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a © o aia EMS CONTRACT COLLECTIVE BARGAINING AGREEMENT BETWEEN TEAMSTERS LOCAL # 769 AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 1 , 2005 SEPTEMBER 30 , 2006 TABLE OF CONTENTS Page ARTICLEI AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE2 RECOGNITION . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ARTICLE 3 MAINTENANCE OF STANDARDS . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4 CONTRACT APPLICATION . . . . . . . . . . :. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ARTICLE 5 SEPARABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 6 UNION ACTIVITY , . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7 ARTICLE 7 PAYROLL DEDUCTION OF DUES . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 -9 ARTICLE 8 BULLETIN BOARDS . . . . . . . . . . . . . : . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 9 RULES AND REGULATIONS . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 13 ARTICLE 10 MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14- 17 ARTICLE 11 NO STRIKE CLAUSE . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 -20 ARTICLE 12 GRIEVANCE PROCEDURE. . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . 4 . . . . . . . . . 21 -24 ARTICLE13 ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 -27 ARTICLE 14 UNIFORMS AND EQUIPMENT . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 28-29 ARTICLE 15 SAFETY AND HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . 4 . . . . . . . . . . . 30-31 ARTICLE16 HOURS . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-33 ARTICLE17 STAFFING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .34 ARTICLE 18 VACANCIES AND PROMOTIONS . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . 0 . p . q . . . . . . . . 35-36 ARTICLE 19 SHIFT EXCHANGE . . . . . . . . . . . . . .. . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 ARTICLE 20 SUBSTITUTE EMPLOYMENT . . . . . . :. . : . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ill TABLE OF CONTENTS (CONTINUED). Page ARTICLE 21 WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE 22 TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 23 PERSONNEL REDUCTION . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 ARTICLE 24 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 ARTICLE 25 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 -45 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE . . . . . . . 6 .. . . . . . . . . . . . . . . . . . . . . 46-51 ARTICLE 27 INSURANCE BENEFITS . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 ARTICLE 28 ANNUAL LEAVE. . . . . . . . . . . . . . . . . . 6 . 6 . . . . . . . . . . . . . . . . . . . . . . .6 . 6 . . 6 . . . . . . . . . . . . . . . . . . 6 . 6 . . . . . 6 . . 53 -54 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . 6 . . . . . . 6 . . . . . . . . . . . . . . . . . . . 55 -56 ARTICLE 30 OVERTIME, STANDBY AND COURT DUTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-60 ARTICLE 31 CALL—OUT AND PREARRANGED OVERTIME . . . . . 6666 . . . . . . . . . . . . . . . . . . . 61 -62 ARTICLE 32 MILEAGE ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 63 ARTICLE 33 INCENTIVE PAY . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 ARTICLE 34 SALARIES . . . . . . . . . . . . . . . :. . . . . . .. . . . . . . . . . .. . . .. . . . . . . . . . . . . . . 0 . . . . . . . . 6666 . . . . . . . . . . . . . . . . . . . . . . . . 65-66 ARTICLE 35 DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q . . . . . . oq . . . . . . . 67 ARTICLE 36 EQUAL EMPLOYMENT POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . 68 ARTICLE 37 DURATION AND RENEWAL . . . . . .. . . . . . :. . . . . . . . . . . . . . 6666 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69-70 SIGNATUREPAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 ATTACHMENT A - DRUG FREE WORKPLACE , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . 6 . . . . . . . . . 66 . . . . . . . . . 1 -20 j j : 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 be interpreted as including the words "she" , " her' , or " hers' . 1 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 and paramedic ll , senior paramedic , EMS training officer I , EMS training officer II , and senior EMS training officer. EXCLUDED : All other employees of the Indian River County Emergency Services District. 2 . 02 The Union and the County reserve the right to file with PERC for a clarification of the bargaining unit at any time . 2 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 and/or 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. 3 ARTICLE 4 CONTRACT APPLICATION 4 . 01 This contract and its interpretation , application , enforcement, and performance shall in all respects be governed by the laws of the State of Florida and ordinances and resolutions of the County . 4 ARTICLE 5 SEPARABILITY 5 . 01 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 . 5 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 . 03 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 . 04 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 (2) members designated by the Union and two (2) members designated by the Emergency Services Director. The Union Committee membership shall consist of employees from within the position classification 6 . 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 Emergency Services Director at any Labor-Management Committee Meeting . 6 . 05 The Labor-Management Committee shall meet upon request of either party and such meeting may be held during working hours as scheduled by the Emergency ServicesDirector. 6 . 06 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 . 07 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 . ARTICLE 7 PAYROLL DEDUCTION OF DUES 7 . 