotiable impacts, upon proper request, of any reduction in the amount or scope of coverage provided to employees and the family members. The County may, at its option, obtain coverage from a different carrier or provider, without being required to negotiate over the impacts with the Union, provided that the benefits remain similar. C. The County inay, at itsoption, elect to have any future increase in the cost for dependent coverage absorbed by the employee. D. If the cost of insurance payable by the employee is proposed to be increased by more than $25.00 per month, the Union has the right to negotiate over the increase, provided that written notice i� given to the E=mergency Services Director within ten (10) working C-1 i days after notice of such proposed increase is given to the employees. 27.02 The County shall maintain in full force and effect, and pay all premiums for, a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 27.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. i 4W 40 • ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis; 1. Ten working days vacation shall be earned each year for the first five years of continuous employment commencing with the anniversary date. 2. At the start of the sixth year of continuous employment through the start of the fifteenth year of continuous employment, an employee shall be entitled to one additional vacation day per year as follows; 40 C> • CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNEIJ 6 Years 1 1 trays 7 Years 12 Days 8 Years 13 pays 9 Years 14 Days 10 Years 15 pays 11 Years 16 Days 12 Years 17 pays 13 Years 18 pays 14 Years 19 Days 15 Years 20 Days 28.02 The maximum vacation accrual shall be thirty days. 28.03 Employer rules and regulations will apply regarding notification and/or pay for annual leave earned above maximum limits. 28.04 Employees with the most time in total service years will be given preference when granting annual leave. i do i ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29,01 The decision to grant leave of absence without pay is a matter of administrative discretion. The EMS Chief shall determine each case on its own merit. Any leave of absence for a period of thirty days or more must have the approval of the EMS Chief and the Director. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 29.02 Any employee granted a leave of absence shall contact the EMS Chief at least two weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 29.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 29.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 29.45 Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. 29,06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty days. M 40 • ARTICLE 30 OVERTIME STANDBY AND COURT DUTY 30.01 DISTRIBUTION OF OVERTIME All overtime will be distributed equally by classification to the best ability of the supervisor in charge, except where operational needs dictate otherwise using a bi-weekly posted overtime list or graphical presentation as a guide for such distribution. In compiling the bi-weekly posted overtime list, the following conditions will be adhered to: A. All assigned overtime hours worked by the employee will be included in totals shown on the above posted list. B. When an employee enters a new classification, the employee will be placed on the overtime list at the highest overtime of the classification which the employee enters.. C. If an employee refuses overtime which the County gets someone else to perform, the overtime will be charged against the employee who refused. If an employee is in line for an overtime assignment the employee will not be charged for having refused the assignment if the employee cannot be contacted. D. If an employee is sick, or on vacation, or on excused absence, and is offered overtime but refuses it, the employee will not be charged for the overtime refused. This is not to be interpreted as meaning that an employee is not subject to call-back while on vacation. For distribution of overtime purposes an employee shall be considered on vacation from the time the employee finishes work on the employee's last scheduled work day before going on vacation until the employee's scheduled starting time on the employee's first scheduled work day after the employee's vacation. E. At the end of the payroll period nearest the end of each fiscal year, the accumulated overtime of the lowest employee in each classification (excluding employees who are ineligible for overtime) shall be deducted from the overtime standings of all others in the classification at that location. F. It is expressly understood that reliable, prompt service is a priority responsibility of the department. It is expected that all employees will respond when an emergency or bona fide need exists. The failure to so respond except as covered in (D) above, will be cause for disciplinary action, including termination of employment. 