NEMSA Sacramento County FREMS CBA 2012-2013

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Collective Bargaining Agreement
S
A
BETWEEN
C
R
A
M
E
NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION
N
AND
T
O
FIRST RESPONDER EMERGENCY
MEDICAL SERVICES, INC. OF
SACRAMENTO COUNTY
C
O
U
N
T
February 23, 2012 to February 23, 2013
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A.! Medical Insurance!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#$!
B.! Basic Medical Insurance Options!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#$!
C.! Buy Up/Buy Down Medical Insurance Options!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#%!
E.! Dental Insurance!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#%!
D.! Vision Plan!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#%!
E.! Long Term Disability Insurance!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#%!
F.! Short Term Disability Insurance!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#%!
G.! Life and AD Insurance!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#&!
H.! Misc.!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#&!
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AGREEMENT
This Agreement is entered into on February 23, 2012, by the National Emergency Medical Services
Association (hereinafter referred to as “NEMSA” or “Union”) and First Responder Emergency Medical
Services, Inc. of Sacramento County, (hereinafter referred to as “FREMS”, “Employer”, or “Company”).
ARTICLE 1 - RECOGNITION
1.1
Scope of Agreement (NLRB certification)
The signatory employer, First Responder EMS, Inc - Sacramento County (“FREMS Sacramento”),
constitutes a distinct and separate company and operation in Sacramento County. Nothing herein should
be interpreted as suggesting that FREMS Butte is the employer or joint employer of the Sacramento
County bargaining unit, or that FREMS Sacramento is the employer or joint employer of the Butte
County bargaining unit, for any purpose—they are separate companies and bargaining units.
FREMS Sacramento recognizes the Union as the exclusive bargaining representative for the following
bargaining units as defined under NLRB case number 20-RC-18335:
For All full time and regular part time and per diem Emergency Medical Technicians and Paramedics,
Wheelchair Drivers and Gurney Van Drivers employed by FREMS Sacramento in Sacramento County,
California.
All full-time and regular part-time and per diem Registered Nurses employed by FREMS Sacramento in
Sacramento County, per the terms and conditions of the “Recognition Agreement” seen as Attachment
“B” of this agreement.
Excluding all guards, office and clerical employees, confidential employees, managerial employees, and
supervisors employed by the employer in Sacramento County, California as defined by the National
Labor Relations Act, as amended.
ARTICLE 2
2.1
UNION SECURITY
Union Membership
As a condition of continued employment, all employees included within the bargaining unit described in
Article 1 of this Agreement shall either become a member of the Union and pay dues and fees thereto or
in lieu thereof shall pay an amount equal to the Union’s initiation fee and shall thereafter pay to the
Union each month, either directly or through payroll deduction, an amount equal to the regular monthly
dues and fees in effect for other employees in the bargaining unit who are members of the Union. This
obligation shall begin on the thirty-first (31st) day of the month following the beginning of employment,
or the effective date of this Agreement, or the execution date of this Agreement, whichever is later.
Employees must notify the Union in writing of their intention not to be a member of the Union and to
pay a fair share/agency shop fee in lieu of the Union's regular monthly dues and fees in effect for other
employees in the bargaining unit who are members of the Union. The Union will comply with
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applicable laws regarding its calculation of the fair share/agency shop fee and the information provided
to non-Union members relating to that calculation.
2.2
New Employee/Termination Notice/Change of Status
The Employer agrees to furnish the Union each month with the name(s) of all newly hired employees
covered by this Agreement, their addresses, classifications, dates of hire and the name(s) of terminated
employees and date(s) of termination. The Employer shall also provide, on a monthly basis, the name(s),
addresses, and classifications of employees who were previously ineligible to be members of the Union,
but who have become eligible for such representation due to a change in job status.
2.3
Union Dues Deduction
Upon receipt of an individual, voluntary, written, and unrevoked check-off authorization from the
Employee, the Employer will deduct from the pay of such employee during each calendar month a sum
equal to that employee's Union monthly membership dues which fell due during the immediately
preceding month. The Employer agrees to promptly remit the sums deducted under this paragraph to the
Union.
The Employer shall be relieved of making such deductions upon: (a) termination of employment, or (b)
transfer to a job other than one covered by the union, or (c) layoff from work, or (d) an agreed leave of
absence. Notwithstanding any of the foregoing, upon return of the Employee to work from any of the
foregoing enumerated absences, the Employer will immediately resume the obligation of making said
deductions.
The Union agrees to pay the Employer an administrative processing fee in the amount of seventy-five
dollars ($75) for each request by the Union to change or modification to the uniform amount of dues,
fees or assessments for the entire bargaining unit (excluding the initiation fee and commencement of
dues charged to newly hired employees) deducted from the wages of bargaining unit employees during
the term of this agreement. The administrative processing fee shall be invoiced to the Union and paid to
the Employer within sixty (60) days from the date of the invoice.
2.4
Applicable Law
The foregoing provisions shall be subject to applicable provisions of federal and state laws.
2.5
Union Activity
The Employer will not discriminate in any way against any employee engaging in official Union activity.
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2.6
Information
The Employer shall provide the Union with an accounting of all dues and fees collected from bargaining
unit employees and transmitted to the Union. Should the employer’s payroll system permit
computerized or electronic reports, such reports will be remitted to the union.
ARTICLE 3 - UNION RIGHTS
3.1
Shop Stewards
The Employer recognizes the right of the Union to select a reasonable number of shop stewards . The
Employer agrees that there will be no discrimination against authorized shop stewards because of Union
activity. The Employer shall not recognize shop stewards until the Union has notified the Employer in
writing of the individuals serving as authorized shop stewards. The Union will notify the Employer in
writing when individuals leave the position of shop steward. Shop stewards shall suffer no loss in pay
for attendance at investigatory and grievance meetings held during their shift. Management shall
attempt to schedule such meetings during the steward’s shift.
When a shop steward is required to attend an investigatory meeting and FREMS Management
determines it is not operationally feasible to use a shop steward currently on duty, management will
authorize the off-duty shop steward to be paid to attend the investigatory meeting. The shop steward
will receive a minimum of two (2) hours pay at their regular straight time pay rate regardless of how
long the meeting runs. Hours paid solely for the performance of shop steward duties will not be
counted towards hours worked for purposes of calculating overtime and benefits.
3.2
Access of Union Representatives
A duly authorized representative of the Union shall be permitted to meet with employees off duty
in order to conduct legitimate Union business provided such activity does not interrupt or interfere
with the work of any employee and is not at an Employer sponsored meeting or event. All business
and conversations between Union representatives and employees will be conducted in a private
location so they will be neither observed nor overheard by patients, customers or the public.
Union representatives must notify and receive approval from the Assistant Chief of Operations
or his/her designee of any intended presence upon Company property twelve (12) hours prior to
their arrival and be escorted by a Company Representative approved by the Assistant Operations
Chief or his/her designee at all times while on while on Company property. Company property as
defined for the purposes of this section shall include all Company owned or leased properties.
3.3
Union Bulletin Boards
Bulletin boards shall be made available at each work site to post official Union business (on NEMSA
letterhead stationery or an official NEMSA publication). The Assistant Chief of Operations or
his/her designee shall receive copies of all material to be posted prior to or at the time of posting.
The space provided for such bulletin boards will be maintained by the shop stewards with the
posting or removal of bulletins and publications to be handled only by the same. The Employer and
the Union recognize the Employer's right to remove posted material that is derogatory or damaging
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to the Employer's business or industry. Materials shall be posted upon the bulletin board space as
designated and not upon walls, doors, windows, etc.
3.4
New Employee Orientation
The Employer agrees to provide the employee with literature provided by the Union. The Employer will
also inform new Employees of an informational meeting hosted by the Union that the Employees are
free to attend on their own time.
ARTICLE 4 - MANAGEMENT RIGHTS
4.1
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General Description Of Rights
All rights, powers, and authority to which the Employer is legally entitled that are not limited or
abridged by the express provisions of this Agreement are retained by the Employer. The rights described
herein are not inclusive but indicate some of the matters or rights which belong to the Employer in its
capacity as management.
4.2
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Right To Manage Business
The employer, due to the nature of the services it provides, must retain the right to manage and
administer the business and operations of the Employer, and to establish delete, and modify policies and
practices particularly including, but not limited to, those related to safety, security, scheduling, control,
and performance.
The rights and authority of the Employer, except as limited or abridged by this Agreement shall
include the right :
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to establish, continue, change or abolish its operational guidelines, policies, practices or
procedures;
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to establish, extend, limit, curtail, sell, or discontinue its operations or any part thereof;
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to determine staffing levels and unit deployment;
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to determine the number and types of employees required;
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to establish and change work schedules, shifts, shift patterns, and assignments;
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to investigate and issue corrective action to employees;
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to direct the working forces;
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to create, eliminate or fill a full or part time position or classification, and to decide,
among employees, who shall be promoted to a higher classification;
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to hire and direct supervisors;
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the right to select, require, and administer proficiency standards and examinations
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to determine whom it shall hire, transfer, administer corrective action to, promote;
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to determine, select, retain, terminate, or substitute any vendor or contractor;
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to establish and maintain work rules, operating procedures, and protocols;
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Except as limited by the terms of this agreement, all management rights are reserved.
Notification To Union
The Employer shall notify the Union at least fourteen (14) days prior to implementation of any
decision that impacts matters within the scope of representation for bargaining unit employees. If, after
receipt of written notification by the Union regarding such actions, the Union fails to respond within
fourteen (14) calendar days, the Union waives its right to meet and confer on the particular matter.
4.4
Change Of Management Or Ownership
The Employer has and shall retain the right to move, sell, change ownership, merge, close, or
liquidate the business or any portion thereof in whole or in part, and to separate its employees in
connection with said moving, selling, changing of ownership, merging, closing, or liquidation of its
business or any portion thereof; however, in the event the Employer decides to do so, it will provide the
Union with notice at least thirty (30) days prior to the effective date of the change and, upon request,
will negotiate with the Union concerning the effects thereof upon the employees. It is fully understood
and agreed that during the term, and after expiration of, this Agreement, the decision to move, sell,
change ownership, merge, close or liquidate shall rest solely with the Employer and its obligation shall
be limited to advising the Union concerning such decision and, upon request, negotiating with the Union
over the effects thereof on the employees.
4.5
Subcontracting
During the term of this Agreement, the Employer will not subcontract and/or transfer bargaining unit
employee work if it has the affect of displacing bargaining unit employees or diminishing the bargaining
unit.
For purposes of this provision, it shall not be considered subcontracting for the Employer to on an
individual basis, elect to transfer, assign, or turn over calls to another licensed provider.
Provisions of this section do not apply to any emergency crossover, mutual aid, or automatic aid
situations.
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ARTICLE 5 - CORRECTIVE ACTION AND DISCHARGE
5.1
Corrective Action and Discharge
The Employer shall have the right to issue corrective action and discharge employees for good cause.
For the purposes of this agreement, there shall be no difference between good and just cause.