01 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. 02 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 permanently 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 . 8 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 as determined by a court , arbitrator, or other entity of competent jurisdiction . 9 ARTICLE 8 BULLETIN BOARDS 8 . 01 The Union may have a bulletin board in each emergency services station for the posting of notices . 8 . 02 All materials placed upon the bulletin board by the Union will be official Teamster documents , and signed by a designated Union representative . The Emergency Services Director or his designee shall be furnished with a copy of any material to be posted prior to posting . 8 . 03 Under no circumstances shall the Union post any notice containing material of a political nature (other than internal union matters) or material tending to directly or indirectly disparage or demean the County or. any of its elected or appointed officials or employees. 8 . 04 Material placed upon the bulletin board which fails to complywith , orviolates , the foregoing may be immediately removed by the County, and the employee who placed the material may be subject to disciplinary action . 10 ARTICLE 9 RULES AND REGULATIONS 9 . 01 Employees shall observe the Department Personnel Rules and Regulations and Standard Operating Procedures and amendments thereto , 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 . 02 The Employer has the right to reprimand, discharge or otherwise discipline employees for just cause . 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 anew 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 . 11 . 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 . 9 . 05 Bargaining unit employees shall immediately notify the Emergency Services Director when an information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested , for any offense or violation of law. The Emergency Services Director shall determine if it is in the best interests of the County to : 1 ) Retain the employee in his/her regular position ; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial , acquittal , dismissal , conviction , or other judicial action ; and/or 3) Place the . employee on leave without pay until such time as any charges are disposed . of by trial , acquittal , dismissal ; conviction , or other judicial action ; and/or 4) Initiate disciplinary action up to and including termination . In the event that the employee is retained pending the resolution of the charges , and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the employee , orwhich would cause the County to be held in disrepute , the employee may be terminated from employment . In the event that the employee is retained pending the resolution of 12 the charges and is acquitted of all charges , or the indictment is dismissed , the Emergency Services Director shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice . Notwithstanding anything to the contrary in this section , no employee shall be disciplined or discharged without just cause . 13 ARTICLE 10 MANAGEMENT RIGHTS 10 . 01 RESERVATION OF 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. 10 . 02 PRIOR RIGHTS It is the intention of the parties , that the County have each and every right and privilege that is enjoyed by public employers , bounded 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 exclusive right to take any action it deems necessary or appropriate in the management of its business and the direction of its work force . All inherent and common law management rights 14 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 County. 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 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 15 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. 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. Except as expressly limited by 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 16 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 . 17 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. 11 . 03 In case of violation of this article by an employee acting in the Union's behalf, the County shall have the right to : 18 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 ortrier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees . 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 of the District 19 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 . 11 . 05 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 . 20 ARTICLE 12 GRIEVANCE GRIEVANCE PROCEDURE 12 . 01 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 . 02 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 . 21 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 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 . E . 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 . 22 STEPS FOR GRIEVANCE PROCESSING If a grievance arises , the grievant must meet with and discuss the grievance with the Emergency Operations Battalion Chief in charge of the shift or his designee 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. Step 1 : The grievant shall present the written grievance to the Emergency Operations Assistant Chief or his designee . The Emergency Operations Assistant Chief or his designee 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 Emergency Operations Assistant Chief or his designee 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 : Step 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 23 1 to the Emergency Services Director or his designee . The Emergency Services Director or his designee 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 Emergency Services Director or his designee 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 or his designee The County Administrator or his designee 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 or his designee 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 . 