30.02 RESERVED C> 40 40 40 30.03 MEALS A. The Employer will pay employees of the EMS Division an allowance for meals under the Following conditions, unless the meals are provided by the Employer. An allowance for meals paid when such meals are not provided by the Employer shall not exceed three dollars ($3.00) per meal, B. If an employee is required to work two 421 hours or more before his or her regular starting time and the employee continues to work for a minimum of two (2) hours, the employee shall have the next meal paid for by the Employer and additional meals at six (6) hour intervals thereafter if the employee continues to work. C. If an employee is held over or called out within two (2) hours after the employee's regular quitting time, and continues to work for a minimum of two (2) hours, the employee shall be entitled to a meal at the Employer's expense and additional meals at six (+6) hour intervals thereafter if the employee continues to work. 30.04 COURT LEAVE A. Employees attending court as a subpoenaed witness on Behalf of a public jurisdiction or for jury duty during their normal working hours shall receive full Ray equal to their normal work schedule for the hours they attend court. This time shall be charged as leave F -I 4P 40 C-] with pay. Remuneration paid by the court shall be turned over to the County. B. All permanent full-time employees subpoenaed to attend court on behalf of the County are eligible for leave with pay. Any remuneration shall be turned over to the County.. C. Those employees who become witnesses, plaintiffs or defendants in the matters unrelated to the County are not eligible for leave with pay. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for leave with pay.. D. Non-exempt employees who attend court representing the County on their day off will be compensated in accordance with the overtime provision. However, every attempt should be made not to schedule a court appearance on the employee's day off. E. Employees who attend court for only a portion of a regularly scheduled work day are required to report to their supervisor within a reasonable period of time after being excused or released by the court. Ed F. Employees who attend court on behalf of the County, as stated above, while on scheduled vacation, may be allowed to take additional leave with pay for the court time. C> +b C-1 G. In the event a holiday occurs during the period of an employee's jury duty, the employee shall receive pay for the holiday. H. All court attendance must be verified before an employee shall be compensated. Monies received from court appearances will be turned over to the County. C-1 s 40 ARTICLE 31 CALL -OUT AND PREARRANGED OVERTIME 31.01 CALL -OUT AND PREARRANGED OVERTIME A. When an employee is required to report for work at a time other than the employee's regular work schedule, it shall be considered: 1 . A call -out, if the employee has less than twelve hours' notice by the EMS Chief or authorized representative; or 2. Prearranged overtime if the employee has twelve hours' or more notice. R. 0n a call -out, the employee shall be paid a minimum of three hours at time and one-half as time actually worked on the call -out. Time shall start at time of initial contact (unless the employee fails to report to work within a reasonable period of time after contact, whereupon time shall start at a reasonable period of time before appearing at work) for purposes of computing time worked and/or paid and shall end upon sign -off at work headquarters r'. In the case of prearranged overtime, the employee shall be paid time and one-half for all hours worked. D. No employee will be called back to work during vacation unless an extreme emergency has been declared. 1. An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3. In the event an employee is called back from vacation out of town, the County will assume all costs involved in transporting the employee to and from the vacation site. d at L] ARTICLE 32 MILEAGE ALLOWANCE 32.€31 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's own personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the County to provide transportation between stations and back. 32.02 Application for mileage reimbursement must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 40 e-1 40 ARTICLE 33 INCENTIVE PAY 33.01 RESERVED 33.02 RESERVED 33,03 The County will pay for or supply free tuition, materials and certification cards for ACLS, CPR, PHTLS and. PALS classes to all EMS bargaining unit employees. Each course will be offered a minimum of two (2) times a year, 33.04 RESERVED 33.05 RESERVED 33.06 RESERVED 40 33.07 RESERVED E-1 40 C-1 4D 34.01 ARTICLE 34 SALARIES 3.OD%RAISE EFFECTIVE 1011100 GRADE A B C D E Z-01 rFZ-02 $ 10.12 21,049.60 $ 10.63 22,110.40 $ 11.18 23,254.40 $ 11.71 24,356.80 S 12.32 25,625.60 10.63 