5.2
Procedure
The Employer and the Union recognize the intent of corrective action is to remedy performance
problems and modify behavior. While the Employer will attempt to accomplish those objectives
through training and progressive corrective action, the Employer reserves the right to issue corrective
action, up to and including discharge, based on good cause and the circumstances of each case. The
union agrees and recognizes that gross misconduct or repeat offenses may call for corrective action
commensurate with the offense or totality of the circumstances and not necessarily based upon the
premise of progressive corrective action.
5.3
Right to Representation
Upon a request by the employee, the employee shall have the right to have a Union Steward present in
an investigatory meeting that could lead to corrective action.
5.4
Corrective Action Notices
The Employer shall notify an employee in writing of any corrective action or discharge. The notice
shall identify the reason(s) for the corrective action or discharge and the effective date of the action the
employer and union agree to encourage employees to sign in receipt of corrective action notices. The
Union may contest any corrective action or discharge by filing a written grievance at Step 1 of the
grievance procedure contained in Article 6 of this Agreement. Upon request the Employer shall provide
the Union written notice of corrective action via USPS Mail, facsimile or electronic means. The Union
shall be in receipt of the notice of corrective action prior to the level 1 grievance meeting, per article 6 of
this agreement.
5.5
Retention Period
Records of corrective action shall not be considered for purposes of future corrective action, provided
there are no further corrective actions during the applicable retention period:
Verbal Warnings
Written Warnings
Suspensions
Suspensions For Gross Misconduct
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6 months
12 months
18 months
24 months
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5.6
Disclosure
The Employer will, upon written request of the Union, provide the Union copies of any documents
relied upon by the Employer in support of the corrective action or discharge no later than twenty-one
(21) calendar days from the date of request. Where such documents contain confidential patient care,
confidential witness statements or legal information, such confidential information will be redacted
before providing the documents to the Union.
5.7
Time Limits
To be valid, written corrective action notices must be issued to the affected employee within twentyeight (28) calendar days after the Employer became clearly aware of the alleged conduct claimed as the
basis for the disciplinary action. The time limit for issuing corrective action and discharge notices may
be extended with the mutual agreement of the parties on a case-by-case basis when delayed by the
involvement of state or local law enforcement or state or local EMS agencies, or the employee or key
witnesses are unavailable. The Employer must notify the Union in writing of any requested extension of
the time limit prior to the expiration of the twenty-eight (28) calendar day period and the specific
reason(s) for the extension. The time limit shall not be extended beyond twenty-eight (28) calendar days
absent extraordinary circumstances and additional written notification to the Union.
ARTICLE 6 - GRIEVANCE PROCEDURE AND ARBITRATION
6.1
Grievance Procedure
The purpose of this procedure is a timely resolution of grievances by the Employer and the Union
following a prompt investigation and thorough discussion. In the event that any grievance arises
concerning the interpretation or application of any of the terms of this Agreement and/or any dispute
arising as to the terms of this agreement concerning wages, benefits, and working conditions, such
matters shall be adjusted according to the procedures and conditions set forth below.
Employees should attempt to resolve problems informally with their immediate supervisor before
resorting to the grievance procedure. Any agreement between the employee and the supervisor will be a
non-precedent-setting settlement.
Step One - The employee or the Union through its shop steward or field representative shall submit the
grievance in writing to the appropriate Operations Battalion Chief or his or her designee within fourteen
(14) calendar days of the occurrence giving rise to the grievance. The Operations Battalion Chief or his
or her designee shall meet with the grievant and/or his/her representative within fourteen (14) calendar
days and give his/her answer in writing within fourteen (14) calendar days after such discussion.
Grievances resolved at this step shall not be precedent-setting.
“Occurrence” is the date when the grievant learned of the event that is the subject of the grievance or the
effective date of corrective action or discharge.
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Step Two - If the procedure in Step One fails to resolve the grievance, the grievance shall be submitted
to the First Responder EMS Assistant Chief or his/her designee within fourteen (14) calendar days after
the receipt of the Step One answer. The parties shall meet in an attempt to resolve the issue within
fourteen (14) calendar days after such submission or, by mutual agreement, the parties may submit the
matter to an alternative non-binding dispute resolution procedure. The First Responder EMS Assistant
Chief or his/her designee shall respond in writing within fourteen (14) calendar days from the date of the
meeting or alternative dispute resolution procedure.
Non Binding Dispute Resolution – Upon the written agreement of both the Union and the Employer, the
parties may optionally use the non-binding mediation services of the Federal Mediation and Conciliation
Service (FMCS) to attempt to find resolution to the grievance. Grievance timelines will be temporarily
suspended during the mediation process. If both parties agree in writing to mediation, the grievance
time lines shall be suspended during the mediation until such time as the mediator issues a decision or
one party informs the other that it no longer wants to participate in mediation, at which point the time
lines will again resume where they left off.
Step Three - In case of failure of the parties to settle the grievance at Step Two, the Union may request
that the grievance be referred to arbitration within fourteen (14) calendar days from the Union’s receipt
of the Employer’s Step Two response. The parties shall endeavor to select an arbitrator mutually
agreeable to the parties to hear and resolve the grievance. Should the parties be unable to agree on an
arbitrator, the Union shall request a list of seven (7) experienced labor arbitrators from the American
Arbitration Association (AAA). Within fifteen (15) calendar days from the receipt of the list from AAA,
the parties shall select an arbitrator by the process of alternately striking names from such list. The party
to strike the first name shall be determined by lot.
Arbitration - The arbitrator’s authority shall be limited solely to resolution of the particular issue(s)
submitted to the arbitrator by the Union and the Employer and the authority conferred by this Agreement.
The arbitrator shall have no authority to alter, change, ignore, delete from, or add to the provisions of
this Agreement. The arbitrator’s decision shall be based solely on the evidence and arguments presented
by the parties. The decision of the arbitrator shall be final and binding on the parties. Economic awards
shall be limited to the time period after the event giving rise to the grievance. In cases involving back
pay the back pay award shall be limited to one hundred (100) days prior to the event giving rise to the
grievance. Back pay awards shall be calculated based on the regular hourly rate of the employee
excluding overtime or holiday or premium pay, if any, but including any raises the employee would
have received during the period..
The arbitrator shall have the authority to issue or direct the issuance of subpoenas for the attendance and
testimony of witnesses and the production of documents and things at the arbitration hearing. The
arbitrator shall also have the authority to resolve any pre-hearing motions presented by either party.
The party filing the grievance shall have the burden of production and proof at the hearing. Economic
awards in corrective action and discharge cases are subject to offset for unemployment benefits and
compensation earned by the grievant during the back pay period.
The fees and expenses of the arbitrator shall be borne equally by the parties. Either party shall have the
option of submitting a brief, in lieu of a closing argument. Unless mutually agreed upon, costs and fees
for court reporters and hearing transcripts shall be borne solely by the party requesting such services.
The parties shall bear their own expenses for legal representation.
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6.2
Time Limits
By written mutual agreement between the Union and the Employer, the time limits of any step of the
grievance procedure may be extended. Such extension must be confirmed in writing within the specified
time limits. The arbitrator shall have the authority to consider if a grievance is within the specified time
limits prescribed in this Agreement.
6.3
Participants
The Employer agrees that the grievant shall be allowed to participate in any and all steps of the
grievance procedure. The parties agree to exercise their best efforts to arrange grievance meetings that
accommodate the schedules of all participants.
ARTICLE 7 - PROBATION
7.1
Probationary Period
Newly hired full-time employees covered by this Agreement shall be on probation for their first six (6)
months of employment. Newly hired part-time employees covered by this Agreement shall be on
probation for their first 3000 hours of employment. During this initial probationary period, discharge of
probationary employees will not be subject to the arbitration provisions of this Agreement. An
employee’s initial six month probation period may be extended by mutual agreement between the
Employer and the Union. The Employer will declare its intent to the union regarding the probationary
employee in a non-binding notice prior to the conclusion of the six (6) month period. The notice shall
consist of notice of intent to terminate the employment, advance the employee out of probationary status,
or desire to continue the probationary period per the terms and conditions of this Article. If the Union
and Employer cannot reach agreement to continue the probationary period, then the Employee may be
discharged during the probationary period, at the Employers discretion
After this initial probationary period, upon mutual agreement with the Union, the Employer may require
an employee to be assigned for continued probationary time for the next six (6) months of employment
for full time employees or an additional three thousand (3000) hours of employment for part time
employees. The Union will not unreasonably deny this extension.
Employees who are already out of their probation period and transfer to another classification shall be
on an evaluation period for three (3) months and/or 1000 hours. Employees who are not performing in
the new classification can be removed from their new classification and returned back to their previous
classification if an opening is available, and if not, shall be placed on per diem, if available, until and
opening is available.
ARTICLE 8 - HEALTH AND SAFETY
8.1
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Employee’s Right to Refuse Unsafe Work
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No employee shall be required to work with materially damaged, unsafe equipment that would be
hazardous to him/her or to his/her co-workers and/or a patient’s health and safety
Employees who become aware of materially damaged, unsafe equipment must notify the Battalion Chief
as soon as possible. Employees who violate Company safety rules and regulations may be subject to
corrective action up to and including discharge. No employee will be subject to corrective action for
reporting a health or safety problem.
8.2
Company Paid Immunizations
The Employer will either provide or pay the fees for only those immunizations that are in accordance
with the recommendations of the United States Public Health Service Advisory Committee on
Immunization Practices that are recommended by the County Health Officer. For purposes of this
section, immunization for Hepatitis B shall be included as a recommended immunization for bargaining
unit employees. The Employer reserves the right to determine times and locations within the county of
employment where an immunization must be obtained. The Employer will not pay the fees for any
employee who obtains it elsewhere. All employees shall either obtain each immunization provided by
the Employer or sign a waiver as requested by the Employer.
The employer shall offer an influenza immunization to employees yearly.
8.3
Safety Equipment
In accordance with local operating practices, field employees shall be required to use the following
safety and protective gear as established by the Employer and in effect at the time of this Agreement:
8.4
a.
Latex or equivalent Gloves
b.
Disposable Hearing Protection and Eye Protection
c.
Should the employer issue tire chains for inclement weather conditions, the employer will
provide appropriate work type gloves with the vehicle to assist employees in chain
application.
d.
A functional portable communications device shall be made available to each crew
member. All portable communications devices/radios shall include an appropriate
holster/clip.
DMV Physical Examinations
The employee will be required to meet DMV ambulance drivers Liscense requirements.
Employees may be required, at the Employer’s discretion, to submit to an Employer- provided physical
examination on a biannual basis. This examination, if provided, will be sufficient to meet Department
of Motor Vehicle requirements for an Ambulance Driver’s License. Medical records of such
examinations shall be confidential.
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8.5
Crew Quarters
The Employer shall, to its best ability, maintain all leased or owned stations and crew quarters in a safe
and habitable condition and in accordance with applicable federal, state, and local laws.
The employer agrees to provide functional air conditioning and heating systems, furniture, cooking and
cold food storage devices, and one functional bathroom/shower, and functional sleeping room facilities
as a part of their daily work. The employer will provide basic cable or satellite service or internet
service for news, weather, and emergency information.
Employees shall not remove any furnishings or other Employer items from stations and employees shall
reasonably care, clean, and maintain such items.