24 ARTICLE 13 ARBITRATION 13 . 01 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 . 02 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 . 25 The expenses of the arbitration including the fee and expense of the arbitrator, shall be paid by the losing party. 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 law. 13 . 03 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 isnot 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 . 04 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 26 aggrieved employee , such back pay shall be offset by interim earnings , including unemployment compensation .. 13 . 05 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. 27 ARTICLE 14 UNIFORMS AND EQUIPMENT 14 . 01 The County will provide each employee , each year, the standard uniform issue of 1 pair of work shoes , 3 pairs of trousers , 3 class A shirts , 3 polo shirts , 3 t-shirts , hats , and 3 jumpsuits . Uniforms shall be worn in accordance with District rules . The aforementioned items shall be replaced upon being lost , or becoming worn or damaged as determined by management . Employees shall be responsible for the replacement cost for any lost items , or items damaged through the employee's negligence . All old items that are deemed worn or damaged , needing replacement shall be turned into the department. 14 . 02 The Employer will provide protective clothing and devices as in the past and at least similar to the " blueberry' uniforms . 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 linens shall be replaced on an annual basis . 14 . 04 The Employer will provide a badge , a nameplate , 1 winter jacket, and bags for turnout gear to all employees . These items will be replaced as needed . 28 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 Emergency Operations Assistant Chief. 29 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 The County agrees to provide safety equipment . The County 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 or 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 section 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 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 . 30 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 , Tetanus every ten years , and flu shot annually. 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, Emergency Operations Assistant Chief, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15 . 09 The Employer and the Union agree to the Drug-Free Workplace Program attached as Attachment A. 31 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 . Should employees covered by this Agreement become legally eligible for the FLSA 7(k) exemption , said employees shall be paid overtime in the same manner as the County's other 7 (k) employees . The Union shall have the right to negotiate the impacts of such changes . 16 . 03 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such , the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency . The failure to report to work and/or perform assigned duties as directed by management during a declared emergency will be cause for termination of employment with Indian River County. The Emergency Services Director or his designee may allow 32 exceptions to this requirement for extraordinary circumstances at his discretion . 33 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 Emergency Operations Assistant Chief and the Director. 17 . 03 Should the County exercise its management prerogative to create classifications outside of the bargaining unit that will perform paramedic work or assign an existing classification to perform paramedic bargaining unit duties , 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 . 04 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. 34 ARTICLE 18 VACANCIES AND PROMOTIONS 18 . 01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy through promotion , the filling of the vacancy 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 Emergency Operations Assistant Chief, one ( 1 ) Emergency Operations Battalion Chief, two (2) EMS Field Supervisors , two (2) Senior Fire Medics or Lead Fire Medics , 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 . Subsequent to a selection , the "rolling rule of three" shall prevail . The 35 Promotion Board shall be required to provide alternate names to the list commensurate with the number of vacancies . 18 . 03 Each employee covered hereundershall 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 . 04 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 relating to their discipline or discharge , and are not entitled to payments of sick leave or vacation leave at time of termination . 18 . 05 Employees who are promoted shall serve a promotion probationary period of six months . 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 priorto the promotion . If the employee's former position is filled , the employee maybe 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 . 36 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. 37 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 lives 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 Emergency Operations Assistant Chief. 20 . 03 Bargaining unit employees shall inform the Emergency Services Director, in writing , of any outside employment. Outside employment which interferes , or is incompatible , with County employment may be denied . No outside employment shall be, performed for any other employer less than eight (8) hours prior to the start of an employee's assigned shift. Exceptions may be granted by the Emergency Services Director, which exceptions shall not be unreasonably denied . 