22,110.40 11.18 23,254.40 11.71 24356.80_ _=� 12.32 _L5,625.60 12.90 26,832.00 30,957.94 1,250.21 32,505.46 1,312.74 34,131.24 1,378.38 35,837.88 1,447.29 37,62'9.54 1,250.21 32,505.46 1,312.74 34,131.24 1,378.38 35,837.88 1,447.29 37,629.54 1,519.66 39,511.16 [r2A1,190.69 11.71 12,32 25,625.60 12.90 26,832.00 13.55 28,184.00 14.2324,356,80 29,598.401,378.38 35,837.88 1,447.29 37,629.54 1,519.66 1 39,511.60 1,595.65 41,486.90 1,675.44 43,561.44 POSITION TITLE Z-01 Paramedic (S) Z-02 EMS Lieutenant (S) Z -2A EMS Training Officer (D) X•03 EMS Lieutenant Training Officer (0) Z-04 EMS Captain (S) Z•05 EMS Captain Training Officer (D) (S) denotes shift position (D) denotes day position 40 C�1 do C-1 34,01 (Cont'd) RAISE EFFECTIVE 10MI01 GRAD}: A $ 10.42 21,673.60 8 $ 10.95 22,776.00 C $ 11.52 23.961.60 D 12.06 25.084,80 E $ 12.69 26,395.20 Z-01 Z-02 10.95 22,776.00 11.52 23,961.60 12.06 25,084.80 12,96 26,395.20 13.29 27,64120 Z.2A 1,226,41 31,886.6633,480,72 1,287.72 1,352.12 35,155.12 1,419.73 36,912.98 1,490.71 36,758,46 Z-03 1,267.72 33,480.72 1,352.12 351155.12 1,419.73 36,913..98 1,490.71 38,758.46 1,565,25 40,696.50 Z-04 12.06 25,084,80 12.69 2.6,395,20 13.29 27,643.20 13.96 29,036.80 14,66 30,492,80 Z•05 1,419.73 36,912.98 1,490.71 1 38,758.46 1,565,25 40,696.50 1,643.52 1 42,731.52 1,725.70 44,86820 POSITION TITLE Z-01 Paramedic (S) Z-07. EMS Lieutenant (S) Z•2A EMS Training Officer (D) Z-03 EMS Lieutenant Training Officer (D) Z•04 EMS Captain (S) Z•05 EMS Captain Training Officer (D) (S) denotes shift position (D) denotes day position A. All new hires will be placed in Step A of the appropriate job grade. Employees will be placed in the next step of the appropriate job grade annually from elate of hire on the pay period following their anniversary date. 40 4b i 40 B. Employees who are promoted will be placed in the same step of the new job grade. The employee's pay anniversary date will change to one year from the date of promotion on the pay period following their promotion date, ARTICLE 36 EQUAL E APLOYMENT POLICIES 36.01 It is the continuing policy of the County to promote the concepts of equal opportunity for all of its employees and applicants for employment. 36.02 The County will continue to recruit, hire, train, and promote persons in all job classifications on merit principles, without regard to race, color, religion, sex, disability, or national origin, 36.03 Decisions on employment will be based on the principles of equal employment opportunity. 36.04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, and social and recreational programs, will be administered without regard to race, color, religion, sex, disability, or national origin. ARTICLE 37 DURATION AND RENEWAL 37,01 This agreement shall be in full force and effect from October 1, 2000 through September 30, 2002• This agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February 1 of the year in which the contract expires. 37,02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new agreement is reached or the impasse is resolved, 37.03 RESERVED 37.04 The parties acknowledge that during the negotiations that resulted in this agreement, each had the unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive the right for the term of this agreement to bargain collectively with respect to any matter referred to or covered it.. 'his agreement, or with respect to any subject or matter not specifically referred to or covered by this agreement. This contract represents the entire agreement between the parties and no other agreements or practices are binding upon either party hereto with respect to wages, hours or working conditions of the employees covered hereby. C> 4P 4D C] SIGNATURE PAGE TEAMSTERS LOCAL UNION NO. 769 BUSINESS REPRESENTATIVE DATE Ratified by the bargaining unit Employees on the 20 day of &rjjL_. 2000 Confirmed by: ABUSINESSZSENTA-TIV-E INDIAN RIVER COUNTY COU�A"DINISTRAT06F EMERGEN SERV. DIRECT R 'DAT E Ratified by the County on the 2nd day of 3anuasy, 7001' . Confirmed by: CHAIR, COUNTY MMMiSSI04 CAROLINE P. GiNN C-3 CI i • Attachment A Indian River County, Florida Emergency Services District Sixty f60i Gay Notice of Drug -Free Workplace Program For Local 2201, IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe, healthy, and productive work environment for its employees; to provide professional services for its citizens; to maintain the integrity and security of its equipment and workplace; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security, and our business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals, it is codifying a Drug -Free Workplace Program to ensure that we witl have a drug-free workplace. This program is intended to satisfy the Drug -Free Workplace Program requirements set forth in 440.102, Florida Statutes, and Rule 59A, Florida Administrative Code. 0 11 4M 4D it is the policy of the