ARTICLE 9 - Education and Training
9.1
EMT/Paramedic/RN Licensure
Employees will be reimbursed for the cost of the full time EMT/Paramedic/RN state licensure required
for employment. The Employer will reimburse Employees for costs for the DOT Medical Examiners
Cards, provided that the Employee uses the provider chosen by the Employer. National certifications
will not be reimbursed under this agreement. Any amounts paid under this Article shall not be pro-rated
for part time or per diem.
9.2
Continuing Education
The Employer will reimburse Full time Paramedics for the cost of the State Licensure required for
their job, and four hundred ($400) dollars toward continuing education, per licensure period.
The Employer will reimburse full time nurses for the cost of the State Licensure required for their
job, and two hundred ($200) dollars toward continuing education, per licensure period.
Full time EMT’s will also have their state licensure reimbursed and will be reimbursed up to two
hundred ($200) dollars for continuing education, per licensure period.
Full time dispatchers will be reimbursed for the cost of NAEMD licensure and will be reimbursed up
to fifty ($50) dollars for continuing education, per licensure period.
9.3
Licensing/Qualifications
All employees are required to maintain the appropriate licenses, certificates, and/or accreditations for the
performance of their job responsibilities. The Employer agrees to post or otherwise notify employees of
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the expiration dates the Employer has on file for required licenses, certificates, and/or accreditations not
less than every six (6) months. It is the responsibility of each individual employee to ensure that all
licenses, certificates, and/or accreditations are maintained.
Employees whose state or local license is temporarily suspended by a state or local agency (other than
suspensions covered by Article 25 of this Agreement) shall be placed on unpaid administrative leave for
a maximum of thirty (30) days or longer at the employer’s sole discretion. Employees may utilize
accrued PTO solely at their option during any portion of the suspension. Employees shall be required to
have all licenses, certifications, and/or accreditations up to date at the conclusion of the suspension.
Failure to maintain such licenses, certifications, and/or accreditations shall be cause for separation from
employment.
Employees on approved leaves of absence shall be required to have all licenses, certifications, and/or
accreditations up to date prior to returning from leave except as otherwise provided in this Agreement.
9.4
Orientation
All new employees will be provided with up to forty (40) hours of orientation.
ARTICLE 10 - HOURS OF WORK
10.1
Workweek Defined
The workweek shall be defined as beginning at midnight on Saturday/Sunday and ending on
the following midnight on Saturday/Sunday. Payroll is issued bi-weekly. All employees are
eligible to participate in the Direct Deposit pay program when such program becomes effective.
This electronic deposit of funds produces a check stub instead of an actual check at each pay
period.
10.2
Work Hours
This Article defines the normal hours of work and shall not be construed as a guarantee of
hours of work per day or per week or of days of work per week.
The Employer has the right to determine, establish, and change work schedules including
starting times, lengths or types of shifts, and the mix of different types of shifts. Prior to
implementing major shift changes, the Company will inform the Union and meet and confer
regarding the impacts of such changes.
The following definitions shall apply to this Article:
Unit, Unit Assignment or Position Assignment — means the call sign or identifier for a
particular ambulance or crew or dispatch position.
Shift — means the work hours per day as determined by the start and end times for the work period.
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Schedule — means the assigned calendar days in a week during which shifts are worked and the
start times for each shift.
Employee Assignment — means the unit/position, shift and schedule worked by an
employee.
Employee Assignments shall be posted and/or provided to employees when possible at least
fourteen (14) days in advance using the employer’s computerized scheduling system.
10.3
Shift Bids
Bids shall be conducted on an annual or semi-annual basis (if applicable) unless upon agreement of
the Union and Employer, the bid shall be conducted at a specified time. Bids will be awarded to the
most senior full time qualified employee. Bidding shall be conducted jointly by the parties, using a
method mutually agreed to by the parties. The employer will provide bidding information, schedules,
and seniority information to the union and provide assistance in resolving seniority conflicts between
employees prior to the bid.
Any openings not filled by the shift bid will be offered to part time employees in the order of
seniority.
10.4
Call In/Call Back Pay
Employees who are called in to work or called back to work from their homes to perform extra
work shall be guaranteed a minimum of four (4) hours of work at the appropriate wage rate. The
sole exception to this Section shall be for employees called back for training in which case the
employee will be paid for the actual hours in training or a minimum of two (2) hours (whichever is
greater) at the appropriate wage rate.
10.5
Report In Pay
If an employee reports to work as scheduled or requested by the Employer and is not permitted to
work the scheduled shift or employee assignment, the Employer shall have the option to assign
the employee to another unit or employee assignment or position for the duration of the originally
scheduled shift, or release the employee from duty with pay equivalent to four (4) hours of the
employee’s applicable regular hourly rate, or require the employee to perform other work necessary
to the function of the business.
10.6
Advance Notice.
The Employer agrees to provide two-hours' advance notice of the cancellation of any prescheduled
shift except in the following instances:
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A.
The employee requests and the Employer agrees to the cancellation.
B.
There is no partner for the employee on the day of the shift.
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C.
Another employee is returning to work from an industrial leave.
The unit is downed or removed from the schedule. When the
employee is not able to work Units downed or removed from the schedule will
be treated as hours worked for the purposes of calculating full time and part
time employment averages.
D.
If the Employer fails to provide two hours notice of a cancelled shift, then the Employee shall be
entitled to two hours pay, or half the normally scheduled shift up to four hours, whichever is
greater, except in the circumstances noted above. Notice shall include messages left on the
employee’s telephone or by message on the Company’s web based scheduling system. If the
Employer provides two hours notice of a cancelled shift, or one of the circumstances above
occurs, then the employee shall not be entitled to any additional pay under Sections 10.5 or 10.6,
regardless of whether he or she actually arrives at work.
10.7 Meal Periods
For Ambulance Crews:
The Company and the Union agree that the nature of an ambulance crew’s work prevents the employees
from being relieved of all duty during meal periods. Therefore meal periods shall be considered on-duty,
paid meal periods. Ambulance Crews will attempt to take meal periods during periods of inactivity.
For Medivan (wheelchair, gurney) Crews:
The Company and the Union agree that the nature of a field employee's work prevents the field
employee from being relieved of all duty during meal periods. Therefore meal periods shall be
considered on-duty, paid meal periods. Employees on daily shifts shall take one (1) on-duty paid meal
period in the first eight (8) hour segment of their shift, and another meal period during any remaining
segment of their shift..
Should a daily shift employee be unable to obtain thirty (30) minutes of inactivity (no current dispatch
assignment, no post moves) to have a meal period during the aforementioned segments of their shift, the
employee shall contact the on duty battalion chief and request a meal period. Meal periods requested
will not be unreasonably denied.
10.8
Notification of Holdover
Should the potential for a mandatory holdover arise, a reasonable effort will be made by the on-duty
Battalion Chief or his/her designee to find voluntary coverage before a mandatory holdover is
implemented..
For Sacramento County Daily Crews (8, 10, 12 hr shifts) and Sacramento Overnight Crews (24 hr
shifts) – The Employer shall have the right to require mandatory holdovers for up to three (3) hours
or upon completion of the current call, whichever is later.
Holdover Pay – Should an on duty employee be required to be held over, the employee shall receive a
one half (.5x/hr) time additional compensation as a premium for all hours held over. Overtime will
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not be calculated on the Holdover Pay premium amount and there will be no pyramiding with
overtime, holiday pay, or mandation pay, and in no case will an Employee exceed 2x base pay.
10.9
Job Abandonment
Barring extenuating circumstances that are not the fault of the employee, any employee who fails to
report to work or to notify the Employer of the specific reason(s) for his absence for two (2) consecutive
scheduled shifts, including pre-scheduled overtime shifts, shall be considered to have abandoned his job
and to have voluntarily terminated.
10.10 Two Employees/One Shift
In the event that two (2) employees report for the same assignment, they will attempt to mutually agree
on who will work. In the absence of mutual agreement, the employee regularly scheduled for that
assignment shall work. In the event neither employee is regularly scheduled for that assignment, the
most senior employee will choose whether or not to work. Should the most senior employee decide not
to work, the employee with less seniority must work.
10.11 Shift Swaps/Giveaways
Employees will be allowed to swap/giveaway shifts in accordance with the following procedure:
1.
Submit a completed exchange request electronically to the employer.
2.
The Employer’s electronic scheduling system, designated supervisor, or scheduler will respond
to the request. Trades/giveaways will be approved at the discretion of the Employer. This discretion
will be exercised reasonably.
3.
Shift swap shall be based on hours swapped only.
4.
Shift swap/giveaways shall not result in uncovered hours.
5.
Shift swaps/giveaways will not be allowed for the purpose of avoiding corrective action.
6.
Employees will be held accountable for shifts they agree to cover.
7.
Shift swaps/giveaways shall be unlimited.
8.
Once a shift swap is completed, the responsibility to work the shift is the responsibility of the
person swapping into the shift.
10.12 Mandatory Assignment Of Work
The Union and the Employer recognize there are times when the Employer may desire, based on
operational staffing needs, to mandatorily assign additional work to full time employees in a process
known as “Mandation”
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Pre-Mandation Efforts
Prior to mandating employees, the employer will exhaust the following methods of filling short
notice openings in the Employer’s work schedule.
1. The Employer will check EPRO software for shift pick-ups to fill the open shift. The
Employer shall notify the employee by text or email, unless the employee has requested
telephone notification. If the shift starting is more than 2 hours away he or she shall report at
the normally scheduled time. If the shift is less than two hours away or has already started,
the employee shall have 2 hours to report to his or her station.
2. The Employer will check EPRO for shift availability for the open shift. The Employer shall
notify the employee by text and email, unless the employee has requested telephone
notification. If the shift starting is more than 2 hours away he or she shall report at the
normally scheduled time. If the shift is less than two hours away or has already started, the
employee shall have 2 hours to report to his or her station.
3. The Employer will text/email all part time personnel.
4. The Employer will text/email all Full time personnel.
5. The Employer will text/email all personnel.
6. In the event that there are more than one volunteer for the shift, the following order will be
followed.
a. Per diem with less than 40 hours worked in the week
b. Full time with less than 40 hours worked in the week
c. Full time more than 40 hours worked in the week
d. Per diem with more than 40 hours worked in the week
e. In the event that there are two employees who are equal as to these criteria and have
volunteered; the most senior employee will get the shift. The Employer shall notify
both the employees by text and email, or by telephone, who is assigned to work the
shift. If the shift starting is more than 2 hours away he or she shall report at the
normally scheduled time. If the shift is less than two hours away or has already
started, the employee shall have 2 hours to report to his or her station.
7. Any Employee that is in the top 15 (fifteen) on the inverse seniority mandatory shift list and
volunteers shall be placed at the bottom of the list.
8. If no employees volunteer to take the shift, the shift will be filled as per the mandation
procedure.
Mandation Procedure
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1. The Employer will keep an updated and accurate list of employees based on the date of their
company seniority, per Article 11 of this Agreement, in inverse seniority order.
2. Newly hired employees after completion and release from FTO training will be moved to the
top of the inverse seniority list and will supersede all other employees on the list until
Mandatory Work is assigned to them.
3. Should a vacancy develop for what ever reason and cannot be filled by 1930 hrs the previous
day, or if the need for mandatory call in comes in after 1930 hours and the employer is
unable to fill the position within 2 hours using the voluntary procedure noted above, then this
procedure will be enacted.