38 ARTICLE 21 WORKING OUT OF CLASSIFICATION 21 . 01 An employee required to work temporarily at a higher rank shall receive $ 30 . 00 per day ($60 : 00 per shift) for the period of time the employee actually works (excluding any periods of leave) out of classification. To qualify for temporary relief pay, the employee must work in a higher classification for a minimum of three consecutive hours . Only those qualified employees who have completed their probationary period will be utilized while filling a vacancy in a higher classification . No employee may work out of class and receive the increase until he has completed his initial and/or promotion probationary period . 39 ARTICLE 22 TRANSFERS 22 . 01 Employees who choose may be allowed , at the Department' s discretion , to transfer within the Department if a vacancy exists , provided the employee has the minimum qualifications for the position . 40 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 on the basis of job qualifications , job seniority, job performance and length of uninterrupted services as a full-time employee . If other factors are equal , in the EMS Chiefs 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 . 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 EMS Chief or his or her designated representative . 41 ARTICLE 24 BEREAVEMENT LEAVE 24 . 01 Regular full time bargaining unit employees covered by this agreement shall be granted two shifts of leave with pay, upon verbal request to the Emergency Services Director 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, Grandchildren , Brother, Sister, Mother-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 . 24 . 03 Employees may be required to provide documentation supporting their request for bereavement leave . 42 ARTICLE 25 HOLIDAYS . 25 . 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: 1 . New Year's Day 2 . Easter 3 . Memorial Day 4 . Independence Day 5 . Labor Day 6 . Veteran 's Day 7 . Thanksgiving Day 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 employee shall be paid the overtime rate at time and one-half for the : time worked . 43 25 . 03 Any employee who acquired holiday pay has the option to use the extra pay thus earned in the form 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 Emergency Operations Assistant 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 . 44 . 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 orderto qualify for the holiday time . 45 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 . However, the initial probationary period shall be extended by the same number of shifts used as medical leave . C . Frequent claiming of benefits underthis rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties . Use of medical leave is limited to three undocumented occurrences per fiscal year unless medical certification is provided and the Human Resources Department authorizes the additional use of medical leave . No authorization will be unduly withheld . Evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency. Services Department. 46 26 . 02 ADDITIONAL MEDICAL LEAVE In deserving cases additional medical leave may be granted with the written approval from the Human Resources Department. 26 . 03 ACCRUAL Medical leave may be accumulated for a total of no more than one-hundred days at the employee's anniversary date. 26 . 04 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. Notice must be provided in advance . (Refer to "26 . 04 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 . 02) 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 . Proof of illness may be required . E . Events in accordance with the Family and Medical Leave Act of 1993 . 47 26 . 05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave , the employee shall notify the 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 one hour before the start of the employee's next scheduled shift . B . In the event that an employee is suspected of abusing medical leave privileges , the EMS Chief or , designee shall request a physician's certificate to verify the illness . 26 . 06 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 . 07 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL 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 which the employee's anniversary date occurs for one-half such excess leave at the employee's regular hourly straight time pay . 48 26 . 08 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 . Use of medical leave will not be approved or paid during the last two weeks of employment. 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 . 09 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 . 49 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 authorized County physician who shall recommend retention , reduction , or separation to the EMS Chief. 26 . 10 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 50 medical or annual leave . This coverage will be extended to other hazardous activities , if approved by the Director of Emergency 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. 26 . 11 Bargaining unit employees shall not be entitled to light or restricted duty for non-duty related illness , injury , or condition (such as pregnancy) , except as required by applicable law. 26 . 12 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave in any twelve-month period , in accordance with , and under the terms of, the Family and Medical Leave Act of 1993 . Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay . 51 ARTICLE 27 INSURANCE BENEFITS 27 . 01 The County shall provide health insurance for all bargaining unit employees and their dependents in the same manner as the County's general non- bargaining unit employees , including the retiree health insurance subsidy, hospitalization , and medical insurance . 