District that unlawful possession, use, being under the influence, consumption, sale, purchase, distribution, dispensation, or manufacture by any employee of alcohol or any illegal drugs or illegally obtained drugs in the workplace, on District premises, or within its facilities, in the conduct of District -related work off District premises, or when operating District vehicles on or off duty is strictly prohibited and will be grounds for immediate termination. Nor will the District permit any employee to report to work or to perform his or her duties while taking prescription or non-prescription medication which adversely affects the person's ability to safely and effectively perform his or her job duties. Employees are required to notify supervisors of all such medication use. It is a condition of employment to abide by the terms of this policy. In furtherance of its Drug -f=ree Workplace Policy, the District will institute drug and alcohol testing procedures beginning October 1, 1998. Under this testing program, special -risk and safety -sensitive candidates for employment, as well as current employees under certain limited ci cumstances (Le- for cause, fitness for duty and post accident), will be subject to alcohol and drug testing. A complete copy of the Distr'ict's 'Drug -Free Workplace 'Program will be provided to each employee and applicant in advance of the program's commencement date. it is the District's desire that individuals voluntarily address and resolve any drug and alcohol-related problems on a confidential basis. Should an employee realize that he r_�] 40 f 40 or she has developed a dependence on drugs, alcohol, or any controlled substance, he or she is advised to seek rehabilitation voluntarily (without disciplinary penalty), prior to any management action. In order to provide an effective means of helping employees deal with drug/alcohol use and/or abuse, which may be interfering with their job performance, the District has an Employee Assistance -Program (EAP) provider, Bradman/UniPsych Companies, which offers employees and their families substance abuse treatment and rehabilitation services. Information on these services is available from the District at 567-8000, extension 225 at the Director's Office, fire Chief at 562-2026, or the EMS Chief at 567-3160 We would like to have the opportunity to answer any questions anyone might have prier to the effective date of the program. If you would like to discuss the policy (on a confidential basis), please contact the Emergency Services Director, or his or tier designee, at any time. We do appreciate your work on behalf of the District and ask your assistance in. keeping the workplace free of alcohol and drug-related problems. Ja es E. Chandler, County Administrator a C7 dw Policy Statement To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the fallowing revised policy has been established. As in the past, the policy applies to all employees, supervisors, and managers. Any violation of the Policy will result in discipline, up to and including termination of employment. The District is committed to providing a safe work environment for employees, guests, community, and the public. The abuse of alcohol and drugs is a national problem that impairs the safety and health of employees, promotes crime, and harms the community. In order to maintain the highest standards of morale, productivity and safety in its operations, the District has previously implemented a drug and alcohol free workplace policy. With the cooperation and assistance of its employees, the District will continue its program designed to provide a safe workplace environment free from drugs and alcohol use andfor abuse. The District recognizes that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation. The District's desire and intent is to encourage any employee with alcohol or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affect his ;r her work. Accordingly: i IJ 40 40 This policy satisfies the requirements of the Florida Drug -Free Workplace Program, as provided in Section 440. 101, et see., Florida Statutes, This Drug -Free Workplace Policy and Work Rules requires all employees to be free from the influence of drugs and alcohol while working or while in District property. The use, possession, sale, distribution, or manufacture of any drugs, and/or the unauthorized possession and/or use of alcohol, while working or while on District property, is prohibited. All special risk and safety sensitive job applicants will be tested for drugs prior to being employed. All employees will be subject to drug and alcohol testing upon reasonable suspicion, as defined herein, and as a follow-up to release from a rehabilitation program. All employees are encouraged to be aware of the effects of, and to advise their supervisor when taking, prescription medication that may affect their performance at work. Rules on Drugs and Alcohol Employees of the District are hereby notified that it is a condition of employment for each employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. It is not the intent of the District to intrude into the private lives of its employees. However, the effect of drug and alcohol use, abuse, and/or dependency on safety, work quality, increased medical expenses, and lost productivity requires that this policy be implemented. The following rules apply under the District policy: 1.0 Pre -Employment Conditions 1.1 The following pre-employment conditions are established to determine the suitability of employees to work for the District. 