4. Employees called in or at the end of a non-mandated shift are mandated to work another
shift, who refuse the mandated assignment will be considered to have violated the “no call/no
show” policy.
5. The mandation inverse seniority list has a lifespan of one (1) pay period meaning that at the
end of the pay period the person at the top of the list at the expiration of the pay period, will
be moved to the bottom of the list.
6. Employees held over or called in will receive an additional 1/2 time to their base regular
hourly rate calculated based on their base rate. There shall be no pyramiding with overtime
or holiday pay. So if an employee is already at time and a half due to overtime, he/she shall
receive an additional half time on his regular rate making it double time. In no circumstances
will an employee ever exceed double time for any reason at any time. How ever if an
Employee is mandated to work on an approved holiday referenced in Article 12.8 the
Employee will receive an additional $50 dollars.
7. The employee who is highest on the recall list and is of the classification needed will be
called in.
8. Mandation shifts will be no greater than twenty four (24) hours in length. For Daily Shift
Employees, there will be an eight (8) hour rest period between the completion of a mandation
shift and the start of the next regularly scheduled shift.
9. The employee being called in may contact other personnel to arrange coverage for part or all
of the hours for which the employee is responsible. The employee being held-over / called in
is responsible for contacting he Battalion Chief with the name(s) and time(s) of personnel
providing coverage for the held-over / called in employee.
10. In the event of a shift trade of a mandated shift, the employee who was originally mandated
to come in shall be moved to the bottom of the list.
11. Employees scheduled for approved PTO will not be called in for mandatory overtime on the
day before or after their PTO is scheduled.
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12. Employees will have thirty (30) minutes to respond to a mandation notice from the Employer
however the Employer may continue to notify other employees on the list, according to the
terms of this Article. The least senior employee responding to the notice within the 30minute period will be the employee mandated.
13. Employees on approved PTO, Bereavement Leave, Jury Duty, or verifiable medical
emergency for the employee or family (child, spouse or parent, siblings, grandparents) or
registered domestic partner or other lawful leave, will be exempt from the assignment of
Mandatory work for the date of the Mandatory assignment of work.
In the event that an Employee is required to work Mandatory assignments, and requires
documentation from the Employer proving the mandatory assignment was required, the Employer
will provide such documentation upon request. The Employer will refund to the employee the cost
of any non-refundable bus/train/ship/airline tickets or hotel reservations in the event that an
Employee is required to work a Mandatory Work assignment on the day of the tickets/reservation.
The Employee will be required to advise the Employer and provide proof in advance of any claim at
the time of the mandation request.
ARTICLE 11 SENIORITY
11.1
Seniority Defined
Company seniority shall be defined as an employee’s continuous full-time or part-time employment
from the employee’s most recent date of hire. Company Seniority shall be used for purposes of
determining time off accruals and shift bidding, compensation, and benefits.
Employees who the Employer allows to relocate between bargaining units in different counties shall
reset their seniority dates for purposes of shift bidding.
Bidding Classification - An employee’s company seniority will be used for the purposes of shift bidding
within their respective classification (EMT, Paramedic, etc.) with the following exception:
Should an employee change status from Full Time to Part Time/Per Diem Employment, and
subsequently return to full time employment within the bargaining unit, for the purposes of shift bidding
the employee’s seniority will not be recognized and the employee will be placed at the bottom of the
bidding list for one shift bid only. In subsequent shift bids, the employee will retain all previously
earned seniority. The employee will continue to accrue seniority during this time.
In the event that two or more employees have the same date of hire, seniority will be determined based
on the date of their employment application was received by First Responder.
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11.2
Definition of Regular Full-Time Employee
Regular full-time employees will be those employees who are designated as such by the
Employer and are defined as those employees who are regularly scheduled to work a full time schedule
predetermined by the Employer, which consists of regularly scheduled hours. The Employer shall
have the right to determine what constitutes a full time schedule for each classification.
Any full-time employee whose average work hours per pay period fall below their regularly
scheduled hours for a period of 2 consecutive months, shall have their status changed to part-time
if such absence was not excused by the employer or for reasons other than having used Paid Time
Off (PTO) or being on an approved leave of absence.
11.3
Definition of Regular Part-Time Employee
Regular part-time employees will be those employees who are designated as such by the
Employer and who are regularly scheduled to work less than seventy two (72) hours per pay period.
Part- time employees who work an average of seventy two (72) or more hours each pay period for
more than six continuous (6) months shall have the option to change their status to full-time,
provided a full time position is available.
11.4
Loss of Seniority
An employee shall lose all seniority rights and employment will cease for any of the following reasons:
A.
Resignation.
B.
Discharge for cause. (Except for probationary employees who may be discharged for any
lawful reason).
C.
Twelve (12) months of continuous layoff. This may be extended in increments of three
(3) months by mutual agreement of the parties.
D.
Failure to report on recall to work following layoff within one (1) calendar week after
notice by certified mail has been received by the employee. This shall not apply if an
employee on layoff has informed the Company by certified mail, within two (2) calendar
weeks of receipt of their recall letter, of his/her intent to return to work. After such
notification, the employee must report within two (2) weeks.
E.
Two (2) shifts of no-call, no-show in any twelve-month period, unless the reasons
are through no fault of the employee. After the first shift of no call no show the
employee shall receive a Written Warning.
F.
Absence for any reason extending more than three (3) consecutive calendar days,
excluding absence for industrial injury or illness or an approved leave of absence.
Part-time employees must work the minimum number of shifts per calendar month as defined by
local county practice in order to retain their employment with First Responder unless no work is
available.
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11.5
Layoff and Recall
Should it become necessary for the Employer to reduce the size of the workforce, the Employer
shall notify the Union at the earliest possible opportunity but in no event less than fourteen (14)
days prior to the layoff. Layoffs shall be by inverse order of seniority within each home
county/operation by classification, beginning with probationary employees and followed by parttime employees.
As positions become available, qualified employees shall have the right to be recalled within six (6)
months from the date of layoff beginning with the most senior employee in the classification.
Employees recalled to employment shall be sent a certified letter announcing such recall. Recalled
employees who fail to respond within fourteen (14) days from the date of receipt of the recall
letter or refuse a recall to their former classification shall be considered to have waived their recall
rights. After six (6) months, employees who have not received written notice of recall may notify
the Employer of their continued interest in reemployment after the employer notifies such
employees through email, it’s website or via US Mail. Such employees shall be given priority and
reemployed as openings occur within their classifications for an additional six (6) months,
beginning with the most senior employee within the classification.
Qualified employees shall have current and valid licenses. A position will be held; up to a
maximum of fourteen (14) days from the date the recall notice is overnight mailed, for employees
who are in the process of obtaining current licenses and certifications.
Employees who have been notified in writing by the Employer that they will be laid off may apply
for an existing vacant position with the Employer provided that they meet all required qualifications in
the Employer’s determination. Employees who accept such a position shall be paid the rate of pay of
the new classification and shall retain their position on the recall list until such recall rights have
expired as provided in Section 11.5, C above or until recalled to their former position, whichever
comes first.
No new employee(s) shall be hired into a classification until such time as all qualified laid off
employees whose recall rights have not expired for such classification have been recalled.
11.6
Seniority Lists
The Employer shall provide the Union with a seniority list of all employees covered by this Agreement,
which shall include each employee's seniority date. Such seniority lists shall be provided annually in
January and prior to any shift bid.
11.7
Filling Vacant Positions
Vacant positions shall be filled subject to the following provisions:
A.
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Full time positions declared vacant by the Employer shall be posted within the
home county/operation for seven (7) calendar days. Subsequent vacancies shall
then be posted for seven (7) calendar days. Openings subsequent to the postings
above shall be filled per the discretion of the Employer.
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11.8
B.
The most senior qualified full time employee applying for the posted vacant
position shall be awarded the vacancy.
C.
An employee who is under a performance improvement plan (remediation plan)
and has been re-assigned to a Field Training Officer shall not be allowed to assume a
vacant position without the consent of the Employer.
D.
Employees on performance improvement plan (remediation plans) working a regular
shift (not being evaluated by a Field Training Officer) will be allowed to fill vacant
positions.
Work Schedules
A.
Unless circumstances beyond the Employer's control dictate otherwise, work schedules
and changes to the employee's regular unit assignment shall be posted and/or provided to employees
at least fourteen (14) calendar days in advance.
B.
Supervisors shall be allowed to work in bargaining unit positions during declared disasters only
until a Bargaining unit member arrives to relieve the Supervisor.
11.9
Seniority for Scheduling
In the filling of temporary vacancies on a shift, part-time employees will have preference over full-time
employees. In addition employees with the least number of hours worked or scheduled to be worked in a
pay period, shall be given first preference. Provided that two employees have worked or are scheduled
to work for the same number of hours, then the one with the most seniority shall be given preference.
11.10 Relocation To New First Responder Operation
The signatory employers constitute two distinct and separate companies and operations one in Butte
County and one in Sacramento County. The purpose of this section is to provide means for employees
to relocate between the signatory employers, with no loss of wages and benefits, but becoming a new
employee of the operation the employee is relocating in to and the relocating employee bidding
seniority starting over at zero.
A relocation is defined as the re-assignment of a qualified non-probationary employee from their current
FREMS entity in one county to a position with a different FREMS entity in a different county at the
request of the employee. This section only provides for relocation between FREMS operations
represented by NEMSA.
11.11 Relocation Eligibility
In order to be eligible for relocation to another county/operation an employee shall:
1.
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Possess, or obtain on their own, any necessary certifications as required by the
county/operation to which the employee wishes to Relocate;
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2.
Have no pending investigations into any operational or medical performance issues or
have any current certification/accreditation actions or be on probation by the Employer,
county or state;
3.
Not be on a medical quality improvement, operational improvement program, individual
field instruction plan or other similar improvement programs;
4.
Not have received any written warnings (or greater disciplinary actions) within the last
six (6) months as measured from the date of the disciplinary action (employees cannot
relocate to avoid discipline);
5.
Not have relocated between county/operation within the preceding twelve (12) months;
6.
Be approved for Relocation by the Assistant Chief of Operations of the employee’s
current county/operation and of the county/operation to which the employee wishes to
relocate;
7.
Maintain all eligibility standards from time of application through actual relocation date;
8.
Complete a Relocation form supplied by the Employer and submit to the current
Assistant Chief of Operations or designee for approval;
9.
The receiving Assistant Chief of Operations or designee may contact the employee
requesting a relocation and interview such employee prior to approving or denying the
relocation request at the Employer’s discretion;
11.12 Relocate Effective Date
Approved Relocates will be effective in the order received. The effective date of an approved Relocate
will be the date of the first required training session to which the relocated employee is assigned.
11.13 Seniority of Relocated Employee
Employees who relocate from one operation to another under this Article 11 shall maintain their date of
hire from the county they are relocating from for purposes of any applicable time off accruals, benefits,
and wages. Seniority for the purposes of job bidding, layoff, and recall for employees relocating into
another county/operation will begin to accrue on the effective date of the relocation. No
county/operation seniority will be relocated from the previous county/operation unless this Agreement
or the Union approves the re-assignment of such seniority.
