NEMSA Rural/Metro San Diego CBA - National Emergency Medical

Transcription

R
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M
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION
AND
O
F
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A
N
D
I
E
G
O
RURAL/METRO OF SAN DIEGO
SEPTEMBER 16, 2011 TO OCTOBER 31, 2014
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Corporate Office
Central and Western States Office
4701 Sisk Rd, Suite 102
Modesto, CA 95356
Toll Free: 866-544-7398
Eastern States Office
225 Franklin Street
26th Floor
Boston, MA 02110
www.NEMSAUSA.org
Connecticut Office
406 Farmington Ave
Farmington, CT 06032
Fax: 209-572-4721
!"#$%&'(&)'*+%*+,&
ARTICLE 1 Section 1.01!
Section 1.02!
Section 1.03!
Section 1.04
Section 1.05!
Section 1.06
Section 1.07
RECOGNITION!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#!
Scope of Agreement!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#!
Employee Defined!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#!
Full-Time Employee Defined!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#!
Modified Full-Time Employee Defined!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!#!
Part-Time Employee Defined!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!$!
Out of Class Assignments Defined!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!$!
Employee Information!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%!
ARTICLE 2 - PROBATION!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%!
Section 2.01 New Employee Probationary Period!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%!
Section 2.02 Discharge During Probation!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%!
Section 2.03 EMTs Transitioning to Paramedics!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!%!
ARTICLE 3 - SENIORITY!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.01! Seniority Defined!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.02! !Part-time Seniority!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.03 Seniority Continuation!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.04 Notice of Layoff!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.05! !Recall from Layoff!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!&!
Section 3.06! !Seniority Lists!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'(!
ARTICLE 4 - HOURS OF WORK!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'(!
Section 4.01! Hours of Work Schedules!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'(!
Section 4.02! Shift Bidding!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!''!
Section 4.03 Float Positions!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!''!
Section 4.04! Meal Periods and Employee Requested Posting!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!''!
Section 4.05! Overtime!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!')!
Section 4.06! Staffing Procedures!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!')!
Section 4.07! Employer Initiated Mandatory Holdovers!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'*!
Section 4.08! Call Back!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'*!
Section 4.09! Employee Fatigue!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'+!
Section 4.10 End of Shift Ambulance Cleaning and Restocking!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'+!
Section 4.11! Partner/Shift Vacancy!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'+!
Section 4.12 Shift Trades and Giveaways!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'+!
-%.+/'*&0123!!45*.6/*7&8*&"*9&:5+!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'#!
ARTICLE 5 - UNIFORMS AND APPEARANCE!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'#!
Section 5.01 Uniform Allotment!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'$!
Section 5.02 UniformAllowance!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'$!
Section 5.03 Cleaning!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'$!
ARTICLE 6 - EMPLOYEE ASSISTANCE PROGRAM (EAP) AND CRITICAL INCIDENT
STRESS DEBRIEFING (CISD)!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'%!
Section 6.01 EAP and CISD!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'%!
ARTICLE 7 - HEALTH AND SAFETY!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'%!
Section 7.01 Responsibility for Health and Safety!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'%!
Section 7.02 Employer Provided Vaccinations and Health Examinations!""""""""""""""""""""""""""""""""""""""""""""""!'%!
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Section 7.03 Personal Protective Equipment!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'&!
ARTICLE 8 - LEAVES OF ABSENCE!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'&!
Section 8.01 Worker’s Compensation Leave of Absence!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'&!
Section 8.02 Family, Medical, Pregnancy and Related Leaves!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!'&!
Section 8.03 Military Leave of Absence!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,(!
Section 8.04 Bereavement Leave of Absence!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,(!
Section 8.05 Jury Duty and Witness Leaves of Absence!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,(!
Section 8.06 Personal Leave of Absence!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,(!
Section 8.07 Extended Leave of Absence!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,'!
ARTICLE 9 - PAID TIME OFF!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,,!
Section 9.01 Definition and Eligibility!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,,!
Section 9.02 PTO Accrual!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,,!
Section 9.03 Maximum PTO Carry-Over!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,,!
Section 9.04 PTO Usage!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,,!
Section 9.05 Pay-in-Lieu-of Annual Leave!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,)!
Section 9.06 PTO Pay at Termination of Employment!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,)!
Section 9.07 Absenteeism/Tardiness!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,*!
Section 9.09 Shift Abandonment!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,+!
ARTICLE 10 - HOLIDAYS!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,+!
Section 10.01 Recognized Holidays!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,+!
Section 10.02 Holiday Pay!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,+!