1.2 All job applicants must submit to a drug test prior to starting employment in that position. Any job offer which a job applicant may receive from the District is contingent upon the applicant I successfully completing the drug test. 1.3 Any job applicant who refuses to submit to drug testing as part of the pre-employment testing process will be refused employment. Any job applicant who tests positive for drugs will be refused employment at that time. Confidentiality will be maintained pursuant to this Policy. 1.4 The District will not discriminate against an applicant for employment because of the applicant's past addiction to drugs or alcohol. It is the current use/abuse of drugs or alcohol that will not be tolerated. 2.0 Conditions of Continuing Employment 2.1 Each employee will receive a copy of the Drug -Free Workplace Policy and must abide by the Policy. The rules contained in the Policy are to be considered conditions of continuing employment and are to be consistently followed. Any violation of these conditions of continuing employment will result in disciplinary action, up to and including termination of employment. 0 f 0 40 3.0 Prohibition of Possession, etc. 3.1 The unlawful manufacture, distribution, dispensation, possess, sale, or use of any drug or unprescribed, controlled substances and/or unauthorized possession or usage of alcohol by employees while working or when on any District property, including parking lots, are strictly prohibited. 4,0 Prohibition of Drug or Alcohol Use 4,1 All employees are prohibited from being at work or on District property, including parking lots, with the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein will be presumed to be under the influence of a drug and in violation of District Policy. 4.2 All employees are prohibited from being at work or on District property, including parking lots, with the presence of alcohol, as set forth herein, in the employee's body. Any employee who has a confirmed positive test of alcohol at the Invels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy. C-1 +! • 40 5.0 Requirements to Report Medication Use 5.1 The District does not prohibit the use of a drug (prescribed medication) which has a currently accepted medical use, provided: (a) The drug is prescribed or authorized for an employee by a licensed practitioner; and (b) The use of the drug at the prescribed or authorized level is consistent with the safe performance of the employee's duties; and (c) The drug is used at the dosage prescribed or authorized. 5.2 Employees are encouraged to notify their immediate supervisor when reporting for work or during the course of a work shift if the use of any prescription or non-prescription medication may adversely affect his or her ability to satisfactorily and safely perform his normal job duties (e.g., including but not limited to drowsiness). Employees in safety sensitive or special risk positions are required to provide their supervisor with such information. do 40 i • 6.0 Employee Drug and Alcohol Testing 6.1 Employees will be required to submit to drug and/or alcohol testing upon reasonable suspicion as defined in this Policy, and after release from a drug or alcohol rehabilitation program unless the employee voluntarily entered the program. If follow up testing is required, it must be conducted at least once a year for a 2 -year period after completion of the program. Advance notice of a follow up testing date must not be given to the employee to be tested. 6,2 Confidentiality will be maintained at all times to the extent permitted by law. /.0 Employee Drug or Alcohol -Related Criminal Charges or Arrests 7.1 Employees are required to notify the District of any criminal drug statute -related criminal charge of arrest no later than We (5) days after such charge has been filed. Employees in positions which require driving a District vehicle on District business must notify Personnel of any drug or alcohol-related arrest (e.g., including but not limited to Driving While Under the Influence) on the next i workday. 7,2 The District will take appropriate action with respect to an employee who is so charged, which action may include transfer to a non safety sensitive or non special risk position in alcohol-related cases or discipline in cases related to illegal drugs. 