The URL can be used to link to this page

Home My WebLink About2004-236 0� du 23 FIRE CONTRACT COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION , LOCAL 2201 , I . A . F . F . AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT OCTOBER 11 2004 - SEPTEMBER 30 , 2005 JF TABLE OF CONTENTS e Page ARTICLE1 AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE2 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 MAINTENANCE OF STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 4 CONTRACT APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE5 SEPARABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE6 UNION ACTIVITY . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 -6 ARTICLE 7 PAYROLL DEDUCTION OF DUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7 ARTICLE8 BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 9 RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7- 8 RIGHT ARTICLE 10 MANAGEMENT RI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8- 10 ARTICLE 11 NO STRIKE CLAUSE . , . . . . 0090 , 64000 " 6 * 6969 1042 ARTICLE 12 GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12- 15 ARTICLE13 ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 16 ARTICLE 14 UNIFORMS AND EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1647 ARTICLE 15 SAFETY AND HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18- 19 ARTICLE16 HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE17 STAFFING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 18 VACANCIES AND PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-21 ARTICLE 19 SHIFT EXCHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 -22 ARTICLE 20 SUBSTITUTE EMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 i 1 e TABLE OF CONTENTS (CONTINUED) Page ARTICLE 21 WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-23 ARTICLE22 TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 23 PERSONNEL REDUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 -24 ARTICLE 24 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE25 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 -26 ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-30 ARTICLE 27 INSURANCE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-31 ARTICLE28 ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 -32 ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-33 ARTICLE 30 OVERTIME, STANDBY AND COURT DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 - 37 ARTICLE 31 CALL-OUT AND PREARRANGED OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . 37-38 ARTICLE 32 MILEAGE ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38- 39 ARTICLE33 INCENTIVE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-40 ARTICLE34 SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 -42 ARTICLE35 DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE 36 EQUAL EMPLOYMENT POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 -44 ARTICLE 37 DURATION AND RENEWAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 SIGNATUREPAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 ATTACHMENT A - DRUG FREE WORKPLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -20 I I r J ARTICLE 1 AGREEMENT 1 . 01 This agreement is entered into between the Indian River County Emergency Services District, hereinafter referred to as the Employer, the County, the Fire District, the District, the Fire Department or the Department ; and the Indian River County Firefighters/Paramedics Association, Local 2201 , I .A.F.F . , hereinafter referred to as the bargaining unit or Union. 1 . 02 The parties realize that Indian River 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, that action may be performed by a properly authorized deputy or designee. 1 . 04 Whenever the words "he " , "him" , or "his" are used the words shall be interpreted as including the words " she" , "her" , or "hers" . ARTICLE 2 RECOGNITION 2 . 01 Pursuant to Chapter 447, Florida. Statutes, the County recognizes the Union as the exclusive bargaining agent for all employees of the County in the following classifications : Firefighter Trainee, Firefighter, Firefighter EMT, Driver/Engineer, Inspector, Training Officer, Fire Investigator, Lieutenant, and Captain. 2. 02 The Union and the County reserves the right to file with P.E . R. C . for a clarification of the bargaining unit at any time. 3 ARTICLE 3 MAINTENANCE OF STANDARDS 3 . 01 The Employer will not unilaterally change employees' wages, hours, or working conditions established by this agreement or working conditions known to management which existed prior to this agreement. 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, ordinances and resolutions of the District and the Department of Emergency Services regulations. ARTICLE 5 SEPARABILITY 5 .01 The parties hereto agree that should any article, section or paragraph of this agreement be declared by a court of competent and final jurisdiction in the premises 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 Employer and the Union shall meet immediately to negotiate a replacement article. 4 I I ARTICLE 6 UNION ACTIVITY 6. 01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non-membership, participation, or non- participation in any Union or organization. 6. 02 The Union President or Secretary, or alternate, shall be allowed up to three (3) 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 standby arrangement has been provided. 6 . 03 The Fair Chairman shall be allowed up to ten ( 10) calendar days off during the Fire Fighters' County Fair. Such time off shall be authorized at the discretion of the Fire Chief. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. 6. 04 Up to three (3 ) members of the Union's Executive Board shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union' s Executive Board shall be composed of the Union President, First and Second Vice Presidents, Secretary and Treasurer and their alternate. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. 6 . 05 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor-Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Fire Chief. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires the 5 attendance of the Director of Emergency Services at any Labor-Management Committee meeting . 6 . 06 This Labor-Management Committee shall meet upon request of either party, and such meetings may be held during working hours as scheduled by the Fire Chief. 6 . 07 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6 . 08 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other parry no later than three (3 ) days prior to the meeting. ARTICLE 7 PAYROLL DEDUCTION OF DUES 7. 01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodically certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 7 . 02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check-offofunion dues, fees, or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part on any check-off of union dues, fees or assessments. The Union shall defend the said claim, action, 6 t suit, or proceeding at its own cost and without expense to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or fraudulent . 7 . 