Section 10.03 Time Off on Holidays!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,+!
Section 11.02!
Section 11.03!
Section 11.04!
Section 11.05!
WAGES!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,#!
Wage Grades (shown on Addendum “C” of this Agreement)!""""""""""""""""""""""""""""""""""""""""""!,#!
Wage Grade on Appointment and Promotion!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,#!
Bridged EMT Differential!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,$!
Paramedic Field Trainer Pay!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,$!
OCA Supervisors!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,$!
Section 12.02!
Section 12.03!
Section 12.04!
Section 12.05!
Section 12.06!
HEALTH AND WELFARE BENEFITS!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,%!
Insurance Benefits!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,%!
Health Insurance!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,%!
Group Term Life and Supplemental!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,&!
Long Term Disability Insurance!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,&!
IRS 125 Flexible Spending Accounts!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!,&!
401(k) Plan!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)(!
ARTICLE 13 - CONTINUING EDUCATION!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)(!
Section 13.01 Continuing Education!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)(!
ARTICLE 14 - LICENSES AND CERTIFICATIONS!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)'!
Section 14.01 Required Licenses and Certifications!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)'!
Section 14.02 Reimbursement for Licenses and Certifications!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)'!
Section 14.03 Loss of Required Licenses and Certifications!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!),!
Section 14.04 Suspensions of Required Certifications and Licenses!""""""""""""""""""""""""""""""""""""""""""""""""""""""""!),!
ARTICLE 15 - DISCIPLINE!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!),!
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Section 15.01
Section 15.02
Section 15.03
Section 15.04
Section 15.05
Section 15.06
Just Cause and Progressive Discipline!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!),!
Investigations!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!))!
Notice of Discipline!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!))!
Time Limits!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!))!
Records of Disciplinary Action!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*!
Suspension Pending Investigation!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*!
ARTICLE 16 - GRIEVANCE AND ARBITRATION!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*!
Section16.01 Grievance Procedure!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)*!
Section 16.02 Grievance Step One!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)+!
Section 16.03 Grievance Step Two!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)+!
Section 16.04 Grievance Step Three!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)+!
Section 16.05 Grievance Step Four!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)+!
Section 16.06 Grievance Step Five!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)#!
Section 16.07 Time Limits!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
Section 16.08 Participants!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
ARTICLE 17 - DRUG AND ALCOHOL FREE WORKPLACE!"""""""""""""""""""""""""""""""""""""""""""""""""!)$!
Section 17.01 Drug and Alcohol Testing Policy!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
Section 17.02 Right to Representation!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
ARTICLE 18 - MANAGEMENT RIGHTS!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
Section 18.01 Management Rights Defined!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)$!
Section 18.02 Notice of Management Decisions and Effects Bargaining!""""""""""""""""""""""""""""""""""""""""""""""""""!)%!
ARTICLE 19 - OPERATIONAL POLICIES, PROCEDURES AND WORK RULES!""""""""""""""""!)%!
Section 19.01 Proposed Modifications to Operational Policies, Procedures and Work Rules!"""""""""""""""""!)%!
ARTICLE 20 - UNION RIGHTS!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
Section 20.01 Shop Stewards!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
Section 20.02 Access of Union Representatives!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
Section 20.03 Bulletin Boards and Union Communications!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
Section 20.04 New Employee Orientations!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
Section 20.05 Labor-Management Committee!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!)&!
ARTICLE 21 - UNION SECURITY!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*(!
Section 21.01 Union Security!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*(!
Section 21.02 Dues Deduction!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*(!
Section 21.03 Indemnification!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*'!
Section 21.04 New Employee/Terminated Employee Lists!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*'!
ARTICLE 22 - NO STRIKE/NO LOCKOUT!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*'!
Section 22.01 No Strike!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*'!
Section 22.02 Union Responsibility!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
Section 22.03 No Lockout!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
Section 23.02!
Section 23.03!
Section 23.04!
MISCELLANEOUS!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
On Duty Physical Conditioning!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
Personal Vehicles!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
Personnel Files!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*,!
Outside Employment!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*)!
4
Section 23.05 Subcontracting!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*)!
Section 23.06! Catastrophic Leave!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*)!
Section 23.07! Disability Accommodations!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!**!
Section 23.08! Fitness for Duty!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!**!
Section 23.09! Employer/Union Cooperation!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*+!
Section 23.10! Station Amenities!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*+!
Section 23.11! County Service Area 17!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*+!
ARTICLE 24 - FULL UNDERSTANDING!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*+!