7,3 Employees are required to notify the Emergency Services Director, or his or her designee, of the outcome of all criminal drug statutes or alcohol-related criminal charges no later than Five 451 days after any change in status of such charges. This includes notification of a conviction, a plea of guilty, an adjudication of guilty, a plea of nolo contendere, adjudication withheld, an acquittal, or a dismissal of the charges. 7.4 The District will take appropriate disciplinary action against such employee within thirty 4301 days of receiving notice of the outcome or any change in the status of such criminal drug statutes or alcohol-related charges. 8.0 Rehabilitation Procedures 8.1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact the Emergency Services Director, or his or her designee, for referral for treatment and/or counseling. This discussion will be kept confidential. Supervisory personnel may be notified when treatment or rehabilitation will require absence from work. 9.0 Employee Education and Referral Program 9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse leads to disciplinary problems. Employees who may require assistance for substance dependency and related program are encouraged to seek assistance and information from the Emergency Services Director, or his or her designee. 9.2 Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a voluntary basis will not affect the determination of appropriate disciplinary action. C) �-A 40 40 10.0 Employee Education Information 10.1 The following crisis information centers will provide information regarding employee assistance programs (EAP) and local alcohol and drug rehabilitation programs available to employees: BradmanfUniPsych Companies 7777 Davie Road Extension Suite 302 Hollywood, Florida 33024 (800) 272-3626 (954) 704-8686 Substance Abuse Council 2001 9th Avenue Vero Beach, FL 32960 770-4811 Center for 'Emotional and Behavioral Health at Indian River Memorial Hospital 1 190 37th Street Vero Beach, FL 32960 563-4666 Community Oriented Police Enforcement (COPE) 4055 41 st Avenue Vera Beach, FL 32960 569-6700 C.O.R.E. Program 1422 Old. Dixie Highway Vero Beach, FL 32960 567-1282 ©rugs Are Not the Answer (DANTA, Inc.) 4145 28th Avenue Gifford, FL 32967 770-4663 • 4b 171 0 Family Center of Vero Beach 1845 14th Avenue Vero Beach, FL 32960 778-5523 Mental Health Association of Indian River and St. Lucie Counties 2525 St, Lucie Avenue Vero Beach, FL 32960 569-9788 Support Groups Alcoholics Anonymous (AA) 562-1114 AI -Anon 562-1114 Alateen 562-1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1-800-281-9889 Cocaine Anonymous 1-800-877-7675 National Hotline Numbers Alcohol and Drug Referral Hotline 1-800.252-6454 Child's Help, National Child Abuse Hotline 1-800-422-4453 National AIDS Hotline 1-800-342-2437 National Cocaine Hotline 1-800-262-2463 National Hepatitis Hotline 1-800-223-0179 National Runaway Switchboard and Suicide Hotline 1-800-1521-4000 National Sexually 'Transmitted Diseases Hotline 1-800-227-8922 Suicide and Rape 24 -Hour Emergency Services 1-800-333-4444 i do 40 • National Assistance Groups Alcoholics Anonymous 1-800-344-2666 Food and Drug Administration 1-301-443-1240 Mothers Against Drunk Driving (MADD) 1-800-438-6233 Narcotics Anonymous 1-800-281-9889 National Association for Children of Alcoholics 1-714-499-3889 National Association of Anorexia Nervosa and Associated Disordersl -312-831.3438 National Council of Child Abuse and Family Violence 1-800-222-2000 National Institute of Drug Abuse, Drug information, Treatment 1-800-662-4357 Parents Anonymous National Office 1'800-421-0353 Tough Love 1-800-333-1069 10.3 Employees may obtain further information regarding available drug and alcohol assistance and rehabilitation programs by contacting the Emergency Services Director, or his or her designee. 40 40 C� OR 1 1.0 Management's Responsibilities 11.1 District Officers, Managers, and Supervisors (hereafter collectively referred to as "supervisors") are responsible for implementing the drug and alcohol free workplace Policy. It is the responsibility of supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees or the public. 11.2 The Emergency Services Director, or his or her designee, is responsible for maintaining a safe work environment by determining each employee's fitness for duty. 11,3 In the event the Emergency Services Director, or his or her designee, has a reasonable suspicion (as defined in this Policy) that an employee may be affected by drugs or alcohol or has otherwise violated this !Policy, the employee must be sent for drug testing. This testing will not take place until reasonable suspicion is determined to be present by the Director, or his or her designee, and a corroborating witness. The Director, or his or her designee, shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion exists 40 warrant the testing. A copy of this documentation shall be given to the employee prior to testing. 