03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check-off deduction beginning with the month in which such change in employee status occurs. 7 .04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty (3 0) day written notice by the Union to the Employer. 7 . 05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for violation of this agreement. ARTICLE 8 BULLETIN BOARDS 8 . 01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. ARTICLE 9 RULES AND REGULATIONS 9. 01 Employees shall observe the District Personnel Rules and Regulations and Standard Operating Procedures, except that the disciplinary action appeals procedures contained in Sections 18.04 C (2)-(4) and 18 . 05 , third paragraph forward, of the District Personnel Rules and Regulations shall not apply to bargaining unit employees. Failure of employees to comply with these rules 7 and procedures 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 Emergency Services Department, and any changes in the District Personnel Rules and Regulations or the District Standard Operating Procedures, except in the case of any emergency, shall be posted on all bulletin boards at least two (2) weeks prior to their effective date. If the Union disagrees with a new rule or procedure, it may request a meeting with the Fire 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 or appeal has been resolved. 9 . 04 It shall be the Employer'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 ARTICLE 10 MANAGEMENT RIGHTS 10 . 01 RESERVATION OF RIGHTS The Employer reserves all rights, powers and authority customarily exercised by management under current Florida State Statutes except as otherwise specifically delegated or modified by express provisions of this agreement . 10 . 02 PRIOR RIGHTS Prior to the time when the Union became the representatives of the employees covered by this agreement, the Employer had no dealings with these employees of the entity then called the s City of Vero Beach Fire Department. However, it is the intention of the parties heretofore, ' that the Employer obtain each and every right and privilege that is enjoyed by public employers bounded and limited by Florida Laws and the Laws of the United States. By this agreement, the Union and the Employer have agreed to certain limitations on those rights by express and specific terms of this agreement . 10 . 03 It is agreed that the management of the Employer and the managers of the Emergency Services District 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 Agreements, the Employer 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 and functions which the Employer has not expressly modified or restricted by a specific provision of the Agreement are retained and vested exclusively in the District. Such rights exclusively reserved to the Employer shall include the right to determine the qualifications for and 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; and the amount and type of work needed; to engage in experimental and developmental projects; to establish new jobs, abolish or change existing jobs; and 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 9 job, job classification, department or operation for business purposes; to institute, modify or terminate any bonus or work incentive plan; to control and regulate or discontinue the use of supplies, machinery, equipment, vehicles and other property owned, used, possessed or leased by the Employer; 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 fire fighting, 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 Employer'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, nor preclude the Employer from exercising the same in some other way not in conflict with the express provisions of the 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. Past practices of the District or Department shall not be considered for the purpose limiting the rights, responsibilities or prerogatives of management, nor for the purpose of enlarging upon the specific and express limitations on management which are contained in this agreement. 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 Employer. 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 employer or customer facilities or premises in 10 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 Employer shall have the right to : A. Discharge not only the instigators of the strike, but the participants as well, or any of them, at the discretion of the Employer. Allowing employees to work or return to work shall not be considered condonation of their activity in violation of the article. Be 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 here from, including the costs of suits, attorney's fees for litigation and negotiations, settlements, security costs, and other costs directly or indirectly attributable to such violation as determined by the P .E.R. C . , Circuit or District Court, in determining the amount of damages to be awarded, if any, the Commission or trier of fact shall take into consideration any action or inaction by the public employer that provoked or tended to provoke the strike by the public employees. 11 11 . 04 It is further agreed that the providing of fire protection services by the Employer is extremely vital to the health, welfare, and safety ofthe citizens ofthe District and any interference with such services is in violation of this article and would constitute a threat of imminent danger to said citizens and possible irreparable harm. The parties agree that should the Union, its members, persons acting in the Union's behalf, agents, employees, representatives, or officers acting in the Union's behalf violate this article not to strike, which would also violate the Constitution of the State of Florida and the Florida Statutes, or picket in furtherance of a work stoppage or violate this clause in any other manner, and said action would cause the District irreparable injury or damage, and the Employer 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 Employer's premises, or at any other place, shall be in violation of this article and subject to layoff or discharge at the discretion ofthe Employer. Such action shall be a violation ofthis article, regardless ofwhich labor organization is conducting the strike, work stoppage, picketing or labor dispute . 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: 12 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. Be 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 a copy to the union of it is not the grievant, and shall be dated and signed by the County' s representative at that step. C. When a written grievance is presented, the County' s representative shall return a dated and signed copy of it at that particular step. D . A grievance not advanced to the higher step within the time limit provided herein shall be deemed permanently withdrawn and as having been settled on the basis 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. 13 4 STEPS FOR GRIEVANCE PROCESSING If a grievance arises, the grievant must meet with and discuss the grievance with the Battalion Chief in charge of the shift within ten working days 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 working days 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 Fire Chief. The Fire Chief shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Fire Chief shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. 