Section 24.01 Severability!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*+!
Section 24.02 Amendments!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*#!
Section 24.03 Bargaining Waiver!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*#!
Section 24.04 Successor Clause!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*#!
ARTICLE 25 - TERM OF AGREEMENT!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!*$!
ADDENDUM “A”!"!#$%&'()*!+(&,'-.!/%0.1!
ADDENDUM "B" - Substance Abuse Testing Procedure!
ADDENDUM “C” - Wage Matrixes!
ADDENDUM “D” - Medical Insurance Plans
ADDENDUM "E" - County Service Area 17 Defined
AGREEMENT
5
This Agreement is effective October 1, 2011 by and between the NATIONAL EMERGENCY
MEDICAL SERVICES ASSOCATION (Union) and RURAL/METRO OF SAN DIEGO (Employer).
ARTICLE 1 - RECOGNITION
Section 1.01 Scope of Agreement
The Employer recognizes the Union as the exclusive bargaining agent for the following unit:
All full-time and regular part-time paramedics, field trainers and emergency medical
technicians employed by the Employer in or out of the Employer’s operations located at
10405 San Diego Mission Road, Suite 200, San Diego, California and deployed
throughout San Diego County.
If the Employer develops or addsnew non-exempt field medical classifications to render services
provided by bargaining unit employees under this Agreement, the employees in those new
classifications will be included in the bargaining unit and covered by this Agreement. This Agreement
will apply only to the bargaining unit employees of the Employer who render services throughout San
Diego County.
Section 1.02 Employee Defined
The term “employee” or “employees" as used throughout this Agreement shall refer only to those
individuals employed in classifications covered by this Agreement.
Section 1.03 Full-Time Employee Defined
Full-time employees are defined as employees who work a regularly scheduled shift averaging a
minimum of forty (40) hours per week over any six (6)consecutive month periods. Non-probationary
full-time employees may apply to become part-time employeesfollowing twelve (12) months of
continuous employment without documented discipline greater than a verbal warning within the six (6)
months prior to the request. The employee must request such a change in writing to the Employer at
least thirty (30) days prior to the desired date that the employee wishes to change to part-time status.
Such changes will be accommodated if a part-time position is available.
Section 1.04 Modified Full-Time Employee Defined
Modified full-time employees are defined as non-probationary full-time employees who bid into a
regularly scheduled shift and are unable to work the assigned shift due to their attendance at an
6
approved, accredited paramedic program (working less than their regularly scheduled shifts)within San
Diego, San Bernardino, Riverside, Imperial, and Los Angeles Counties. Approval of a modified
schedule will be granted based on the Company’s overall business needs and will only be approved for
employeesfollowing twelve (12) months of continuous employment without documented discipline
greater than a verbal warning within the six (6) months prior to the request.
Upon approval of a modified schedule, employees need to submit verification of enrollment and a
school schedule to Human Resources. Modified full-time employees shall be taken off their shifts and
have their shifts covered by another employee on a temporary basis in order to attend class or skill days
for as long as they are in the paramedic program. However, such employees may work their regular
shifts when possible and pick up extra shifts as their schedule permits by notifying the Scheduler of their
availability. Modified full-time employees retain their status and benefits as full-time employees under
this Agreement. Failure to comply with the modified schedule requirements may, in the Employer’s
discretion,lead to revocation of modified schedule privileges for one (1) year and the employee’s return
to regular work on his/her bid shift.
Section 1.05 Part-Time Employee Defined
Part-time employees are defined as employees who do not work the total hours required in a normal fulltime work schedule, not including shifts missed due to approved absences. Part-time employees must
work a minimum of forty (40) hours per month in order to retain their employment with the employer,
unless sufficient hours are not available. Part-time employees can either pick-up shifts from the “Open
Shift” board or place themselves on the shift availability calendar for work. Part-time employees must
work the particular shifts they pick-up or identify as available unless availability for a particular shift is
withdrawn at least seventy-two (72) hours prior to the shift.Withdrawing a previously identified
available shift does not relieve the part-time employee of the requirement to work a minimum of forty
(40) hours per month. Employees must have a working phone number where they can be contacted for
the days they submit availability. Inability to contact an employee who has posted availability will be
treated as a “No Call/No Show,” and will follow the attendance policy as specified in Article 9, Section
9.07. If an employee who submits full day or morning availability is not contacted by 12 p.m. (noon), or
an employee who submits evening availability is not contacted by 5 p.m., on the day submitted, they
will be considered to have met their availability for that day and the submitted available hours will count
towards the forty (40) hour minimum for the month. Part-time employees must work a minimum of two
(2) recognized holidays per calendar year!