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. 52 ARTICLE . 28 ANNUALLEAVE 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 : CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED 6 Years 11 Days 7 Years 12 Days 8 Years 13 Days 9 Years 14 Days 10 Years 15. Days 11 Years 16 Days 12 Years 17 Days 13 Years 18 Days 14 Years 19 Days 15 Years 20 Days 28 . 02 The maximum vacation accrual shall be thirty days . 53 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 . Annual leave shall be used in increments of at least 12 hours . 28 . 05 The County will provide : A . An additional payment of four hours of base rate pay when an employee uses at least one full shift (24 hours) of annual leave during the employee's 48-hour work week. B . An additional payment of eight hours of base rate pay when an employee uses at least two full shifts (48 hours) of annual leave during the employee's 56 or 64-hour work week. C . These additional four or eight hours of base rate pay will not exceed a total amount for all employees of $36 , 000 in fiscal year 2005-06 . D . This provision shall end and the above payments shall cease as of September 30 , 2006 , unless a successor agreement is approved . 54 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 Emergency Operations Assistant 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 Emergency Operations Assistant 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 Emergency Operations Assistant 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 . 05 Leave without pay shall not constitute a break in service , but time off will not be credited toward retirement. 55 29 . 06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty days . 56 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 57 employee is not subject to call-back while on vacation . For distri- bution 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 The filling of overtime for positions covered by this Agreement will be offered first to bargaining unit employees qualified by classification . If no qualified bargaining unit employees are available for the overtime position , the Department may assign qualified employees from outside the bargaining unit to fill the overtime position . Any employee from outside the bargaining unit 58 assigned to fill an overtime position shall assume the responsibilities of the position they are assigned to fill regardless of rank. 30 . 03 MEALS The Department will provide meals to employees during emergency or disaster-type situations if employees are unable to return to their stations . 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 pay equal to their normal work schedule forthe hours they attend court . This time shall be charged as leave 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. 59 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. 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 . 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. 60 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 Emergency Operations Assistant Chief or authorized representative ; or 2 . Prearranged overtime if the employee has twelve hours' or more notice . B . On 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 . C . 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 . 61 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 . 62 ARTICLE 32 MILEAGE ALLOWANCE 32 . 01 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. 63 ARTICLE 33 INCENTIVE PAY 33 . 01 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. 64 ARTICLE 34 . SALARIES 34.01 3% COLA EFFECTIVE 10/7105 A B C D E L10 L15 Z-01 $ 11 . 3918 $ 11 . 9686 $ 12 . 5969 $ 13. 1840 $ 13. 8741 $ 14. 5642 $ 15 . 2955 $23,694 . 84 $24, 894. 74 $26 , 201 . 50 $27 ,422. 72 $28 , 858. 18 $30, 293 . 64 $31 , 814.64 Z-02 $ 11 . 9686 $ 12. 5969 $ 13. 1840 $ 13. 8741 $ 14. 5230 $15.2646 $ 16 . 0268 $24, 894. 74 $267201 . 50 $27, 422. 72 $28, 858. 18 $30,207. 84 $312750.42 $33 , 335.64 Z-2A $ 19340. 52 $ 1 ,407 . 54 $ 1 , 477. 93 $ 1 , 551 . 83 $ 12629.41 $ 1 , 710. 88 $ 1 , 796 .42 $342853. 52 $36, 596. 04 $38, 426 . 18 $40, 347. 58 $42, 364.66 $44,482 . 88 $469706. 92 Z-03 $ 1 ,407. 54 $ 1 ,477. 93 $ 1 , 551 . 83 $ 1 ,629.41 $ 1 , 710.89 $ 19796.44 $ 12886 .27 $36, 596. 04 $38 ,426 . 18 $40, 347. 58 $42, 364.66 $442483. 14 $462707.44 $49 , 043 . 02 Z-04 $ 13. 1840 $ 13. 8741 $ 14 . 5230 $ 15 .2543 $ 16 . 0268 $ 16 . 8199 $ 17.6645 $27,422. 72 $285858.18 $30, 207. 84 $31, 728. 84 $33, 335 . 64 $34 , 985. 34 $36 , 742 . 16 Z-05 $ 1 ,551 . 83 $ 1 , 629.41 $ 1 , 710.89 $1 , 796.44 $1 ,886. 27 $1 , 980. 58 $2 , 079 ,60 $40, 347. 58 $425364.66 $445483 . 14 $46 , 707.44 $495043.02 $51 ,495. 08 $54, 069 . 60 POSITION TITLE Z-01 Paramedic I (S) Z-02 Paramedic II (S) Z-2A EMS Training Officer I (D) Z-03 EMS Training Officer ll (D)' Z-04 Senior Paramedic (S) Z-05 Senior EMS Training Officer (D) (S) denotes shift position (D) denotes day position A. Effective October 7 , 2005; employees who are members of the bargaining unit on the date of ratification of this Agreement by both parties shall receive salaries in accordance with the following Fiscal 65 Year 2005-2006 Pay Plan , which shall represent an annualized 3 % increase over the Fiscal Year 2004-2005 Pay Plan . B . All new hires will be placed in Step A of the appropriate job grade . Employees will move to the next step of the appropriate job grade annually on the pay period following their anniversary date contingent upon receipt of an overall performance review rating of at least "meets standards" on their last performance review. Any step moves after the expiration of this Agreement shall be subject to collective bargaining . C . After completing ten ( 10) years of service the employee shall be placed in Step L10 on the first day of the pay period following the anniversary. D . After completing fifteen ( 15) years of service the employee shall be placed in Step L15 on the first day of the pay period following the anniversary. E . For Fiscal Year 2005-2006 only, bargaining unit employees who are not eligible for a Fiscal Year 2005-2006 step increase shall receive a lump sum amount of $800 not added to their base effective the beginning of the second pay period after ratification of this Agreement by both parties . 