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 working days from the date of the decision at Step 1 to the Emergency Services Director. The Emergency Services Director shall meet with the grievant, which a union steward or a union representative may accompany if the union is not the grievant. The Emergency Services Director shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working days from the date the grievance was presented to him. 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 working days from the date of the decision at Step 2 to the County Administrator or his designee . The County Administrator (or his designee who is authorized to resolve the issue) shall meet with the grievant, which a union steward or a union representative may accompany ifthe union is not the grievant. The County Administrator shall reach a decision and communicate it in writing to the grievant with a copy to the union if it is not the grievant within ten working 14 J l days from the date the grievance was presented to him. If the grievance is not satisfactorily resolved, the grievant may forward the grievance to arbitration. 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 days of the time 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 parry 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 ofthe 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 ofpost-hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. The arbitrator' s decision shall be final and binding on the parties subject to any review allowed by 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 15 otherwise alter or supplement this agreement . The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration or which is not a grievance as defined in this agreement; and may not interpret this agreement in a manner inconsistent with the County' s management rights. This Agreement may not be construed by the arbitrator to supersede applicable state or federal laws, except to the extent as specifically provided herein. 13 . 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 aggrieved employee, such back pay shall be offset by interim earnings, including unemployment compensation. 13 . 05 The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of the bargaining unit members. ARTICLE 14 UNIFORMS AND EQUIPMENT 14. 01 The Employer will allot sufficient funds per employee per year for trousers, shirts, t-shirts, short-sleeve and long- sleeve polo shirts, shoes, hats, windbreakers, winter jackets, jumpsuits, cap, badge and name plate. 14. 02 The Employer will provide protective clothing and devices; bunker coat and bunker pants made ofNomex or similar material, boots, helmets, shatter-resistant face shield, gloves, safety glasses for welding and metal cutting, and any other safety equipment deemed necessary by management . Whenever practical, replacement will be made on the said employee's scheduled shift. 16 14. 03 The Employer will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14 . 04 For combat personnel only, the following station/work uniform policy will apply: A. Class A dress shirts will be worn to and from work as well as any planned out- of-station activity, i. e. , in-service inspections, public assembly, running errands, or when station tours are scheduled . B . Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in-station projects, cleaning, and also on emergency calls that arise during the duty day. C . Blue T-shirts will be worn during any physical fitness training or training requiring physical exertion D . When necessary, the station officer will have the discretion to alter the application of Sections A, B, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14. 05 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200. 00) and up to One Hundred Dollars ($ 100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Fire Chief. 14 . 06 The Employer shall provide a heavy duty washer at one station. 17 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 as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15 . 02 It is recognized and agreed by the County and the Union that the County is obligated to provide new and improved safety equipment and to utilize modern technology and methods to meet the objectives and functions of the Fire Division within budgetary limitations. 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 Fire Chief or designee may meet at the request of either party to discuss new safety methods, equipment, and technology. 15 . 04 The County agrees to comply with Section 112 . 18 , Florida Statutes (Special provisions relative to disability) and Section 112 . 181 , Florida Statutes ( 1997) (special provisions relative to certain communicable diseases) . 15 . 05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1 , 2000, shall abstain, both on and off duty, form the use of tobacco products. 15 . 06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol. 15 . 07 The County shall provide immunizations for all employees who want to be immunized as follows : Flu, Tetanus (every ten ( 10) years), and Hepatitis - (Type A and B) (every five (5) years) . The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 18 15 . 08 The Employer agrees to provide as a nLmunum an annual physical for each employee. This physical shall include the same testing as is done for newly-hired employees, except that chest x-rays need not be given more than every three (3 ) years. At the option of the employee, and with one week's notice to the Employer, spirometric testing may be substituted for the chest x-ray. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director, Fire Chief, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15 .09 The County and the Union agree to the Drug-Free Workplace Program attached as Attachment A. ARTICLE 16 HOURS 16 . 01 Non-shift employees shall normally be assigned to a 37 '/i hour work week and shall be paid time-and-one-half for all hours worked in excess of 40 hours in their work week. Shift employees shall be assigned to a schedule of 24 hours on duty followed by 48 hours off duty, and a shall be paid time-and-one-half for all hours worked in excess of 212 hours in their 28- day FLSA work period. Overtime shall be calculated in accordance with current practice. 16. 02 All shift employees will be granted three (3 ) "Kelly Days" to be scheduled in such a way that one ( 1 ) "Kelly Day' is allowed each four (4) months ofthe fiscal year. Such time off shall be scheduled. 16. 03 Overtime payment shall be made in the first paycheck after the conclusion of the 28 day cycle for shift employees. 19 ARTICLE 17 STAFFING 17 . 01 The Employer will maintain four (4) professional firefighters and intends to maintain five (5) professional firefighters at the Central Station and not fewer than three (3 ) professional firefighters at each sub-station during each shift. The Employer agrees with the Union that having three firefighters on a pumper would be preferable to having two firefighters on a pumper. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under minimum staffing for more than four (4) hours. 17. 02 As a general rule, four employees per shift may be granted leave and one employee per shift may be granted a Kelly day by the Fire Chief. Any additional employee leave may be granted only with special approval of the Fire Chief and the Director. 17 . 03 There shall be no fewer than two (2) E . M.T. Is per shift assigned to each station. There will be no fewer than one ( 1 ) Certified E . M.T . on duty at all time, per station, per shift . ARTICLE 18 VACANCIES AND PROMOTIONS 18 .01 When a permanent vacancy occurs in any bargaining unit position, such vacancy shall be filled as soon as possible with a qualified person in the judgment of the Fire Chief, or his or her designee, unless the District exercises its managerial prerogative (subject to any right the Union has under the law to negotiate) to abolish or reclassify the position. Filling of all vacancies shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18 . 02 The Promotion Board shall be composed of the Fire Chief, Bureau Chief, three (3 ) Battalion Chiefs, three (3 ) Captains, and one ( 1 ) member of the Union who will be elected by the bargaining unit. The Promotion Board shall rank the candidates, and forward the top three ranked candidates to the Emergency Services Director , based upon the following factors: job performance, examination scores, working out of classification, disciplinary record, college 20 degrees, educational courses, training, certification, 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. 18 . 03 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee' s job. The appraisal form shall be developed by the Employer and 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 one year. If an employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. Ifthe employee ' s former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights . ARTICLE 19 SHIFT EXCHANGE 19. 01 Employees may exchange shifts when the change does not interfere with the operations ofthe Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his or her representative. Chit forms shall be used for this purpose . 21 19 . 02 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. ARTICLE 20 SUBSTITUTE EMPLOYMENT 20 . 01 The Employer agrees not to use, assign or detail members of the bargaining unit as substitute employees to perform non-firefighting duties except where lives or property are in imminent danger. 20 . 02 Furthermore, the Employer agrees to use members of the Vero Beach Volunteer Fire Department as supplements to the Department only and will not replace a professional firefighter with a volunteer firefighter. ARTICLE 21 WORKING OUT OF CLASSIFICATION 21 . 01 An employee required to work temporarily at a rank higher shall receive $25 . 00 per day ($50 . 00 per shift) for the period of time the employee worked out of classification. To qualify for temporary relief pay, the employee must work in a higher classification for a minimum of three (3) hours. Only those qualified employees who have completed their probationary period will be utilized while filling a vacancy in a higher classification. Employees having completed six (6) months of their promotional probationary period may work out of classification if qualified by the Promotion Board. 21 . 02 On 10- 1 -03 the amount paid for working out of class will be increased to $30 . 00 per day ($60 . 00 per shift) . 21 . 03 As of 9-30-01 , no other article of this agreement and/or the Department Rules and Regulations and/or any practice, etc. , shall be applicable to this article as written above. Any 22 NO iiiiiiiiii NO III III I • R other contradictory language or practice shall be superseded by the above. Employees will be required to work out of classification when directed by the department . (The Department will first choose employees on a promotional list, then employees who plan to test and become eligible for a promotion, then employees who have worked out of class and are considered qualified, and, finally, employees who have not worked up but are considered qualified by the Department.) ARTICLE 22 TRANSFERS 22 . 01 Employees may transfer between combat, fire prevention, and training, rank to rank, if a vacancy exists, provided the employee has the minimum qualifications for the position. In such a case, the employee shall be paid at the same pay step in the day shift pay plan commensurate with the position to which the employee has been transferred. In the event of a vacancy in a non-shift position, combat employees shall be given first right to transfer to the non-shift position before new employees are hired. ARTICLE 23 PERSONNEL REDUCTION 23 . 01 If a personnel reduction is necessary, the Employer 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. Other factors being equal in the Fire Chiefs judgment, seniority, as defined above, shall prevail. Laid-off employees shall be given preference before new employees are hired for future vacancies in the Fire Department, however, the laid-off employee must meet the basic qualifications for the job vacancy in the judgment of the Fire Chief, and be recalled within two (2) years of the employee's lay-off date. 23 s , 23 .02 Laid-off employees shall retain seniority in the Fire Department for a period of two (2) years after lay-off. If a lay-off goes beyond one ( 1 ) year, the Employer will be obligated to recertify the employee with the State Minimum Standard Course with no cost to the employee. 23 . 03 An employee shall lose seniority if the employee voluntarily quits or is discharged for cause, V mmediately upon the employee's last day in a work status. An employee shall be considered a voluntary quit if the employee is absent three (3) consecutive duty shifts without prior approval from, or notification to , the Fire Chief or his or her designated representative. ARTICLE 24 BEREAVEMENT LEAVE 24. 01 Regular full time bargaining unit employees covered by this agreement shall be granted up to one and one-half ( 11 /2) shifts of leave with pay if services are in state and two shifts if out of state for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. 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 mi Law, Daughter-in-Law, Sister-in Law, Brother-in-Law, Step-brother, Step-sister, or Legal Guardian ofthe bargaining unit employee. 24 . 03 Employees may be required to provide documentation supporting their request for bereavement leave. 24 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. Good Friday 3 . Memorial Day 4. Independence Day 5 . Labor Day 6. Veteran's Day 7 . Thanksgiving Day 8. Friday after Thanksgiving Day 90 Last working day before. Christmas 10 . Christmas Day 25 . 02 Non shift employees shall be given time off with lay for the above holidays. If a non shift employee works the holiday, the employee shall be paid the overtime raze at time and one-half for the time worked. 