!
Section 1.06 Out of Class Assignments Defined
Out of classification assignments (OCA) are defined as intermittent and/or temporary assignments in
non-bargaining unit positions. Employees working in an OCA shall remain members of the bargaining
unit and are covered by this Agreement while working in an OCA,except that employees working in a
full-time OCA are ineligible to bid for any regular shift during the term of the OCA. No more than 20
bargaining unit employees may be designated OCA Supervisors at any time. Full-time bargaining unit
employees may work up to one half of their normally scheduled shifts per quarter while working as
OCA Supervisors. Part-time bargaining unit employees must satisfy the minimum shift requirements on
an ambulance while working as OCA Supervisors.
7
Beginning with ratification of this Agreement, employees who remain in a full-time OCA for more than
twelve (12) months shall have their seniority for bidding purposes frozen unless they continue working
shifts covered by this Agreement. Employees who continue working shifts covered by this Agreement
while in a full-time OCA shall accrue seniority at the part-time rate in accordance with Section 3.02 of
this Agreement.
Section 1.07 Employee Information
Within thirty (30) calendar days following the effective date of this Agreement, the Employer shall
furnish the Union with a list of all employees covered by this Agreement showing their names,
addresses, job classifications, dates of hire, work locations, wages and categories of employment (fulltime or part-time), email addresses and telephone numbers.
ARTICLE 2 - PROBATION!
Section 2.01 New Employee Probationary Period
Newly hired employees and employees rehired after a break in service greater than ninety (90)calendar
days shall be considered probationary for the first six (6) months from their date of hire.
Section 2.02 Discharge During Probation
At any time prior to the completion of the probationary period, the Employer may discharge a
probationary employee with or without cause, and such discharge shall not be subject to the grievance
orarbitration provisions of this Agreement. If, however, the Employer investigates or imposes discipline
less than discharge for alleged misconduct, probationary employees shall have the right to Union
representation and such discipline shall be subject to the grievance provisions of this Agreement.
However, such discipline shall not be subject to the progressive discipline and arbitration procedure
under this Agreement.
Section 2.03 EMTs Transitioning to Paramedics
Existing employees who change their classification from EMT to paramedic shall be required to
successfully complete their field training as a paramedic. Employees who do not successfully complete
their field training as a paramedic will revert back to their EMT classification without any adverse effect
on their seniority and eligibility for benefits. Field trained paramedics who decline to bid into an open
paramedic spot will revert back to their EMT position at their EMT wages and will waive their ability to
work as a paramedic for six (6) months. After that time, the EMT may reapply to work as a paramedic
and must again successfully complete field training as a paramedic.
Should the Employer determine that action other than a return to the prior classification is justified by
the circumstances, the Employer may pursue such action in accordance with the discipline provisions of
this Agreement. Actions other than a return to the prior classification are subject to the grievance and
arbitration procedures outlined in the Agreement.
8
!
ARTICLE 3 - SENIORITY!
&
Section 3.01
Seniority Defined
A.
Company seniority shall be defined as an employee's continuous length ofservice with the
Employer from the employee’s most recent date of hire into the bargaining unit, including employment
within the City of San Diego paramedic system (e.g. Med-evac, Hartson, American Medical Services).
Employees with the same date of hire shall have their seniority determined by their application date.
Employees with the same application date shall have their seniority determined alphabetically by last
name.
B.
Classification seniority shall be defined as an employee's length ofservice within a particular
classification (i.e., EMT,Paramedic, etc.). Classification seniority as a paramedic begins when an
employee starts field training. EMTs who receive their paramedic certification shall be placed on a
waiting list and will be selected to "field train" in rank order of the list provided the employee has
submitted their state, county, and ACLS cards to Human Resources. No one will be added to the list
without all of the required documentation on file. If more than one employee begins field training on
the same day, company seniority will be used to establish the classification seniority for those
employees.
Section 3.02 Part-time Seniority
A.
Full-time employees who change to part-time status shall retain their full-time seniority and
begin accruing seniority at one-half the full-time rate from the date they enter into part-time status.
Section 3.03 Seniority Continuation
A.
Seniority shall be retained and continue to accrue for employees on approved leaves of absences.
Section 3.04 Notice of Layoff
A. Should it become necessary for the Employer to reduce the size of the workforce, the Employer shall
notify affected employees in accordance with all applicable federal and state laws. In no event shall
employees who are subject to layoff receive less than 14-days advance notice or 14-days of pay in lieu
of the advance notice.