11.14 Relocation Accreditation/Orientation
The employee will need to acquire at his or her own expense all training necessary not provided per the
terms of this Agreement or by the Employer to obtain accreditation in the “new” county.
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11.15 Compensation for Required Classroom/Field Training and/or Evaluation
Relocated employees will be paid at the pay step appropriate to their seniority on the pay scale of
the "new" county/operation for all required training attended.
11.16 Relocated Employee Who Fails Training and/or Evaluation
An employee who has relocated and fails any part of the training or evaluation required by the receiving
county/operation will be moved back to their former county/operation such employee relocated from
provided there is an available vacancy. In the event a position is not available, said employee shall be
given an available part-time position in their former county/operation.
11.17 Relocation in Lieu of or to Prevent Layoff
An employee who has been notified of layoff may be allowed to relocate to a posted opening in the
same classification in another county. Such Relocation will only be made if the requesting employee
meets all provisions contained in Article 11.
ARTICLE 12 - PAID TIME OFF (PTO) AND HOLIDAYS
12.1
Paid Time Off (PTO)
All regular full-time employees covered by this Agreement who have completed six (6) months of fulltime status shall be eligible for Paid Time Off (PTO), PTO shall accrue from the date of hire (or return
to full time whichever is more recent) without loss of pay in accordance with the schedule provided in
Section 12.2. PTO may be used by employees (after the first six (6) months of full-time employment)
for personal time, vacation, or sick time as the employee wishes. Per diem and part time employees do
not accrue PTO, and if an employee moves from per diem or part time to full time he or she must satisfy
the six month requirement each time he or she moves back to full time.
12.2 Return to Full-Time Status
Employees that leave full-time status and return to full-time status shall be subject to the provisions of
section 12.1. Employees returning to full time status shall accrue PTO based on total years of full time
service.
12.3
Paid Time Off (PTO) Schedule
Regular full-time employees hired shall have Paid Time Off (PTO) benefits (i.e. vacation, sick and
personal time) computed in accordance with the following schedule:
Years Full Time Service
PTO Benefit Accrued Per Pay Period
0 through 3 years
3 through 6 years
7+ years
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6.46 Hours
7.54 Hours
8.62 Hours
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Upon an employee’s shift/unit change, any accrued but unused PTO will be converted to allow the
equivalent time off based on the same number of weeks.
Medivan
Regular full-time employees hired shall have Paid Time Off (PTO) benefits (i.e. vacation, sick and
personal time) computed in accordance with the following schedule:
Years Full Time Service
PTO Benefit Accrued Per Pay Period
0 through 3 years
3 through 6 years
7+ years
12.4
4.62 Hours
5.38 Hours
6.15 Hours
PTO Use
An employee may utilize accrued PTO on a full or half shift basis provided the employee notifies the
Employer thirty (30) calendar days or greater prior to use. Requests for PTO use shall be approved to
the extent local staffing requirements permit on a first come, first served basis. Multiple requests for the
same day(s) off shall be approved based on the date of earliest request, not to exceed 365 days in
advance. Short notice requests for PTO usage that are related to emergencies and other unexpected and
unplanned events shall not be unreasonably denied by the Employer, but the Employee shall notify the
Employer at least 2 hours prior to the scheduled shift. Notice of less than two (2) hours prior to the start
of a scheduled shift may lead to corrective action. Once an employee’s request has been approved, it
cannot be canceled for reasons other than a major emergency.
Where an employee would otherwise be receiving time and half, he or she may elect to use 1.5x the
normal amount of PTO for each hour he or she would otherwise have received overtime.
If an employee transfers from EMT to Paramedic, then the Employer may have their PTO bank
converted based on their new wage and applied to their PTO Bank as a Paramedic.
12.6
PTO Maximum Accrual
No more than the accrual shown below can be accrued and accrual will cease when such maximum is
reached
Ambulance Staff (EMTs and Paramedics)
Continuous full-time Service
PTO Maximum Accrual Amount
0 through 3 years
3 through 6 years
7+ years
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168 Hours
196 Hours
224 Hours
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Medivan
Continuous full-time Service
PTO Maximum Accrual Amount
0 through 3 years
3 through 6 years
7+ years
12.7
120 Hours
140 Hours
160 Hours
PTO Pay at Termination
An employee whose employment has been terminated or who resigns and who has unused accrued PTO
pay shall receive such pay in addition to any other pay due in his/her final check. All pay outs at time of
termination, either voluntarily or involuntarily, shall be paid at the base rate.
12.8
Holidays
The following days shall be considered paid holidays for employees who work on the holiday .
New Years Day
Memorial Day
Independence Day
Easter Sunday
Labor Day
Thanksgiving Day
Veterans Day
Christmas Day
Employees on duty during the holiday will receive additional compensation of .5X per hour in addition
to normal base rate for hours worked during the hours of the holiday.
12.9
Eligibility for Holiday Compensation
Employees who are scheduled to work on the holiday and fail to report shall not receive holiday pay.
12.10 Holiday Duration
The duration of the holiday shall be from midnight to midnight and an employee shall be entitled to
holiday pay only for hours worked in that time period.
ARTICLE 13 - LEAVES OF ABSENCE (LOAs)
13.1
Emergency Medical Services (EMS) Education Leave
All employees, after successfully completing their probationary period, are eligible to request a
voluntary leave of absence for the purposes of continuing their education and upgrading from their
current certification level to EMT or Paramedic. Requests must be made in writing to the employee’s
Battalion Chief and must state the reason for the leave request in order to be reviewed and considered by
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the Employer. The maximum allowable leave of absence for EMS education leave is 120 consecutive
calendar days. Such a request is considered an excused absence from work without pay wherein the
employee is responsible for the full insurance premium amount (100%) consistent with COBRA
procedures.
13.2
Family, Pregnancy, and Medical
Employees may request a leave of absence under the provisions of the Federal Family and Medical
Leave Act of 1993 or the California Family Rights Act as amended in 1993, provided they meet all of
the criteria required by these Acts. In all cases, the employee should make a reasonable effort to provide
the Employer with not less than 30 days notice of the intent and reason for the leave. The Employer
shall have the right to request that the Employee obtain medical opinions and certifications supporting
the leave request.
In all cases of leave under the provisions of the Family and Medical Leave Act of 1993 or the California
Family Rights Act as amended in 1993, the employee shall be returned to their former or an equivalent
position upon return from the leave. The Employer reserves the right to require that employees utilize
available PTO benefit time in substitution for any part of the 12 week period required by the Act.
Medical benefits for employees on Family and Medical Leave will continue to be provided by the
Employer on the same basis as when the employee was actively at work. If the employee is normally
responsible for a portion of the health insurance premium, the employee must continue to make such
payments to maintain coverage.
Where the employee has been on leave because of personal illness or injury, the Employer reserves the
right to require the employee to submit to a physical examination and/or provide an Employer’s
Unrestricted Return to Work Clearance Form completed and signed by a physician prior to returning to
work.
An employee who does not return to work on the first shift scheduled after a Family and Medical leave
will be considered to have voluntarily resigned from employment. The sole exception will be if the
employee is prevented from returning to work due to expired licenses, certifications or accreditations, in
which case the employee shall have thirty (30) days from the date of the leave expiration to restore any
required license, certification or accreditation. The Employer retains the right to terminate any
employee who fails to restore the required license, certification, or accreditation within the thirty (30)
day period immediately following expiration of such license, certification, or accreditation.
13.3
Worker’s Compensation Leave
Employees who suffer an illness or injury resulting from the performance of their job responsibilities
will be granted a leave of absence not to exceed twelve (12) months. This leave will not exceed the
period of disability. An employee who fails to return at the end of a scheduled leave of absence or any
agreed upon extension of a leave of absence shall be considered separated from employment. If an
employee accepts employment elsewhere during the leave without prior approval of the Employer, the
employee shall be considered separated from employment.
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The Employer will continue to provide health benefits for employees on Worker’s Compensation leave
as long as the employee continues to pay any applicable contribution up to a maximum of twelve (12)
months.
Whenever feasible, the Employer intends to offer a light-duty or modified position to employees injured
at work. Time worked in such a position will be paid at the applicable job position pay rate. The
Employer agrees that no employee will be assigned light or modified duty work at locations greater than
fifty (50) miles travel one direction from the employee’s usual place of business unless otherwise agreed
to by the employee.
13.4
Military Leave
Military Leave will be granted in accordance with the Uniform Services Employment and
Reemployment Rights Act of 1994 (USERRA), as amended, and applicable provisions of federal, state
and local law. Reinstatement shall be governed by the federal, state, and local laws referenced above.
The service member (or a representative of his or her service) must give advanced written or verbal
notice to the Employer. USERRA does not specify how much advance notice is required, but service
members are advised to provide as much advance notice to the Employer as possible. Notice is not
required if it is precluded by military necessity or, if giving such notice is otherwise impossible or
unreasonable. Because the advance prior notice can be written or verbal, the Employer cannot demand
documentation as to the prior notice. However, documentation on return is different - the Employer can
demand proper documentation for absences of 31 days or longer. The documentation must reflect that
the application for reemployment is timely, the absence has not exceeded five (5) years, and the person’s
service was not disqualifying. Employers cannot delay reemployment if the documentation is
unavailable.
13.5
Extension of a Leave of Absence
A leave of absence may be extended by mutual agreement between the Employer and the employee.
13.6
Rights Upon Return from a Leave of Absence
For employees returning from any approved leave of absence provided under this Agreement other than
those for which federal or state law mandates the terms and conditions of such a return to work,
provided the employee gives seven (7) calendar days notice of his/her intent to return, the Employer
shall make every reasonable effort to return employees to an available, vacant position for which the
employee is qualified. When an employee returns from any approved leave of absence, he/she shall
receive the rate of pay (plus any applicable contract-date wage increases) and shall be entitled to all
seniority and benefits he/she had acquired and/or accrued prior to taking such a leave.
An employee who is returning from an approved leave of absence will participate in the next regular
shift bid, however the employees seniority will not be recognized for that bid. The employee shall
maintain their seniority date for subsequent shift bids.
13.7
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Successive Leaves of Absence
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Any leave of absence beginning within ninety (90) days of returning from any other leave of absence
will be considered by the Employer to be a continuation of the prior leave.
13.8
Jury Service
Employees will be granted time off, without pay, for any time required to serve obligatory jury duty.
Employees will be allowed to use their PTO while serving on Jury Duty. Shifts missed due to
confirmed Jury Duty shall be considered as hours worked.
Employees who receive a jury duty notice shall notify the scheduling department or their designee
within forty-eight (48) hours of receipt of the notice. This will allow the appropriate party to anticipate
and arrange for relief in the case of absence, should that become necessary. Employees must call the
scheduling department or their designee daily to report their jury duty status and when they anticipate
returning to work.
13.9
Bereavement
In the event of death in an employee’s immediate family (defined as the employee’s spouse, child
(including still birth), stepchild, parent, step-parent, mother-in-law, father-in-law, sister, brother,
stepsister, stepbrother, grandparent, grandchild, or registered domestic partner, or non-related child in
the legal custody of the employee; bereavement leave will be paid provided the employee has
successfully completed his/her probationary period. The employer shall provide the equivalent of one
(1) regularly scheduled shift of bereavement leave paid as hours worked in such cases at their normal
base rate. The employee may continue bereavement leave unpaid or use their PTO to a maximum of
two (2) shifts.