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 Fire Chief. Be All such. time must be earned before it is used. CO Time off must be taken within the confines of each pay period. D . This may occur for a maximum of five (5) holidays in one fiscal year. E . Notification of this request must be made in writing at least seventy-two (72) hours prior to the end of the applicable pay period. Lack of such written 25 notice means the employee will be paid in cash and his or her 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 Central Fire Station. 25 .04 Shift employees not required to work on a holiday will receive twelve ( 12) hours pay at their regular rate for the pay period within which each holiday falls. Shift employees who are required to work on a holiday shall receive twelve ( 12) hours of overtime pay, as holiday pay, in addition to their twenty-four (24) hours of regular pay. 25 . 05 An employee must be on active pay status, or approved leave on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday in order to qualify for the holiday time . 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 ( 1 ) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day ( 12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12-hour medical leave days . B . Medical leave may be taken as earned during the employee's probationary period. CO Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Fire Chief that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, 26 evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Fire Chief. 26. 02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen ( 15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ADDITIONAL MEDICAL LEAVE In deserving cases additional medical leave may be granted with the Fire Chiefs approval. 26 . 04 ACCRUAL Medical leave may be accumulated for a total of no more than one hundred ( 100) days at the employee's anniversary date. 26 . 05 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES : A. Personal injury, pregnancy or illness not connected with work. Be Medical, dental, optical or chiropractic examination or treatment. (Refer to "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 who lives permanently in the same domicile which requires the personal care and attention of the employee . No more than five (5 ) working days a year may be taken for this purpose without approval of the Fire Chief (see definition of immediate family in Article 24) . E. Events in accordance with the Family and Medical Leave Act of 1993 . 27 r 26 .06 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Fire 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 (24) hour basis must notify the department within the time limit established by the Fire Chief. Be In the event that an employee is suspected of abusing medical leave privileges, the Fire Chief shall request a physician's certificate to verify the illness. 26 . 07 CHARGING LEAVE A. Medical leave time shall be charged to the employee for the actual time the employee is away from work. Be Medical leave will be charged in not less than one ( 1 ) hour minimum period for time less than one ( 1 ) day. 26. 08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred ( 100) 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 ( 1 /2) such excess leave at the employee's regular hourly straight time pay. 26 . 09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Upon resignation or termination for cause of an employee from the Employer's services, all medical leave, current and accumulated, will be forfeited. Be Employees retiring in accordance with existing retirement plans or having died will receive 100% of the base rate of pay for medical leave days accumulated. 28 26 . 10 Disability leave with pay shall be provided by the Employer 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 . Be If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Fire Chief will make the employee ineligible for disability leave during the time involved. CO 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 (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, 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 he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E . No new medical leave shall be accumulated during the period an employee is off the job due to injury. 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 Fire Chief 29 F 26. 11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the Fire Chief and the union president. The Director's approval shall not be unreasonably withheld. ARTICLE 27 INSURANCE BENEFITS 27 . 01 A. Hospitalization, medical insurance, and retiree health insurance subsidy will be provided for all bargaining unit employees in the same manner and to the same extent as all other County employees. The County agrees to pay for the employee and the employee ' s dependent coverage, except that employees shall pay $ 167. 50 per month for dependent coverage commencing October 2004, Be The County agrees to bargain over the negotiable impacts, upon proper request, of any reduction in the amount or scope of coverage provided to employees and the family members. The County may, at its option, obtain coverage form a different carrier or provider, without being required to negotiate over the impacts with the Union, provided that the benefits remain similar. C. The County may, at its option, elect to have any future increase in the cost for dependent coverage absorbed by the employee, provided that employees under this contract shall be treated the same as the employees of Indian River County. D. If the cost of insurance payable by the employee is proposed to be increased by more than $35 . 00 during this contract, the Union has the right to negotiate over the increase, provided that written notice is given to the Fire Chief within ten ( 10) working days after notice of such proposed increase is given to the employees. 30 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. ARTICLE 28 ANNUAL LEAVE 28 .01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: L Eleven ( 11 ) working days vacation for shift employees and ten ( 10) working days vacation for non-shift employees shall be earned each year for the first five (5 ) years of continuous employment commencing with the anniversary date. 2 . Sixteen ( 16) working days vacation for shift employees and fifteen ( 15 ) working days vacation for non shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3 . For each additional year of continuous employment, an additional day of vacation shall be earned up to a maximum of twenty-one (2 1 ) days per year for shift employees and twenty (20) days per year for non shift employees: 31 CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON- SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28 . 02 Forty (40) days may be carried over from year to year; however, an employee shall not be allowed more than thirty (30) days annual leave in a one-half ( 1 /2) year period. 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, during the seniority months (November, February, May, August) . 28 . 05 Non-shift employees shall receive one ( 1 ) personal day to be used within each calendar year in accordance with the vacation policy. ARTICLE 29 LEAVE OF ABSENCE WITHOUT PAY 29 . 01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on its own merit. Any leave of absence for a period of thirty (30) days or more must have the approval of the Fire Chief. 