4P 40 40 40 11.4 In all cases when an employee is being removed from duty for drug testing, the supervisor must notify his superior. 12.0 Employee's Responsibilities 12.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her supervisor if he or she is under the influence of prescription medication which may affect job performance or safety. 12.2 in the event an employee observes behavior which raises a doubt as to the ability of a co-worker to work in a safe and reliable manner, the employee should report this behavior to his/her supervisor. 12.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol treatment and/or rehabilitation program must participate and complete recommended treatment. Any ,employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment for the treatment and/or program to the extent not covered by medical insurance provided by the Employer. If the employee fails to comply with the treatment aridlor program, the i employee will be subject to discipline, up to and including termination of jemployment. 12.4 Reserved i �I • • 40 C-1 13.4 Employee Education 13.1 Employees and supervisors will be required to participate in a drug-free awareness program on a periodic basis. The program will inform employees about the following: (a) The legal, social, physical, and emotional consequences of the use, misuse, and/or abuse of drugs or alcohol; (b) The District's commitment to maintain a drug-free workplace; (c) Available drug counseling, rehabilitation, and employee assistance programs; (d) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs; and (e) The penalties which may be imposed by the District on employees for drug abuse violations occurring in the workplace. 14,0 Rights Under Collective Bargaining Agreements 14.1 Employees who are covered under any collective bargaining agreement between the District and any certified labor or,anization will have the right to file a grievance regarding discipline imposed by the District as a result of a violation of this Policy of said grievance is permitted to be filed pursuant to the collective bargaining agreement and have the right to appeal to the Public Employees Relations Commission or applicable court. 40 15.0 Testing Pursuant to the Drug -Free Workplace Policy 15.1 Types of Testing. In order to maintain a drug or alcohol free work environment and in accordance with Florida's Drug -Free Workplace Program, Section 440. 101, et seq., Florida Statutes, as amended, and j applicable administrative regulations, the District will test for the j presence of drugs and/or alcohol in the following circumstances: 15.2 Pre-employment: All job applicants who have been offered a position of employment in a safety -sensitive or special -risk positions must submit to a drug andlor alcohol test before beginning employment or work with the District. i 15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined in this policy) will be required to submit to a drug and/or alcohol test. 15.4 Reserved 15.5 Follow up: All employees who have entered an employee assistance program (EAP) or rehabilitation program for drug and/or alcohol abuse must take drug and/or alcohol tests as identified in Section 9.5. This requirement may be waived in the sole discretion of the District when an employee voluntarily enters a drug treatment program before disciplinary action has been taken. 15.6 'Post Accident or Injury: All employees who are involved in an accident or injury to an employee which requires medical treatment occurring while at work which was caused, or contributed to, by the employee, the employee must take a drug and/or alcohol test after administration of emergency medical treatment. If it cannot be determined who was driving the District vehicle at the time of the accident, then anyone who was in the vehicle during the applicable time period will be required to submit to testing. Cil 40 40 C7 15.7 Random Testing for Safety -Sensitive or Special -Risk Employees: Safety -- sensitive and special -risk employees are subject to random testing such that the 'district will administer the same number of tests each fiscal year as there are members in the Collective Bargaining units or agreements. Random testing shall be conducted via an unbiased selection procedure, as agreed upon by the parties. 16.0 Consequences of Refusing a Drug Test 16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including termination of employment. An employee who provides a diluted sample will be deemed to have refused to submit to the drug test. 16.2 A job applicant who refuses to submit to a drug test will not be hired. 