Time off without pay may be granted in cases of bereavement for individuals not included in the
definition of the immediate family or for probationary employees provided that advance notice has been
made to the Employer.
13.10 Other Leaves
The Employer shall provide Organ Donor Leave, School Activities Leave, Domestic Violence
Leave, and any other leaves for the period and to the extent required by state or federal law at the time of
the leave request.
ARTICLE 14 EMPLOYEE BENEFITS
14.1
Insurance Benefits
The Employer will provide insurance benefit coverage in accordance with the Benefit Plan documents.
The Employer agrees that there will be no reduction in the level of benefits provided except for those
reductions in benefit levels complying with the terms and conditions of this Agreement or voluntarily
chosen by Employees. Any and all disputes arising over payment of services provided pursuant to the
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plans offered shall not be subject to the grievance and arbitration process but shall be settled pursuant to
the provisions of the benefit Plan document.
A.
Medical Insurance
Effective upon ratification of this Agreement, all employees currently participating in the
Employer’s Health Insurance plans will continue their coverage until the end of the current plan
year.
Medical coverage shall be provided per the plan terms of the Employer’s Health Insurance Plans
as described in the plan documents that are current at the time ratification of this Agreement.
Should any insurance plan terms and conditions substantially change during the term of this
Agreement, the Employer will meet and confer with the Union regarding the changes to terms
and conditions. The Employer may change benefit terms, plans, levels, and conditions during
the life of the contract, subject to the meet and confer process. After selecting health and medical
insurance plans, and prior to open enrollment, the Employer agrees to provide copies of all
proposed health plans to the Union and meet and confer with the union over the proposed health
plans. The Union recognizes and agrees that due to the volatile nature of the health care and
insurance industry and the uncertainty surrounding the legal requirements the Employer needs
significant flexibility to determine plans, coverage, deductibles and so forth, in order to manage
premiums costs for the Company and employees.
The employer will offer voluntary medical coverage for regular full time employees as defined in
Article 11.2.
B.
Basic Medical Insurance Options
i.
The Employer will provide medical insurance for employees that is generally equivalent
in coverage to the Kaiser $0/$2700 HSA-Qualified Deductible HMO Plan ("Basic Plan”) and
pay 100% of the premiums for that coverage in the first plan year (2012) and subsequent years
(to the extent the premium increase year over year does not exceed 10%). The premium amount
the employer pays for just the employee for the Basic Plan shall be called the (“Single Basic
Contribution Rate.”)
ii.
The Employee will bear sixty five percent (65%) of the cost of Employee +1 and
Employee + Family Basic Plan premiums for the Basic Plan in the first year and each subsequent
year (subject to Section 14.1.B (iii) below). The Employer will be responsible for thirty five
percent (35%) of the premium cost in the first year and each subsequent year (subject to Section
14.1.B (iii) below) for the Employee +1 and Family premiums for the Basic Plan (“Family Basic
Contribution Rate”).
iii.
The Employer agrees that it will absorb the first ten percent (10%) of any annual increase
in its health and medical insurance premiums for the 2013 and 2014 plan year (which may or
may not correspond to the calendar year depending on what insurance options are available to
the Company). Increases beyond ten percent (10%) over the previous plan year will be passed
on to employees in the form of higher monthly premiums.
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iv)
As to the five employees previously identified by FREMS to NEMSA who previously
had been receiving a higher level of employer contribution toward their medical coverage,
notwithstanding anything in this agreement, the Employer will “red-circle” their contribution
rates and continue to pay the higher percentage of contribution for these employees.
C.
Buy Up/Buy Down Medical Insurance Options
i.
The Employer shall have the option in its discretion of providing alternative “buy up” and
“buy down” plans. The exact nature, coverage, deductible, and type of plans shall be in the
Employer’s discretion, but the Employer agrees to meet and confer with the Union to discuss any
significant changes in health plans or coverage.
ii.
If the Employer offers and the employee elects to buy up or down on insurance, should
the premium amount for that insurance be greater than (depending on which coverage is
selected) the Single or Family Basic Contribution Rate amount for that year, the Employee shall
pay the entire difference between the Single or Family Basic Contribution Rate monthly
premium and the premium costs for that plan.
E.
Dental Insurance
The Employer shall pay one hundred (100%) percent of the premium for the dental insurance for
employees. The employee shall be 100% responsible for the cost of dental insurance for any
spouse/significant other or dependents.
D.
Vision Plan
The Employer will offer the vision plan, currently through VSP. The Employer shall pay one
hundred (100%) percent of the premium for the vision insurance for employees. The employee
shall be 100% responsible for the cost of the VSP for any spouse/significant other or dependents.
E.
Long Term Disability Insurance
Employees may purchase Employer sponsored individual long-term disability insurance on a
voluntary individual basis. The entire cost of such individual long-term disability insurance shall
be borne by the employee. The Employer agrees to continue to offer a voluntary payroll
deduction for the payment of premiums associated with the individual long-term disability
insurance plan when requested by employees.
F.
Short Term Disability Insurance
Employees may purchase Employer sponsored individual short-term disability insurance on a
voluntary individual basis. The entire cost of such individual short-term disability insurance
shall be borne by the employee. The Employer agrees to continue to offer a voluntary payroll
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deduction for the payment of premiums associated with the individual short-term disability
insurance plan when requested by employees.
G.
Life and AD Insurance
The Employer will offer to eligible full-time employees life and accidental death insurance in the
amount of fifty thousand ($50,000) dollars at no cost. Employees have the option to purchase
additional supplemental life and/or accidental death insurance coverage for themselves and/or
their spouses and dependent children through payroll deduction.
H.
Misc.
The Employer agrees to offer all insurance benefits on a pre-tax basis where allowable. Domestic
partner benefit coverage will be offered to employees as required by law.
14.2
Flexible Spending Account
Should the Employer offer a medical plan to employees that is compliant under law with Flexible
Spending Accounts (FSA), Employees may defer up to the maximum amount allowed by law on a pretax basis per IRS Section 125 guidelines for the purpose of paying for dependent care costs for qualified
dependents.
Employees may defer up to the maximum amount allowed by law per calendar year on a pre-tax basis
per IRS Section 125 guidelines for qualified health related expenses not otherwise covered under any
health plan (i.e., medical, dental, vision).
14.3
Workers’ Compensation
Premiums for workers’ compensation insurance are paid in full by the Employer. Employees who are
injured in a job-related situation or illness must immediately notify their Supervisor.
14.4
Employee Assistance Program (EAP)
The Employer shall offer an Employee Assistance Program.
14.5
401(k) Plan
No later than July 1, 2013, unless precluded by law, all eligible employees will be deemed eligible for
participation and enrollment in a company sponsored 401(k) plan after they have been employed for an
uninterrupted period of one (1) year during which they have worked at least 700 hours.
In each payroll period after July 1, 2013, the Employer will make a matching contribution for the benefit
of each participant who makes elective contributions for the period. The amount of matching
contributions made by the Employer for the period shall be equal to five-percent (5%) of elective
contributions (dollar for dollar) made by the participant up to plan limits for such period. If there is any
discrepancy or conflict between the plan document and this Agreement, the plan document will govern.
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14.6
PPACA & Healthcare and Wage Re-Opener
If Health Care Insurance premiums increase in cost in the 2013 or 2014 plan year beyond ten percent
(10%) over the previous plan year, either party, upon written request via certified letter to the other, may
re-open sections 14.1, 15.3, and 15.4 of this Agreement within 60 days of the renewal date of health care
plans covered by this Agreement.
In addition to any rights reserved above, the Employer may make changes, reductions, modifications,
deletions, or improvements with respect to employee medical, prescription, dental, or vision insurance
(including but not limited to insurance plans, benefit levels, deductibles, co-payment levels, etc.) or
flexible spending accounts to: (1) comply with the Patient Protection and Affordable Care Act as
amended (PPACA), and any other applicable federal or state health care laws; (2) avoid having to pay
Cadillac taxes; and (3) insure it is not subject to free rider penalties because employees are eligible to
obtain insurance through an insurance exchange.. Any changes, reductions, modifications, deletions, or
improvements with respect to Employee medical, prescription, dental, or vision insurance (including but
not limited to insurance plans, benefit levels, deductibles, co-payment levels, etc.; or flexible spending
accounts) are subject to the meet and confer process.
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ARTICLE 15 – COMPENSATION
15.1 Employee Placement on Wage Scale
Upon ratification of this agreement, all employees will be placed on the wage scale as seen in
attachment A of this agreement based upon their current pay rate. Employees will advance based on
years of service according to the terms of this Agreement.
15.2 Employees Hired After Contract Ratification
Employees hired after ratification of the agreement will be placed on the wage scale on the introduction
step unless otherwise assigned per the terms of this Agreement.
15.3
Market Adjustment For Employees
As a one-time market adjustment for employees, effective upon ratification, all existing wage scales will
be increased by two percent (2%) effective the first day of the first pay period following ratification
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(shown in Attachment “A”).
15.4
Yearly Wage Increases
Employees shall continue progressing through the steps on the wage scales as identified in the
applicable scale based upon their years of continuous employment
15.5
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Overtime
A.
For Sacramento County Field Employees – Daily overtime shall not be applicable to any shifts
that may be established for field employees that are in excess of twelve (12) hours per work
day. However, weekly overtime for hours worked over forty (40) in a work week shall be paid at
the rate of time and one half (1.5) the average weekly hourly rate. Shifts that are scheduled for
twelve (12) hours or less cannot be worked back to back with any other shift in the same
workday, regardless of length unless mandated by the Employer. Workday for the purposes of
this provision shall be defined as midnight to midnight, and “Back to Back” shifts shall mean
where another shift starts or ends in the same work day as a twelve hour shift begins or ends
unless mandated by the Employer.
15.6
Movement from EMT to Paramedic Wage Scale
EMTs who become paramedics shall be placed on the paramedic wage scale as follows:
15.7
A.
If the employee’s wage as an EMT is lower than the starting rate of pay for Paramedics at
the time of advancement, the employee will be placed at the Paramedic starting rate of
pay.
B.
If the employee’s wage as an EMT is higher than the starting rate of pay for Paramedic,
the employee will be placed at the next highest Paramedic pay step closest to the EMT’s
wage rate at the time of advancement.
Captain Differential
To the extent the Employer elects to have Captains, Employees who meet the Captain job description
qualifications and are selected by the Employer to be Captains will be paid an additional two-dollar
($2.00) per hour for all hours worked while on duty.
ARTICLE 16 UNIFORMS
16.1
Uniforms
All full-time and part-time field employees shall wear the uniform provided by the Employer while on
duty. Wearing uniforms while not on duty or while performing non-Employer related business is
prohibited.
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Properly sized uniforms shall be provided to employees at the time of hire. No unauthorized buttons,
patches, or pins may be worn on the uniform (excluding (1) One union insignia, no larger than
approximately the size of a nickel, or military style bar as approved by management. (USD).