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. 32 29 . 02 Any employee granted a leave of absence shall contact the Fire Chief at least two (2) 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 . 29 . 06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty (30) days. 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 computer-generated overtime list or graphical presentation posted biweekly by the supervisor in charge as a guide for such distribution. In compiling the biweekly posted overtime list, the following conditions will be adhered to : A. All assigned overtime hours worked by the employee will be included Mi 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 entered. 33 1 CO If an employee refuses overtime which the Employer 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 because of the position on the overtime list, the employee will not be charged as having refused the assignment if the employee cannot be contacted. D. If an employee is sick, or on vacation, or on excused absence, and is offered overtime but refuses it, the employee will not be charged for the overtime refused. This is not to be interpreted as meaning that an employee is not subject to call-back while on vacation. For distribution of overtime purposes an employee shall be considered on vacation from the time the employee finishes work on the last scheduled work day before going on vacation until the employee's scheduled starting time on the 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 to the public we serve. 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 STANDBY TIME A. In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain employees to standby duty. A standby duty assignment is made by the Fire Chief who requires an employee 34 to be available for work due to an urgent situation on off-duty time which may include nights, weekends, or holidays. Be The Department may seek volunteers whenever possible consistent with equitable distribution of standby time within a work area, classification, or shift, and consistent with skill and ability. In the event volunteers are not available, qualified employees will be required to take the assignment in order to maintain effective, proper and superior service to the community. C. In the event any employee who is officially on standby duty fails to respond to a call to work, the employee will be subject to disciplinary action. D . When called to work while officially designated as being on standby duty, the following will apply: 1 . All employees required to take standby duty shall be paid a minimum of one ( 1 ) hour at the straight time rate for each regular work day and three (3 ) hours at the straight time rate for Saturdays, Sundays and holidays. Time actually worked with a minimum of two (2) hours shall be paid for at the appropriate straight time rate in accordance with present practice, in addition to standby time and pay set forth above. However, in no event shall any employee be paid for more than twenty-four (24) hours in any twenty-four hour period, such periods to be defined as 7 : 30 a.m. to 7 : 30 a.m. 2 . The standby employee must remain available for communication by radio, phone or written message and have a county vehicle immediately available. 35 3 . Standby time away from work shall not count as hours "worked" for the purpose of computing overtime pay. 30. 03 RESERVED 30. 04 COURT LEAVE A. Employees attending court as a 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 for the hours they attend court. This time shall be charged as leave with pay. Remuneration paid by the court shall be turned over to the Employer. B . All permanent full-time employees subpoenaed to attend court onbehalfofthe Employer are eligible for leave with pay. Any remuneration shall be turned over to the Employer. C . Those employees who become witnesses, plaintiffs, or defendants in the matters unrelated to the Employer are not eligible for leave with pay. Employees who are parties against the County in any proceeding, or who appear without subpoena as witnesses for a party against the County in any proceeding are not eligible for leave with pay. D . Nonexempt employees who attend court representing the Employer 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 of being excused or released (other than for the night) by court . The 36 failure to so report will be cause for disciplinary action, including termination of employment. F. Employees who attend court on behalf of the County, 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, he or she 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 Employer. 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 ( 12) hours' notice by the Fire Chief or authorized representative; or 2 . Prearranged overtime if the employee has twelve ( 12) hours' or more notice. B. On a call-out, the employee shall be paid a minimum of three (3 ) hours at time and one-half as time actually worked, except that if the employee is called out before the employee's regular starting time and works through the employee's regular work period, then only time actually worked shall be allowed. 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 37 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 or at home in the case of standby troublemen. C. In the case of prearranged overtime, the employee shall be paid a minimum of four (4) hours at time and one-half as hours worked (except in the case of meetings, two (2) hours), except if the employee is required to report before the employee's regular starting time and works through the employee's regular work period or is required to continue after the employee's regular quitting time, then only time actually worked or spent in meetings shall be allowed. D . No employee will be called back to work during the employee's vacation period, unless an extreme emergency has been declared. 1 . An employee's vacation period will begin on the instant the employee finishes the last hour of regularly scheduled work. 2. An employee's vacation period will end on the first hour of the employee's scheduled return to work date. 3 . In the event an employee is called back from vacation out of town, the District will assume all costs involved in transporting the employee to and from the vacation site . 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, but in no event less than the rate of twenty-nine cents ($ . 29) per mile if the employee chooses to use the 38 employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. Ifthe employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District 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. ARTICLE 33 INCENTIVE PAY 33 . 01 All employees of the District who obtains a state certification as an Emergency Medical Technician shall receive forty-two dollars ($42 . 00) bi-weekly. 33 . 02 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($ 12 . 00) bi-weekly. 33 . 03 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($ 12 . 00) bi-weekly. 33 . 04 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($ 10 .00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee . Be The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief Deputy Fire Chief and two 39 (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie . This committee will establish criteria for sections 33 . 