B. Layoffsshall be determined by inverse order of company seniority beginning with probationary
employees and part-time employees before laying off full-time employees
Section 3.05 Recall from Layoff
9
A.
As positions become available, qualified employees on layoff status shall be recalled based on
company seniority.
B.
No new employees may be hired until such time as the Employer has contacted all qualified laid
off employees via certified mail at the employee’s last known address for recall to employment.
Contacted employees shall have seven (7) calendar days to respond from receipt of the recall letter and
must be available to return to work within fourteen (14) calendar days from the date the employee
responds to the recall letter.
C.
Employees recalled from layoff within six (6) months from their date of layoff shall be
reemployed in a position in their former classification and shall have all benefit levels restored as if the
employee had not left employment. Health benefits shall be restored effective the first day of the month
immediately after the month in which the recalled employee returns to work.
Section 3.06 Seniority Lists
The Employer shall provide the Union with separate seniority lists for all full-time and part-time
employees covered by this Agreement showing both company and classification seniority covered by
this Agreement.
!
ARTICLE 4 - HOURS OF WORK!
Section 4.01 Hours of Work Schedules
A.
This section defines the normal hours of work and shall not be construed as a guarantee of hours
of work per day or per week nor as a guarantee of days of work per week. The Employer reserves the
right to add to, delete, change, or implement any work schedule to efficiently meet the terms of any of
its client contracts, customers or system status requirements, including the following:!
!
B.
The Employer shall have the right to make work schedule changes in connection with the bid
process. The Employer shall provide the Union and employees with notice of planned work schedule
changes prior to any bid. !
!
C.
When it is not possible to wait for a new bid (i.e. between bid cycles), the Employer shall have
the right to make changes, including adding new types of shifts (i.e., different shift lengths), but shall
provide at least fourteen (14) days prior notice to the Union. The Union shall have the right to negotiate
with the Employer, upon request, over the impacts of any mid-bid work schedule changes prior to
implementation. If the parties are unable to reach an agreement over the impacts of the changes on the
employees within the fourteen (14) day period, the Employer shall have the right to implement the
proposed changes without further consultation with the Union. The Employer agrees to maintain work
schedules and shift configurations within typical industry standards.!
!
D.
Prior notice to the Union shall not be required if a work schedule change is required to meet
emergency conditions. In no case shall an emergency work schedule change continue for more than
seven (7) days without the required notice to the Union.!
10
!
E.
Due to the nature of the Employer’s operation, the Employer has established twenty-four (24)hour shifts for certain ambulance drivers and/or attendants. Employees working 24-hour shifts
understand and agree that the meal periods provided in paragraph 4.04(B) and a scheduled sleep period
(not to exceed eight (8) hours) need not be considered hours worked even though the Employer elects to
pay for those hours. Employees working 24-hour shifts further understand and agree that they will be
paid for twenty-four (24) hours out of each shift. Employees working 24-hour shifts understand and
agree that the Employer has elected not to deduct any time for sleep or meal periods and will pay for all
on-duty sleeping and meal times as hours worked regardless of interruption. Employer agrees to
continue to provide dormitory and kitchen facilities for employees working such schedules.
Section 4.02 Shift Bidding
Shift bids shall be conducted three (3) times per year in December, May and August for implementation
in January, June and September, respectively. Shifts shall be posted for fourteen (14) calendar days
prior to the bid. Employees shall be awarded shifts based on classification seniority.
A merged seniority list shall be used when awarding shifts during a bid. Classification seniority lists
(paramedic and EMT) shall be merged so that employees are ranked on the merged list by company
seniority while maintaining classification seniority with respect to other employees in the same
classification.
Unless otherwise permitted by this Agreement, employees are required to maintain and work their bid
for shift schedules. Schedule changes and moves into different shifts will only be allowed if approved
by the Employer after consultation with the Union. The Employer reserves the right to move employees
based on business necessity post-bid and/or in the middle of the bid cycle.
Section 4.03 Float Positions!
&
Float positions will be staffed during the bid process. Float positions shall not displace regularly
scheduled positions. Excluding mandatory holdovers, float employees will not be required to work over
twelve (12) hours except on a 24-hour unit or a combination of 24-hours during a 24-hour period. All
24-hour shifts will be paid at the 24-hour rate of pay unless scheduled one-day prior to, or the day of, the
vacancy to be filled.
Section 4.04 Meal Periods and Employee Requested Posting
A.