66 ARTICLE 35 DOCUMENTS 35 . 01 The County agrees to provide one copy of each of the following documents to the Union without charge : A. Proposed budget, and final budget for the County and Budget changes and amendments for the department. B . Year end financial statement for the Department. C . Administrative orders , regulations and personnel policies relating to bargaining unit employees . D . Revisions to the . Department Rules and Regulations Manual and Standard Operating Procedures . 35 . 02 The County agrees to provide a copy of the Department Rules and Regulations and Standard Operating Procedures , with all revisions thereto , to each station . 67 ARTICLE 36 EQUAL EMPLOYMENT POLICIES 36 . 01 It is the continuingpolicy 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 . 68 ARTICLE 37 DURATION AND RENEWAL 37 . 01 This agreement shall be in full force and effect from the date of ratification of the Agreement by both parties through September 30 , 2006 , except that the wage increase in Article 34 (A) and the provisions of Article 27 shall be effective October 7 , 2005 . 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 69 respect to any matter referred to or covered in this agreement, or with respect to any subject or matter not specifically referred to or covered by this agreement. This contracCrepresents the entire agreement between the parties and no other agre ments or- practices are binding upon either party hereto with respect to wages, hours_or working conditions of the employees covered hereby. 70 SIGNATURE PAGE TE"ERSLOCALION NO . 769 ^INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT B dheeler , Vice Chairman Board of County Commissioners Date Joseph/A:. Baird Administrator of the Emergency Services District 4 Witness June 13 , 2006 Date Ratified by the Union on the day of J X111 2006 Confir ed by; siness Repre ntative EMSContractFinal Version2005-06 71 Attachment A Indian River County, Florida Emergency Services District Sixty (60) Day Notice of Drug-Free Workplace Program For Teamsters Local 769 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 risksand 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 will 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 . 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- Free 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 circumstances (i .e . , for cause , fitness for duty and post accident), will be subject to alcohol and drug testing . A complete copy of the District's Drug-Free Workplace Program will be provided to each employee and applicant in advance of the program's commencement date . 1 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 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 562-2028 , or the EMS Chief at 567- 3160 . We would like to have the opportunity to answer any questions anyone might have prior 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 her 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 . osep Baird , County Administrator V 2 Policy Statement To ensure a workplace free from the influence of illegal drugs and alcohol abuse , the following 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 and/or abuse . The District recognizes that alcohol and drug dependency require medical supervision and treatment if there is to be successful rehabilitation . The Districtos 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 or her work . Accordingly: This policy satisfies the requirements of the Florida Drug- Free Workplace Program , as provided in Section 440 . 101 , et sec., 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. 3 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 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. 3 . 0 Prohibition of Possession , etc. 3 .1 The unlawful manufacture , distribution , dispensation , possess, sale , or use of any drug or un prescribed , controlled substances and/or unauthorized possession or usage of alcohol by employees while 4 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 levels defined herein will be presumed to be under the influence of alcohol and in violation of District Policy. 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 . 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 5 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. 7 . 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 five (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 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 (5) 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 (30) 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 . 6 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 . 9 . 3 An employee's decision to seek . assistance or referral from the Emergency Services Director, or his or her designee , prior to an incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding . 9 .4 The District has no interest in restricting social drinking outside of working hours and no intent to intrude upon private or personal lives of employees . The District is concerned only when the employee's health , job performance, and safety conditions are adversely affected . 9 . 5 Upon successful completion of a drug treatment program an employee may be released to resume work but will be subject to drug testing as provided for in Section 6 . 