08 and 33 . 09. 33 . 05 An employee who is qualified and certified as a Paramedic may assume the duties of the E . M. S . Coordinator or Training Officer and shall receive a pay increase oftwenty-one dollars ($21 . 00) bi-weekly. There will be a maximum of four (4) E .M. S . Coordinators or Training Officers in the department . 33 .06 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($ 12 . 00) bi-weekly for that certification. 33 . 07 The incentives offered in this article (from 33 . 02 through 33 . 06) shall be available only for employees who have qualified for the particular incentives by March 24 , 1994 . 33 . 08 Four (4) Special Operations F . T. O . s per shift, total of 12 slots, shall receive twenty-one dollars ($21 . 00) biweekly. 33 . 09 Forty (40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive ten dollars ($ 10. 00) biweekly. Only one incentive per person. Effective 10- 1 -03 the $ 10 . 00 shall be increased to $ 12 . 00 biweekly. 33 . 10 Non-shift employees shall be eligible for one ( 1 ) pay increase of $21 . 00 biweekly (maximum of six individuals) when they become certified in one of the following areas : State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 40 ARTICLE 34 SALARIES 34. 01 A. Effective October 8 , 2004, all employees shall receive a 5% pay increase . Effective October 8 , 2004, Step L15 shall be amended by a 1 /2% increase. B . Non Certified new hires shall be placed in the firefighter trainee step for the probationary period. Upon completion of the probationary period the certified firefighter shall be placed in Step A of the firefighter range (0 ) . After initial placement in the pay plan, advancement from Step A to Step E shall commence on the first day of the pay period nearest to the anniversary date. C . Certified new hires shall be placed in Step A of the firefighters range (0 ) . After initial placement in the pay plan, advancement from Step A to Step E shall commence on the first day of the pay period nearest to the anniversary date. D . After completing ten ( 10) years of service the employee shall be placed in Step L 10 on the first day of the pay period nearest to the date of hire . E . After completing fifteen ( 15 ) years of service the employee shall be placed in Step L 15 on the first day of the pay period nearest to the date of hire . F . In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. 41 5 % ACROSS- THE- BOARD INCREASE EFFECTIVE 10/8/04 A B C D E L10 L15 X-01 Reserved X-02 $ 19097 , 09 Trainee $28 , 524 . 34 X- 03 $ 1 , 184 . 87 $ 1 , 244 . 09 $ 11306 . 31 $ 1 , 371 . 64 $ 1 ,440 . 20 $ 1 , 512 . 20 $ 1 , 611 . 77 Firefighter $30 , 806 . 62 $32 , 346 . 34 $33 , 964 . 06 $359662 .64 $37 ,445 .20 $ 391317 . 20 $419906 . 02 X-04 $ 1 ,436 . 94 $ 19508 . 80 $ 11584 . 23 $ 19663 .43 $ 19772 . 93 Driver/Engineer $ 37 , 360 . 44 $39 , 228 . 80 $41 , 189 . 98 $431249 . 18 $46 , 096 . 18 N X-05 $ 11508 . 80 $ 11584 . 23 $ 11663 .43 $ 1 , 746 . 60 $ 1 , 861 . 58 Inspector/TO/Invest $ 39 , 228 . 80 $41 , 189 . 98 $43 , 249 . 18 $45 ,411 .60 $481401 . 08 X-06 $ 11584 . 23 $ 1 , 663 .43 $ 1 , 746 . 60 $ 1 , 833 . 93 $ 1 , 954 . 67 Lieutenant $41 , 189 . 98 $43 , 249 . 18 $45 ,411 . 60 $472682 . 18 $509821 .42 X-07 $ 11663 .43 $ 1 , 746 . 60 $ 1 , 833 . 93 $ 1 , 925 .64 $2 , 052 . 40 Lieutenant Admin . $43 , 249 . 18 $45 ,411 .60 $47 , 682 . 18 $ 50 , 066 .64 $53 , 362 .40 X-08 $ 1 , 833 . 93 $ 1 , 925 . 64 $2 , 021 . 91 $2 , 155 . 02 Captain $479682 . 18 $ 50 , 066 . 64 $52 , 569 .66 $56 , 030 . 52 X-09 $ 1 , 925 . 64 $2 , 021 . 91 $2 , 123 . 02 $2 ,262 . 76 Captain Admin . $501066 . 64 $52 , 569 .66 $ 551198 . 52 $ 58 , 831 . 76 ARTICLE 35 DOCUMENTS 35 . 01 The Employer agrees to provide one ( 1 ) copy of each of the following documents to the Union without charge : A. Proposed budget, and final budget for the County. 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 Department Standard Operating Procedures. 35 . 02 The employer agrees to provide a copy of the Department Rules and Regulations and Department Standard Operating Procedures, with all revisions thereto , to each station. ARTICLE 36 EQUAL EMPLOYMENT POLICIES 36 . 01 It is the continuing policy ofthe District to promote the concepts of equal opportunity for all of its employees and applicants for employment. 36 . 02 The District will continue to recruit, hire, train, and promote on merit principles, persons in all job classifications without regard to race, color, religion, sex or national origin, except where sex is a bona fide occupational qualification. 36 . 03 Decisions on employment will be based on the principles of equal employment opportunity. 43 36. 04 All personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, sponsored training, education, social and recreational programs, will be administered without regard to race, color, religion, sex or national origin. ARTICLE 37 DURATION AND RENEWAL 37 . 01 This agreement shall be in full force and effect from October 1 , 2004, to September 30, 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 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37. 04 The Employer agrees that its operations, or any part thereof shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this agreement. 9 t 44 1 SIGNATURE PAGE INDIAN RIVER COUNTY FIREFIGHTERS/ INDIAN RIVER COUNTY PARAMEDICS ASSOCIATION, EMERGENCY SERVICES DISTRICT LOCAL 2201 , LA.F .F . Bruce Anderson Caroline Ginn, C President Board of County Commissioners Negotiating Committee Member BCC Approved : 10 - 12 - 2004 Wayne Schasane J A. rig .d'' � Negotiating Committee Memberator of tlb '� Emergency Services IfPstrict a obert VonBuelow Witness ` ' q -, Negotiating Committee Member Mark e Negotiating Committee Member DATE 1 ( 2o a DATE Rat' ed by the Union on the , day of k 2004 tedby Bruce Anderson President Fire Contract10-1-04thm9-30.05FINAL 45 Attachment A Indian River County, Florida Emergency Services District Sixty (60) Day Notice of Drug-Free Workplace Program For Local 2201 , IAFF Collective Bargaining Unit Employees The District is committed to maintain a safe, healthy, and productive work environment for its employees; to provide professional services for its citizens ; to maintain the integrity and security of its equipment and workplace ; and to perform all these functions in a fashion consistent with the interests and concerns of the community. The District believes that there is potential for serious consequences to your employment security, and our business, due to drug and alcohol use and/or abuse by employees, which has been shown to increase safety risks and absenteeism while decreasing productivity and quality. Pursuant to the District's philosophy and goals, it is codifying a Drug-Free Workplace Program to ensure that we 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. 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. 