16.2
Replacement of Damaged and Worn Uniform Components
Damaged and significantly worn uniform components will be replaced using the Employees uniform
allowance unless otherwise specified in this article. The Employer will replace uniforms with new
uniforms in the event of significant damage during the line of duty, which renders the uniform unusable
without cost to the employee.
16.3
Uniforms Provided
Uniforms will be issued in accordance with the policy in effect on the employees date of hire.
16.4
Uniform Allowance
Full-time Field Employees will be reimbursed, upon presentation of a receipt, up to $175.00 per
calendar year. Per diem employees at the discretion of the Employer.
16.5
Return of Uniforms
It is agreed that all uniforms or equipment provided by the Employer must be returned by the employee
upon termination or at the request of the Employer. Employees may be required to sign a written
authorization allowing the Employer to deduct from the employee’s final paycheck the cost of
Employer-provided uniforms and equipment the employee fails to return upon separation from
employment. The authorization shall disclose the value of the items furnished. The amount deducted
for Employer-provided uniforms and equipment shall take into consideration normal wear and tear.
16.6
Employee Appearance
The Union and Employer agree that the Employer has the right to establish and maintain standards
concerning personal grooming and appearance and the wearing of uniforms and accessories while on
duty.
16.7
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Registered Nurses Uniforms
The Union and the Employer will meet and discuss to explore the possibility of implementing an
alternate distinctive uniform for nurses within 60 calendar days of ratification of the agreement.
ARTICLE 17 - NO STRIKE - NO LOCKOUT
17.1 General Provisions
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The duties performed by the employees subject to this Agreement involve potential life and death
situations. Any delay in treating patients, transporting them to hospitals or other medical facilities, or
responding to calls can exacerbate the problems of ill and injured patients.
17.2 No Strike
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For the term of this Agreement, neither the Union nor its agents or any of its members will collectively,
concertedly, or in any manner whatsoever, engage in, incite, or participate in any picketing, strike, sitdown, stay-in, slowdown, boycott, work stoppage, paper strike (deliberate failure to submit timely,
quality, accurate, and complete medical reports and billing information), or sympathy strike against the
Employer at any Employer location within the bargaining unit covered by this Agreement.
The Employer and the Union agree that:
1.
Under no conditions shall employees delay the transport of any patient because of a
picket line or any other such job action.
2.
Under no circumstances shall employees delay a response to a request for service due to
any Union job action. Employees are expressly prohibited from delaying the response to any
request for service or the provision of any care and/or transport as required.
3.
Employees may, after crossing picket lines to deliver patients, following such patient
delivery, return to the picket line and explain to picket captains or other picketers why the picket
line was crossed. Employees shall at all times remain available for dispatch by the Employer’s
Communication Center and immediately respond to patients or standby post locations as
requested.
17.3 Strike Activity In Violation Of Agreement
Employees who violate this Article shall be discharged from employment. Any such discharge may be
grieved under the Grievance Procedure; however, the sole issue for determination in any such grievance
shall be whether the grievant’s conduct was in violation of this Article.
Should there be a strike, sit down, sit in, slow down, cessation or stoppage or interruption of work,
boycott or other interference with the operations of the Employer, after notification to an officer of the
Union by the Employer, the Union shall immediately:
1.
Advise the Employer in writing that such actions have been neither called for nor
sanctioned by the Union.
2.
Notify each employee involved of the Union’s disapproval of such actions and instruct
the employee to cease such action and to return to work immediately if this has not already been
done. If requested by the Union to help in the delivery of such notification to the employees, the
Employer will facilitate the same.
17.4 No Lockout
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The Company will not lock out any Employees during the term of this agreement.
ARTICLE 18 - NO DISCRIMINATION/HARASSMENT
18.1
Gender Intent
Whenever words denoting a specific gender are used in this Agreement they are intended and shall be
construed to apply to mean any gender with which a worker identifies.
18.2
Non-Discrimination/Harassment/Retaliation
The Employer and the Union agree that neither party shall discriminate, harass, or retaliate against any
person because of race, color, sex, religion, age, disability, national origin, citizenship, veteran status,
sexual orientation, or any other status protected by federal, state or local law.
The Union acknowledges that the Employer may be obligated to reasonably accommodate disabled
employees in accordance with the American with Disabilities Act. The Union agrees that the Employer
may undertake such reasonable accommodations notwithstanding the terms and conditions of this
Agreement except for seniority rights which shall be recognized and respected when evaluating the
reasonableness of any accommodation.
18.3 Grievance/Arbitration Election and Waiver
Grievances alleging unlawful discrimination or harassment in violation of this Agreement may be
pursued and resolved through the grievance and arbitration procedure contained in this Agreement,
provided that all requirements for the filing and maintenance of a grievance through arbitration are
satisfied and that the employee and/or Union have not initiated or filed a complaint or legal action based
on the same event(s) with a federal, state or local agency or court. The initiation or filing of a complaint
or legal action alleging unlawful discrimination or harassment with a federal, state, or local agency or
court shall waive the employee’s and/or Union’s right to pursue the same matter as a grievance pursuant
to this Agreement. Any grievance alleging unlawful discrimination or harassment shall be deemed
withdrawn at any step of the grievance and arbitration procedure upon the filing of such a complaint or
legal action. Employees and the Union are not required to exhaust the grievance and arbitration
procedure of this Agreement before initiating or filing a complaint or legal action alleging unlawful
discrimination or harassment with any federal, state, or local agency or court.
ARTICLE 19 - COMMITTEES
19.1
Labor/Management Committee (LMC)
The Employer and the Union shall establish a Labor/Management Committee (LMC) for the
Sacramento County region comprised of employee Union representatives and Company representatives.
The function of the LMC shall be to develop and suggest potential solutions to identifiable operational
concerns and other work-related issues. The LMC shall meet quarterly in accordance with a prepared
agenda to address specific concerns and issues. The employee representatives on the LMC shall include
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union shop stewards. Union committee members will be paid as time worked for time physically spent
in committee meetings not to exceed two (2) hours per quarter and two employees.
19.2
Health and Safety Committee
A Health and Safety Committee (HSC) shall be formed in Sacramento operational areas to allow
individual employees to request further information on safety issues as well as to allow ongoing review
of safety-related concerns. Union committee members will be paid as time worked for time physically
spent in committee meetings not to exceed two (2) hours per quarter and two employees.
The committee will be responsible for an on-going review of health and safety issues, as well as
investigating safety concerns referred to them by an employee or by the employer. This includes the
following and other items only as they relate to health and safety:
A. Worker’s Compensation claims (only to determine what steps the employee and/or company
can take in the future to reduce the likelihood of recurrence).
B. Accidents (only to determine what steps the employee and/or company can take in the future
to reduce the likelihood of recurrence)
C. Review of possible of possible protective items.
D. Equipment currently used in the performance of duties
E. Any request for an additional piece of equipment that could be used in the performance of
duties
F. Job related procedures
G. Review of safety and ergonomic related training needs
H. Any perceived safety issue that may affect the employees or the general public.
19.3
Makeup of Committees & Process
Each HSC committee and the LMC committee shall consist of two (2) management personnel and two
(2) bargaining unit employees—the appointees may be different for each committee. The Union
members shall be appointed by the Union membership. Any employee and management personnel may
attend the meetings as non-voting members. However, neither side may ever have more than eight
people at such meetings absent agreement of both parties in writing. Except as provided in section 19.1
and 19.2, all time spent at any committee meetings by Union employees shall be unpaid.
The HSC and LMC committees shall be empowered to make recommendations to management. A
consensus or majority vote of the entire four (4) member committee will be “the results of the committee”
(a minimum of three (3) of the four (4) votes is required.). The committees shall have no authority to
implement any recommendations and under no circumstances will such recommendations be binding on
the employer or subject to the grievance and arbitration process.
Committee members may invite the participation of other individuals for the purpose of contributing to
the process.
These committees shall meet no less frequently than quarterly unless a majority vote by the committees
extends the meeting schedule.
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19.4
Committee Recommendation(s)
Recommendations will be handled in accordance with the following procedure:
A designated HSC or LMC Committee person will present the recommendation in writing to the
Employer Representative or his/her designee. If the Employer Representative elects not to follow the
recommendation of the committee, the reason(s) must be included in a written response.
All issues arising under or addressed in any part of this Article 19, including but not limited to decisions
of the Employer to accept or reject any recommendations in its sole discretion, shall not be subject to the
grievance and arbitration procedure contained in Article VI or subject to challenge in any way.
ARTICLE 20 - CONTRACT BARGAINING UNDERSTANDINGS
20.1
Separability
This Agreement shall be subject to all present and future applicable federal and state laws, or Executive
Orders of the President of the United States and other appropriate rules and regulations of bona fide
governmental authority. Should any provision of this Agreement become unlawful by virtue of the
above or by declaration of any court of competent jurisdiction, such action shall not invalidate the
remainder of the Agreement. Any provision(s) that becomes unlawful by virtue of the above shall cause
the parties to meet and negotiate replacement provisions that are valid. Any provision(s) of this
Agreement not declared invalid shall remain in full force and effect for the life of this Agreement.
20.2
Amendments
Any changes or amendments to the Agreement shall be in writing and duly executed by the parties
thereto.
20.3
Waiver
This Agreement sets forth the parties’ agreement and understanding with respect to the matters referred
to herein. The parties acknowledge that during the negotiations which resulted in this Agreement, each
party had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, for the life of this Agreement, each party voluntarily and unqualifiedly waives
the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any
subjects or matters specifically referred to or covered in this Agreement, including local
county/operation beneficial practices when a specific provision of this Agreement acknowledges the
existence of such practices.
Nothing contained herein shall prevent the parties, by mutual agreement, from negotiating on any
subject matter, nor will it void any specific provisions in this Agreement that expressly provide for
bargaining.
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The fact that a proposal was made and withdrawn by a party during the course of negotiations leading to
the execution of this Agreement shall not be used to prove that the party making and withdrawing the
proposal has in any manner given up any rights granted to the party elsewhere in this Agreement or
otherwise.
ARTICLE 21 - CRITICAL INCIDENT STRESS DEBRIEFING
21.1
Stress Counseling
The Employer will participate in the Countywide Critical Incident Stress Debriefing program. At the
Employers discretion, employees may be required to attend debriefing sessions. Any employee required
to attend will be paid as time worked at their regular rate of pay. Employees who choose to voluntarily
attend debriefing sessions will not be compensated.
ARTICLE 22 – SUBSTANCE FREE WORKPLACE AND TESTING
22.1
General Provisions
Union and the Employer agree that it is important to maintain a drug, alcohol, and substance abuse free
work environment for the safety of employees and patients.
In order to discourage the use of non-prescribed / controlled substances and alcohol in the workplace,
the Union and the Employer agree that employees shall be tested for the presence of drug and alcohol if
there is probable cause based on a reasonable suspicion that the employee has drugs and/or alcohol in
his/her system.
Probable cause shall exist when specific behavior performance or objective observed physical indicators
consistent with being under the influence of drugs or alcohol are demonstrated on the job and
documented by the Employer. The Employer will provide a management assessment of observable and
identifiable indicators consistent with an employee possibly being under the influence of drugs or
alcohol after the report of third parties is received prior to the employer making a determination of
probable cause. The basis for the employer finding probable cause shall be documented in a report and
a copy of the report made available to the union.