1 . 9 . 6 An employee's participation in an alcohol or drug treatment program will not be made part of any personnel records and will remain confidential except to the extent necessary to comply with this Policy and to the extent permitted by law. Medical and insurance records , if any, will be preserved in the same confidential manner as all other medical records . The Emergency Services Director, or his . or her designee , will maintain treatment recommendation records and compliance records . 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 : Bradman/UniPsych Companies 7777 Davie Road Extension Suite 302 Hollywood , Florida 33024 (800) 272-3626 (954) 704-8686 . 7 Substance Abuse Council 2001 9th Avenue Vero Beach , FL 32960 770-4811 Center for Emotional and Behavioral Health at Indian River Memorial Hospital 1190 37th Street Vero Beach , FL 32960 563-4666 Community Oriented Police Enforcement (COPE) 4055 41 st Avenue Vero Beach , FL 32960 569-6700 C . O . R . E . Program 1422 Old Dixie Highway Vero Beach , FL 32960 567- 1282 Drugs Are Not the Answer (DANTA; Inc. ) 4145 28th Avenue Gifford , FL 32967 770-4663 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 8 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 -800-621 -4000 National Sexually Transmitted Diseases Hotline 1 -800-227-8922 Suicide and Rape 24-Hour Emergency Services 1 -800-333-4444 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 Disorders 1 -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 . 11 . 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 9 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 to warrant the testing . A copy of this documentation shall be given to the employee prior to testing . 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 and/or program , the employee will be subject to discipline , up to and including termination of employment. 12 .4 Reserved 13 . 0 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 inidentifying personal and emotional problems which may result in the, misuse of alcohol or drugs ; and 10 (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 organization 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 . 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 applicable administrative regulations , the District will test for the 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 and/or alcohol test before beginning employment or work with the District . 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 . 11 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 Emergency Services Director, at his discretion , may allow the employee an opportunity for rehabilitation through a last-chance agreement. . Any such last-chance agreement shall include a provision for random drug testing for two (2) years from the date of the agreement, and successful completion of any treatment program recommended by ahealthcare professional. The employee shall be responsible, through his insurance or otherwise , for the cost of the random testing and treatment program . Under 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 MRO , the MRO shall report a positive test result back 12 to the employer. The drug test result may be contested pursuant to law or to rules adopted by the AHCA. 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 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 : I . 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 ; 8 . Opiates ; 9 . Barbiturates ; 10 . Benzodiazepines ;. 11 . Synthetic narcotics (Methadone and Propoxyphene) ; 12 . ( Intentionally left blank) 13 . A metabolite of any of the substances listed herein . 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 gl/dl% Amphetamines 1 , 000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml 13 Synthetic Narcotics Methadone 300 ng/ml Propoxyphene 300 ng/nil 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 1150 ng/ml *Testing 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 . 0 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 . 0 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 job 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 14 compelled . The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file . 24 . 0 Challenge of Test Results of Drug Test Under Florida Law 24 . 1 An employee or job applicant who receives a positive confirmed test result may challenge the result by requesting retesting at the employee's expense . 25 . 0 Medical Review Officer's Responsibilities for Testing Under Florida Law 25 . 1 The Medical Review Officer (MRO) shall fully comply with all of the requirements set forth in Rule 59A-24 . 008 Florida Administrative Code , as it may from time to time be amended . The MRO shall be a licensed physician who has knowledge of substance abuse disorders , laboratory testing procedures , chain of custody collection procedures , and medical use of prescription drugs and pharmacology and toxicology of illicit drugs . 15 Indian River County Emergency Services District Over-the-Counter and Prescription Drugs Which Could Alter Or Affect the Outcome of a Drug Test Alcohol All liquid medications containing ethyl alcohol (ethanol) . Please read the label for alcohol content. As an example, Vick' s NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26 . 