1 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 5674000, 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. &"�(MC J h A. Baird, Courdy Administrator 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 which 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 District' s desire and intent is to encourage any employee with alcohol or drug dependency to enter, voluntarily, a drug or alcohol rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance before any difficulties with drugs or alcohol affects 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 require 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 which 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 drags 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 . 1 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 refiises 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 working or when on any District property, including parking lots, are strictly prohibited. 4 4.0 Prohibition of Drag 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 period after completion of the program. Advance notice of a follow up testing date must not be given to the employee to be tested. 5 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. 7A 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. 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. 6 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. Treatment recommendation records and compliance records will be maintained by the Emergency Services Director, or his or her designee. 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) 7048686 7 1 I 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 41st Avenue Vero Beach, FL 32960 569-6700 C. O . R.E. Program 1422 Old Dixie Highway Vero Beach, FL 32960 5674282 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 Al-Anon 562- 1114 Alateen 562- 1114 Adult Children of Alcoholics 567-2253 Narcotics Anonymous 1400-281 -9889 Cocaine Anonymous 1400477-7675 8 National Hotline Numbers Alcohol and Drug Referral Hotline 1400-252-6454 Child's Help, National Child Abuse Hotline 14004224453 National AIDS Hotline 1400-342-2437 National Cocaine Hotline 1400-262-2463 National Hepatitis Hotline 1400-223 -0179 National Runaway Switchboard and Suicide Hotline 1400-6214000 National Sexually Transmitted Diseases Hotline 1400-2274922 Suicide and Rape 24-Hour Emergency Services 1400-333 -4444 National Assistance Groups Alcoholics Anonymous 1400-344-2666 Food and Drug Administration 1 -3014434240 Mothers Against Drunk Driving (MADD) 1400438-6233 Narcotics Anonymous 1400-281 -9889 National Association for Children of Alcoholics 1 - 714499-3889 National Association of Anorexia Nervosa and Associated Disorders 1 -312431 -3438 National Council of Child Abuse and Family Violence 1400=222-2000 National Institute of Drug Abuse, Drug Information, Treatment 1400-6624357 Parents Anonymous National Office 1400421 -0353 Tough Love 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 flee 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 9 sent for drug testing. This testing will not take place until reasonable suspicion is determined to be present by the Director, or his or her designee, and a corroborating witness. The Director, or his or her designee, shall promptly detail in writing the circumstances which 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 an annual basis. The program will inform employees about the following. (a) The legal, social, physical, and emotional consequences of the use, misuse, and/or abuse of drugs or alcohol; (b) The District's commitment to maintain a drug-free workplace; (c) Available drug counseling, rehabilitation, and employee assistance programs , (d) Assistance in identifying personal and emotional problems which may result in the misuse of alcohol or drugs; and 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 if 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 may, depending upon the circumstances, 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 a healthcare 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 12 MRO, the MRO shall report a positive test result back to the employer. The drug test result may be contested pursuant to law or to rules adopted by the ARCA. 18 .0 Reporting of Use of Medication : Employees and job applicants may confidentially report the use of prescription or non-prescription medication to the MRO through the Emergency Services Director, or his or her designee, both before and after having a drug test. 19 . 0 Notice of Common Medications: A list of the most common medications by brand name or common name, as applicable, as well as chemical name , which may alter or affect a drug test, is attached. Employees and job applicants should review this list prior to submitting to a drug test. 20.0 Medication Information : An employee or job applicant may consult with the Employer's MRO or the testing laboratory for technical information regarding prescription and non prescription medication. 21 .0 Drugs to be Tested 21 . 1 Drug testing may be required for any or all of the following drugs: 1 . Alcohol, including distilled spirits, wine, beer, and intoxicating liquors; 2 . Amphetamines; 3 . Cannabinoids; 4. Cocaine; 5 . Phencyclidine (PCP); 6. Hallucinogens, as approved by the Florida Administrative Code ; 7 . Methaqualone; 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 gVdl% Amphetamines 1 ,000 ng/ml Cannabinoids 50 ng/ml Cocaine 300 ng/ml Phencyclidine 25 ng/ml Methaqualone 300 ng/ml 13 Opiates 300 ng/ml Barbiturates 300 ng/ml Benzodiazepines 300 ng/ml Synthetic Narcotics Methadone 300 ng/ml Propoxyphene 300 ng/ml 21 . 3 Drug cut off levels -- Confirmation Drug Test : All levels equal to or exceeding the following shall be reported as positive : Alcohol 0.05 gVdl%* 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/mI Benzodiazepines 150 ng/ml Synthetic Narcotics Methadone 150 ng/ml Propoxyphene 150 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 14 applicant, is provided or unless disclosure of such information or records is compelled by court order. The District may also disclose such information when relevant in any civil, disciplinary, or administrative hearing if required or compelled. The District will maintain records concerning drug testing separate and apart from a job applicant or employee's personnel file . 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 Morphon Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin Compound with Codeine, Robitussin A-C Heroin Diacetyhmrphone, Horse, Smack Hydromorphin 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 Mesc, Buttons, Cactus Amphetamine Variants 2, 5 -13MA, 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 1 . 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 . Drag 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 (ARCA), 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. a "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 18 accountability at each stage in handling, testing, and storing specimens and reporting test results. 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 19 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. 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 ARCA. 13 , Emergency Services Director' s designee means the Fire or EMS 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. 20