Due to the nature of the Employer’s operations, the need for Employee services will vary widely
with each scheduled workday, and there are instances when Employees cannot be completely relieved of
all duties during a meal period. The nature of the Employer’s operation includes the provision of
emergency services to provide for and enhance public health and safety, and such services necessitate
that Employees remain in close proximity to their designated emergency vehicles. To allow for these
circumstances, the Union, on behalf of the Employees, has agreed to designate meal periods as “on-
11
duty,” and the Employer has elected to provide paid meal periods without any deduction of time at the
Employee’s regular rate of compensation.
Employees understand that, due to the nature of the Employer’s operations, there are occasions when
Employees will be required to respond to an emergency call during their meal period and/or occasions in
which the meal period will be otherwise interrupted. If an Employee’s meal period is interrupted, the
Employer will endeavor to provide an uninterrupted meal period during the same shift, but in the event
that this uninterrupted meal period cannot be taken, the Employee will be compensated at the greater of
(i) thirty dollars ($30) or (ii) one (1) hour of regular compensation at the Employee’s regular hourly rate.
Employees also understand that the Employer or the Union, on behalf of the Employees, may revoke the
agreement to provide “on-duty” meal periods in writing at any time.
B.
Employees assigned to twenty-four (24) hour shifts shall be allowed three (3) paid meal periods.
Employees assigned to a shift of less than twenty-four (24) hours shall be allowed one (1) paid meal
period for every eight (8) hour work period, except that employees assigned to twelve (12) hour shifts
are allowed a second paid meal period during their shift. In the event an Employee works more than ten
(10) hours but no more than twelve (12) hours, and the Employee has received at least one (1) paid meal
period during the shift, the Employer and Employee agree to waive the second paid meal period. If
employees assigned to twenty-four (24) hour shifts receive at least two (2) paid meal periods during the
shift, the Employer and Employee agree to waive the third meal period. Each paid meal period shall be
thirty (30) consecutive minutes.
C.
Employees working less than twenty-four (24) hour shifts may request meal periods through the
dispatch center at any time during their shifts, but cannot be required to take a meal period during the
first three (3) hours and the last two (2) hours of their shift (i.e., non-24-hour meal period window).
Employees working twenty-four (24) hour shifts may request meal periods through the dispatch center
during each five and one-half (5!) hour segment during the first sixteen and one-half (16!) hours of
their scheduled shift, but cannot be required to take a meal period during the first three (3) hours and the
last seven and one-half (7 !) hours of their shift (24-hour meal period window).
D.
Meal periods will generally be requested by crews or offered by the dispatch center during times
of “non-activity.” For purposes of this section, “non-activity” means employees are not handling any
calls, are not performing any work, and are not traveling to or from a post or other work-related location.
Employees are encouraged to request meal periods and good faith efforts will be made to avoid
interrupting a requested meal period. However, meal periods may be interrupted by emergency calls,
post moves or when operationally necessary.
E.
Employees who do not receive an uninterrupted thirty (30) minute meal period during the
applicable meal period window shall be paid the greater of (i) thirty dollars ($30) or (ii) one (1) hour of
regular compensation at the Employee’s regular hourly rate for the shift as a missed meal time premium.
Employees who are offered a meal period by the dispatch center during a period of “non-activity” within
the applicable meal period window and decline the meal period shall be deemed to have received their
meal period. Employees who fail to request a meal period within the applicable meal period window
and had a sufficient period of non-activity to receive an uninterrupted meal period equaling thirty (30)
consecutive minutes shall be deemed to have received the meal period. CAD and/or AVL records will
12
be utilized to determine whether an employee had a sufficient period of non-activity in which to receive
an uninterrupted thirty (30) minute meal period. For purposes of this provision, “a sufficient period of
non-activity” shall mean that CAD and/or AVL records show the crew had sixty (60) consecutive
minutes of non-activity. The mere fact that an employee requests and is denied a meal period, or that a
meal period is interrupted by a call or post move, does not entitle employees to the missed meal time
premium if they otherwise had a sufficient period of non-activity during the applicable meal period
window to receive the required meal period(s).
F.
Employees must submit requests for missed meal time premiums within the pay period in which
the employee was unable to receive a meal period. The Employer will pay all missed meal time
premiums pursuant to this Section within the same pay period.
Section 4.05 Overtime
The workday is defined as a 24-hour period that begins at 0000.00 and ends at 2359.59. The workweek
is defined as a seven (7) day period which begins at 0000.00Saturdayand terminates at 2359.59 the
following Friday.
Employees working less than 24-hour shifts will be paid at the rate of one and one-half times (1-1/2x)
their regular base rate of pay for hours worked in excess of eight (8) in a single work day, and two times
(2x) their regular base rate in excess of twelve (12) in a single work day.