9% (54 proof) . Amphetamines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex Cannabinoids Marinol (Dronabinol, THC) Cocaine Cocaine HCL topical solution (Roxanne) Phencyclidine Not legal by prescription Methaqualone Not legal by prescription Opiates Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan; Vicodin, etc. Barbiturates Phenobarbital, Tuinal , Amytal, Nembutal, Seconal; Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. Benzodiazepines Ativan, Azene, Clonopin, Dalmane; Diazepam, Librium; Xanax, Serax; Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax Methadone Dolophine, Methadose Propoxyphene Darvocet, Darvon N, Dolene, etc. 16 Indian River County Emergency Services District List of Drugs by Trade or Common Name Drugs Trade or Common Names Narcotics Opium Dover' s Powder, Paregoric, Parepectolin Morphone Morphine, Pectoral Syrup Codeine Tylenol . with Codeine, Empirin Compound with Codeine, Robitussin A-C Heroin Diacetyhnorphone, Horse, Smack Hydromorphine Dilaudid Meperidine (Pethidine) Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics LAAM, Leritine, Numorphan, Percodan, Tussionex, Fentanyl, Darvon, Talwin, Lomotil Depressants Chloral Hydrate Noctec, Somnos Barbiturates Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate Benzodiazepines Ativan, Azene, Clonopin, Dalmane; Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar; Pacidyl, Valmid Stimulants Cocaine Coke, Flake, Snow, Crack Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Phenmetrazine Preludin Methylphenidate Ritalin Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre-Sate, Sanorex, Tenuate, Tepanil, Voranil Hallucinogens LSD Acid, Microdot Mescaline and Peyote Mese, Buttons, Cactus Amphetamine Variants 2,5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB Phencyclidine • PDP, Angel Dust, Hog Phencyclidine Analogs PCE, PCP, TCP Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin 17 Cannabis Marijuana Pot, Acapulco Gold, Grass, Reefer, Sinsemilla, Thai Sticks Tetrahydrocannabinol THC Hashish Hash Hashish Oil Hash Oil Definitions I Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt beverage or an intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug. Thus, any reference to drugs and/or drug testing includes alcohol and/or alcohol testing. 2 . Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a hallucinogen (as earlier identified in Section 21 . 1 ), methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, or a metabolite of any of the substances listed in this policy . An employer may test an individual for any or all of such drugs. 3 . Job Applicant means a person who has applied for a special-risk or safety-sensitive position with the Employer. 4 . Employee means an individual who works for the Employer on a full-time or part-time basis and receives salary, wages, or compensation. 5 . Drug Test. a. "Drug test' means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services (HHS) or licensed by the Agency for Health Care Administration (AHCA), for the purpose of determining the presence or absence of a drug or its metabolites . ` b . Drug testing may require the collection of blood, urine, breath, or saliva of an employee or job applicant. The Employer has the right to use more accurate, scientifically accepted methods which may be approved in the future by the FDA or AHCA as such technology becomes available in a cost-effective method. C. "Initial drug test' means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens, using an immunoassay . procedure or an equivalent, or a more accurate scientifically accepted method approved by the FDA or AHCA as such more accurate technology becomes available in a cost-effective form. d. "Chain of custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, and storing specimens and reporting test results. 1 .8 e . "Confirmation test" means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 6 . Positive Confirmed Test or Confirmation Test means a second analytical procedure which confirms a positive result from an initial drug test in accordance with with the Florida Drug-Free Workplace. 7 . Medical Review Officer (MRO) means a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures, who is responsible for receiving and reviewing all positive confirmed test results, and who is responsible for contacting all individuals who tested positive in a confirmation test to inquire about possible medications which could have caused a positive result in accordance with Rule 59A-24 .008, FAC. 8 . Prescription or Non-Prescription Medication means a medication obtained pursuant to a prescription as defined by Section 893 . 02, FS , or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries . 9 . Reasonable Suspicion Drug Testing means drug testing based on a belief that an employee is using or has used drugs in violation of this policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug. b . Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with drug test during his employment with the current employer. e. Information that an employee has caused, or contributed to, an accident while at work. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer' s premises or while operating the employer' s vehicle, machinery, or equipment. 10 . Safety-Sensitive Position means, with respect to a public employer, a position in which a drug impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations, or work with controlled substances; a position subject to s. 110 . 1127; or a position in which a momentary lapse in attention could result in injury or death to another person, such as driving a vehicle or operating equipment or heavy machinery . 19 11 . Special-Risk Position - means, with respect to a public employer, a position that is required to be filled by a person who is certified under Chapter 633 or Chapter 943 . 12. Specimen means urine, blood or saliva, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the FDA or the AHCA. 13 . Emergency Services Director' s designee means the Emergency Operations Assistant Chief is designated to act on behalf of the Emergency Services Director as relates to the Drug-Free Workplace Program, to the extent authorized by the Director. EMS Drug-free Workplace Policy6-5-06 20