In addition, the Employer may continue its policy of requiring drug tests with the employee’s annual
medical examination. In the event an employee is involved in an accident while on duty, the Employee
will be required to be tested. If mandated by an RFP or county, state or federal regulation, or the
Company’s liability insurance carrier, the employer may require random drug testing, but will meet and
confer with the Union prior to implementing such a program.
It is the responsibility of the Employee to notify the employer if they are taking a prescription drug that
may cause impairment or otherwise affect the performance of the Employee’s regular job duties. Failure
to notify the employer may cause the employee to be subject to corrective action.
22.2
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Union Representation Prior To Substance Testing
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Employees shall be allowed to contact a Union representative and obtain Union representation prior to
submitting to any substance test provided the employee chooses to contact a Union representative who
can arrive at the testing facility within thirty (30) minutes. An employee’s contact and request for Union
representation shall not delay the employee’s submission to a substance test beyond thirty (30) minutes.
The employee representative shall be a duly authorized Union steward or Union representative.
ARTICLE 23 - MISCELLANEOUS
23.1
Employer Required Protective Clothing and Equipment
The Employer shall furnish employees with any special items of protective clothing or equipment that
the Employer requires employees to wear or use while on duty.
23.2
Liability Insurance
The Employer shall maintain liability insurance which covers employees covered by this Agreement
when they are performing their normal duties. The terms of the policy govern and are not subject to
arbitration.
23.3 Incident Reports
On duty employees shall submit Company incident reports prior to going off duty. If requested by the
on duty BC or his or her designee, the Employee may be granted an additional (1) hour of time beyond
the Employees normally scheduled end of shift at the sole discretion of the Battalion Chief. The
employer will comply with the applicable provisions of the National Labor Relations Act (NLRA) and
allow employees to consult with a union shop steward or representative prior to submission of the
incident report, provided it can be accomplished without delaying the preparation of the report by more
than one hour beyond the close of the shift.
23.4
Access to Personnel Files
Access to personnel files shall be as per state law.
23.5
Employee Safety and Extreme Fatigue
Employees are responsible for arriving to work well rested and ready to work their assigned shift.
Employees are solely responsible for their off duty conduct and are expected to arrive at work, and be
able to capably perform all duties and assignments during their shift. It is not appropriate for employees
to refuse to run calls or perform work assignments due to fatigue.
An employee who is no longer able to perform the basic job responsibilities due to extreme cases of
fatigue must immediately notify the on duty Battalion Chief. The employee shall be instructed by the
on-duty Battalion Chief or his designee on the appropriate course of action for an employee who is too
fatigued to work. The employee shall immediately be relieved of all duty assignments and immediately
taken out of service and clocked out If the employee can not perform their job duties safely, the
employee will remain under the direct supervision of the battalion chief and become unpaid for the
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duration of the shift or until the Battalion Chief at his or her discretion determines that the Employee is
capable of returning to duty.
Employees declaring extreme fatigue shall be prohibited at the Employers discretion from working extra
shifts for the following 30 days. A repeated pattern of an employee declaring extreme fatigue may result
in the employer ordering a medical evaluation of the employee for the purposes of employee and patient
safety.
23.6
Station Communications
The employer will provide facsimile machines and/or internet access, in all crew quarters, workstations
and deployment centers as necessary for employees to perform their work assignments.
23.7
Employer/Union Partnership
The Union and Employer agree that it and its agents and represented employees who work for FREMS
may become involved in competitive bidding processes or RFPs during the term of this Agreement. The
Union and Employer will make no attempt to defame or libel the other party or its agents during any bid
process or RFP, or before any local or state proceeding considering a bid or proposal by the Employer.
Nothing herein prohibits either party from exercising their rights under law nor shall this section apply
to matters pending before the National Labor Relations Board or Department of Labor. The Union shall
either issue an affirmative letter in support of the Employer or remain a neutral party during any RFP or
bidding process involving the employer. The Union remaining neutral shall not be construed as the
union taking a position in opposition to the Employer during the RFP process. Nothing in this agreement
shall prevent employees from exercising their concerted protected rights under the National Labor
Relations Act and applicable law.
The Union further agrees that if in any collective bargaining agreement during the life of this Agreement
the Union provides terms to any other employer in the same industry operating, or seeking to operate, in
Sacramento County, that are more favorable than any of the terms provided herein, it shall advise the
Employer of the same within 14 days, and Employer shall have the option to accept the more favorable
terms.
23.8
Employee Performance Evaluations
The employer may, at its discretion, execute employee performance evaluations on bargaining unit
employees. Such performance evaluations will be based on a uniform set of criteria provided to the
Union prior to the commencement of the evaluations. Employee performance evaluations will be used
as a constructive tool to improve employee performance and identify performance deficiencies but will
not be used for purposes of corrective action. Nothing herein limits the Employer’s right to use other
forms of evaluations for purposes of corrective action including trainee evaluations or plans for
improvement or reviews of probationary employees.
ARTICLE 24-OPERATIONAL POLICIES, PROCEDURES, AND WORK RULES
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24.1 Employer Policies, Procedures, and Work Rules
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Within ninety (90) days following execution of this Agreement, the Employer shall provide the Union
with copies of all operational policies, procedures, and work rules proposed to apply to bargaining unit
employees during the term of this Agreement. Within thirty (30) days following receipt of the proposed
operational policies, procedures, and work rules, the Union shall have the right to meet and confer with
the Employer. Following the meet and confer process, the Employer may apply those operational
policies, procedures, and work rules to bargaining unit employees for the term of this Agreement. All
operational policies, procedures, and work rules shall be in writing and fully accessible to employees
prior to implementation.
24.2 Employer Proposed Policy Additions, Modifications, or Deletions
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During the term of this Agreement, the Employer shall notify the Union of any proposed additions,
deletions, or modifications to existing operational policies, procedures, and work rules. The Employer
shall provide the Union with copies of such proposals at least thirty (30) days prior to implementation.
Within fifteen (15) days following the Union’s receipt of the proposed additions, deletions, or
modifications, the Union shall have the right to meet and confer with the Employer for up to thirty (30)
days over identifiable impacts on matters within the scope of representation. Employees shall be
provided with copies of all new or modified operational policies, procedures, and work rules at least
fifteen (15) days prior to implementation. Following the meet and confer process, the Employer may
apply those operational policies, procedures, and work rules to bargaining unit employees for the term of
this Agreement.
24.3 CBA Prevails Over Inconsistent Policies, Procedures, and Work Rules
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The provisions of this Agreement shall prevail over any inconsistent operational policies, procedures,
and work rules.
ARTICLE 25 - ADMINISTRATIVE LEAVE
25.1 Administrative Leave Procedure
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The Employer may place employees on unpaid administrative leave pending investigation into
allegations of gross misconduct that could lead to corrective action of a multi-day suspension or greater.
Employees shall be provided written notice of the reason for the investigation when placed on
administrative leave. Employees shall also be advised of the obligation to cooperate in the investigation
and remain available for an administrative interview while on administrative leave. The Employer shall
concurrently provide the Union with a copy of the written notice.
Employees shall be allowed to use available accrued paid time off (PTO) while on administrative leave
solely at the employee’s option. In the unusual event that the administrative leave continues beyond ten
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(10) calendar days, the employee shall be returned to full paid status and remain off duty for the
remainder of the administrative leave. However employees placed on administrative leave following
suspension of their clinical privileges by the state or local EMS Agency or as a result of an investigation
initiated by a state or local government agency, or following an arrest for alleged criminal misconduct,
may be continued on unpaid administrative leave until completion of the investigation or proceedings
At the conclusion of the administrative leave, employees shall be returned to their regular assignments
and/or served with notice of corrective action. For investigations initiated by the Employer not
involving EMS or Law Enforcement Agencies, the Employer agrees that any such administrative leave
shall not exceed nineteen (19) calendar days. Employees shall be fully reimbursed for all lost PTO
and/or pay while on administrative leave that is in excess of corrective action issued, unless the
administrative leave is the result of a suspension of their clinical privileges by the state or local EMS
Agency or as a result of an investigation initiated by a state or local government agency, or following an
arrest for alleged criminal misconduct. Employees may grieve the corrective action as provided in this
Agreement.
At the conclusion of the administrative leave, employees shall be returned to their regular assignments,
and / or served with notice of corrective action. Employees may grieve the corrective action as provided
in this Agreement.
ARTICLE 26 - DISASTERS
26.1
Local Disasters
In the event of a local disaster or catastrophe as declared by a governmental agency such as earthquake,
fire, flood, explosion, widespread power failure or other acts of God outside the Employer’s control that
reasonably require all available employees to report for work or remain on duty, the provisions of this
Agreement pertaining to scheduled paid time off, lunch and rest periods, job postings, shift changes, and
transfers shall be suspended and the Employer shall be relieved of any obligation to adhere to those
provisions during emergency operations. However, the Employer shall honor all prescheduled time off
for employees who purchased non-refundable tickets or have made other non-recoverable economic
commitments for use during their prescheduled time off. If the employee cannot be allowed the
prescheduled time off, the Employer shall reimburse the employee for the cost of any unused nonrefundable tickets and other non-recoverable economic impacts. Bargaining unit employees who are on
duty when a disaster or catastrophe occurs shall be afforded every reasonable opportunity to ensure the
welfare of their families.
26.2
Strike Teams
Should First Responder establish Ambulance Strike Teams or Medical Task Forces (herein after
collectively “Strike Teams”) in accordance with state or local guidelines or requirements, bargaining
unit employees who participate on such strike teams shall receive the wages specified in this agreement
and shall be covered by all other terms and conditions of this agreement while participating in all Strike
Team related activities, unless NEMSA and First Responder enter into a separate written agreement
establishing alternative wage rates and conditions of employment for Strike Team members. This
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provision shall also apply to bargaining unit employees who may be members of previously established
state or local Strike Teams.
ARTICLE 27 - TERM OF AGREEMENT
This Agreement is effective February 23, 2012 and shall continue in full force and effect through
midnight on February 23, 2013 and shall continue in full force and effect from year to year thereafter
unless notice of desire to amend or terminate the Agreement is served in writing by either party upon the
other at least ninety (90) but no more than one hundred and eighty (180) days prior to the date of
expiration.
For:
First Responder EMS, Inc of Sacramento County
For:
National EMS Association
________________________________
Byron Parsons, CEO
________________________________
Torren Colcord, Executive Director
________________________________
Date
________________________________
Date
________________________________
Robert Hall, Asst. Chief Administration
________________________________
Aaron Pelican, Lead Negotiator
________________________________
Date
________________________________
Date
________________________________
Charles M. Huber, Asst. Chief Operations
________________________________
Jason Herring, Negotiator
________________________________
Date
________________________________
Date
________________________________
Brandon Sessions, Shop Steward
________________________________
Date
________________________________
Tami Moore, Shop Steward
________________________________
Date
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_________________________________
Robert Stumbaugh, Shop Steward
_______________________________
John Miller, Shop Steward
________________________________
Date
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Appendix A
Wage Scales
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PAY SCHEDULE:
Pay changes become effective the first pay period following ratification of the CBA.
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Appendix B
RN Agreement