Employees working 24-hour shifts will be paid at the rate of one and one-half times (1-1/2x) their
regular base rates of pay for hours worked in excess of forty (40) in a workweek.
Section 4.06 Staffing Procedures
All employees may utilize the shift availability calendar to be considered for open shifts. Employees
must work the shifts they identify as being available to work unless availability for the particular shift is
withdrawn at least seventy-two (72) hours prior to the shift. It is the employee’s responsibility to check
Net Scheduler to see if they have been placed on a shift. Employees who submit morning or full day
availability may be contacted up to 12 p.m. (noon) and employees who submit evening availability may
be contacted up to 5 p.m. on the day they identify themselves as available. Employees must have a
working phone number where they can be contacted for the days they submit shift availability.
Employer’s inability to contact an employee who has posted availability, or an employee’s failure to
return any phone call by the Employer within thirty (30) minutes of the initial phone call from the
Employer,will be treated as a “No Call/No Show,” and will follow the attendance policy as specified in
Article 9, Section 9.07.
Open and/or extra shifts in each classification will be filled in the following order:
1.
Regular relief employees (Floats)
2.
Part-time employees (from availability list)
3.
Full-time employees (from availability list)
13
4.
Call to part-time employees
5.
All call to employees (full-time and part-time)
Section 4.07 Employer Initiated Mandatory Holdovers
A.
Employees shall not leave their assigned duty station until properly relieved. Proper relief shall
consist of relief by the on-coming crewmember or being released by the Rural/Metro dispatch center or
duty supervisor.
B.
Employees may be required to holdover for up to two (2) hours following the scheduled end of
their shifts to wait for relief. Employees shall not be held past the scheduled end of their shift for
prescheduled transports or to maintain system status levels. Should the potential for a mandatory
holdover arise, a reasonable effort will be made to find voluntary coverage before requiring an employee
to holdover. If held over, employees shall be paid two times (2x)their regular rate of payfor the period of
time in which they are required to holdover. If the employee is required to stay for the entire two (2)hour holdover, the employee will be paid an additional one (1) hour of pay at the employee’s regular
rate of pay (the “holdover premium”). If the same employee is required to holdover for a second time
within six (6) months following the date of the first holdover, the employee shall be paid two times (2x)
their regular rate of pay for the period of time in which they are required to holdover plus a holdover
premium of three (3) hours of pay at the employee’s regular rate of payper occurrence during the next
six (6) months.
C.
Employees who receive a call for service that cannot be completed prior to the scheduled end of
their shift are not on mandatory holdover while performing work related activities, including travel time
back to the employee’s deployment location, following the scheduled end of their shift. Employees
shall be paid for this time in accordance with applicable overtime procedures. Should a Level 1, Level 2
or Level 3 call for service occur before the employees can return to their deployment location and end
their shift, the employees may be assigned the call and shall be deemed to be on holdover and
compensated in accordance with Section 4.07 B,except that the applicable holdover premium shall be
paid for each call handled after the end of shift even if the employee does not stay for the entire two (2)hour holdover period. When a crew cannot be relieved from duty within two (2) hours following the
scheduled end of their shift, the duty supervisor shall bring a relief crew to the offload hospital to
complete the crew change and the crew will be placed on an offload delay.
D.
Employees who have special needs (i.e., school or child care needs) shall declare and adequately
document these needs, on a quarterly basis, in writing to the Employer and the Employer will attempt to
avoid holding over such employees.
Section 4.08 Call Back
14
A.
Should the Employer be unable to staff three (3) or more units through the staffing procedures
described in Section 4.06, the Employermay institute a Mandatory Callbackof the employees eligible to
work within the impacted operational area beginning in reverse seniority order.
B.
Employees whorefuse callback or are found to be in avoidance of the call back are subject to
disciplinary action. Employees are not subject to Mandatory Callback if they are physically unable to
respond at the time they are contacted by the Employer. Employees who work a Mandatory Callback
will not be requested to work two (2) consecutive Mandatory Callbacks.
C.
In the event of an emergency, such as a major incident (disaster), or event that requires additional
units to be staffed, the Employer will make a good faith effort to solicit volunteers before implementing
a Mandatory Callback.