17.0 Actions Following Positive Confirmed Test: 17.1 An employee who tests positive on a confirmation test will be immediately suspended without pay, and subject to discipline, up to and including termination. if the problem is correctable,. the Emern-ency Services Director, at his discretion, may allow the employee an opportunity for rehabilitation through a last -chance agreement. Any such 40 40 11 • last -chance agreement shall include a provision for random drug testing for two l2f years from the date of the agreement, and successful completion of any treatment program recommended by a healthcare professional. The employee shall be responsible, through his Insurance or otherwise, for the cost of the random testing and treatment program. Linder no circumstances shall an employee be allowed to return to work prior to receiving a negative test result. 17.2 Refusal of a last chance agreement: If an employee is offered an opportunity to enter into a last -chance agreement and refuses to do so, the employee will be immediately terminated. 17.3 Treatment program requirements: Employees who have been provided with an opportunity to enter into a treatment and/or rehabilitation program as part of a last -chance agreement must meet all requirements of that program including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation program or a subsequent positive confirmed drug test will result in immediate termination of employment. 17.4 The employee or job applicant who receives a positive confirmed test result may contest or explain the result to the Medical Review Officer (MRO) within five (5) working days after receiving written notification of the test result. If an employee's or job applicant's explanation or challenge is unsatisfactory to the MRCS, the MRO shall report a positive test result back to the employer. The drug test result may be contested pursuant to law or to rules adopted by the ARCA. 18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director, or his or her designee, both before and after having a drug test. 19.0 Notice of Common Medications: A list of the most common medications by brand name or common name, as applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 20.0 Medication Information: An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding i prescription and non-prescription medication, 21,0 Drugs to be Tested 21,1 Drug testing may be required for any or all of the following drugs: 1. Alcohol, including distilled spirits, wine, beer, and intoxicating liquors; 2. Amphetamines; 3. Cannabinoids; 4. Cocaine; 5. Phencyclidine (PCP): 6. Hallucinogens, as approved by the Florida Administrative Code; 7. Methaqualone; B. Opiates; 9. Barbiturates; 10. Benzodiazepines; 11. Synthetic narcotics (Methadone and Propoxyphene): 12. (Intentionally left blank) 4 13. A metabolite of any of the substances listed herein. I 21.2 Drug cut off levels -- Initial Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 glldl% Amphetamines 1,000 ngfml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml Opiates 300 nglml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Synthetic Narcotics Methadone 300 nglml Propoxyphene 300 ng/ml 21.3 Drug cut off levels -- Confirmation Drug Test: All levels equal to or exceeding the following shall be reported as positive: Alcohol 0.05 gl/dl%* Amphetamines 500 ng/ml Cannabinoids 15 ng/ml Cocaine 150 ng/ml Phencyclidine 25 ng/ml Methaqualone 150 ng/ml Opiates 300 ng/ml Barbiturates 150 ng/ml Benzodiazepines 150 ng/ml Synthetic Narcotics Methadone 150 ng/ml Propoxyphene 150 ng/ml "Vesting laboratories will report all quantitative alcohol test results above 0.05 % to the MRO who will be responsible for reporting results to the Employer.. Percent by weight of alcohol in blood is based upon grams of alcohol per 100 milliliters of blood. 22.9 Reasonable Suspicion Drug Testing 22.1 Employees will be required to submit to drug and/or alcohol testing when the Emergency Services Director, or his or her designee, has "reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which formed his or her determination. A copy of this documentation will be given to the employee prior to testing• 23,9 Confidentiality and Records Maintenance 23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be maintained by the District in accordance with Florida law. All information, records, and drug test results in the possession of the District, laboratories, employee assistance programs (EAP), and drug and alcohol rehabilitation programs will be kept confidential. No such program's information or records will be released unless written consent, signed by an employee or jab applicant, is provided or unless disclosure of such information or records is compelled by court order. The District may also disclose such information when relevant in any civil, disciplinary, or administrative hearing if required or compelled. The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file.