Section 4.09 Employee Fatigue
Any employee, at any time during a shift, who feels physically or mentally unable to perform
his/herduties, may request to be relieved from duty. The employee requesting relief from duty must
notify Dispatch at the completion of a call and/or prior to receipt of a call. Duty supervisor contact must
be obtained prior to relief from job duty. A Rural/Metro supervisor will call the employee back within
15 minutes regarding the approval of their request.The Employer shall grant this request by sending the
employee home, granting the employee a rest period, or any other option the Employer determines to be
reasonable. Employees may not be paid for time relieved from duty due to fatigue.
Section 4.10 End of Shift Ambulance Cleaning and Restocking
In order to assure that non-24 hour ambulance units, except for back to back 12 hour ambulance units
and ambulance units deployed out of Station 28, are cleaned and restocked prior to the end of shift, the
Employer will attempt toplace a unit out of service (except for priority one (1) and/or priority two (2)
responses) thirty (30) minutes prior to end of shift. If this is not possible, the crew will hold over and
complete end of shift procedures.
Section 4.11 Partner/Shift Vacancy
Employees who report for their assigned shift and for whom the Employer cannot secure a partner, shall
be provided an opportunity to complete their assigned shift hours without loss of pay. Employees will
be allowed to go home with pay if a reasonable reassignment is unavailable. If the employee refuses to
accept a reasonable reassignment and elects to go home, the employee will not be paid for the shift
hours.
Section 4.12 Shift Trades and Giveaways
A.
A shift trade is defined as an hour-for-hour exchange with another suitable employee.
15
B.
A shift give-away results when an employeevoluntarilyforfeits a regularly scheduled shift and
receives no compensation (pay or PTO) for the shift.
C.
Requests for a shift trade or give-away must be received by the Scheduler via Net-Scheduler
program no less than twenty-four (24) hours prior to the first day of the shift trade or give-away. Shift
trades and/or shift giveaways shall not cause any additional costs to the Employer.
D.
Requests for a shift trade or give-away must be approved by the Scheduler prior to the shift trade
or give-away. Although the Scheduler is expected to provide written response to the request as soon as
possible, it is the responsibility of the person who makes the request to confirm the approval prior to
following through with the trade or give-away.
E.
As part of the shift tradeapproval process, employees involved in the trade shall confirm through
the Net Scheduler program the particular dates and shifts each will work. The Scheduler may reasonably
assume that both parties have agreed to, and understand, the details of the requested trade if both parties
have signed the shift trade request form.
F.
Once a shift trade is approved, each employee is responsible for the shifts they have accepted.
All policies and procedures regarding fulfilling assigned shifts are in full effect.
G.
year.
Employees may not give away more thantwenty-four (24) of their regularly scheduled shifts per
-%.+/'*&0123& 45*.6/*7&8*&"*9&:5+&
!
All employees are responsible for punching in and out for their scheduled shift utilizing the Net
Scheduler Digital Kiosk at their assigned location.
A. There are certain instances when an employee cannot use a Digital Kiosk. These times may
include:
1. A malfunctioning Kiosk.
2. An off-site Training Session or Meeting
3. Digital Kiosk is in use by others and unavailable
B. In the event of malfunctioning equipment, employees should immediately seek out a
Supervisor to verify and correct the problem. For off-site training or meetings, a sign-in
sheet will be proved for the employee to sign. If equipment is in use by others and
unavailable, employees should immediately contact a Supervisor.
C. In the event an employee forgets to punch in or out, or the equipment is in use by others and
unavailable, the employee must notify his/her duty supervisor.
ARTICLE 5 - UNIFORMS AND APPEARANCE!
&
16
All full-time and part-time 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
Section 5.01 Uniform Allotment!
&
The Employer shall provide all new employees with the following allotment of appropriately sized
uniform items:!
!
Full Time Employees
Part Time Employees!
!
4pair of pants
2 pair of pants!
4 shirts
2 shirts!
1 belt (plain black)
1 belt (plain black)!
1 pair safety boots (black polishable)
1 pair safety boots (black polishable)!
1 badge
1 badge!
2 name tags
2 nametags!
1 OSHA/NFPA EMS jacket
1 OSHA/NFPA EMS jacket!
!
The Employer will replace, solely at its cost, any of the above uniform items that are damaged in the
performance of an employee’s job duties. Worn uniform components will be replaced at no charge upon
return of the worn items to the Employer.The Employer will make uniform accommodations for
employees requiring new uniforms due to pregnancy. Employees must return the above Employerissued uniform and equipment items upon separation from employment or at the request of the
Employer.!
Section 5.02 UniformAllowance !
An annual uniform allowance of$200for full-time employees and $100 for part-time employees will be
established for each employee. This allowance becomes available on the employee's anniversary date
following their first full year of employment. The uniform allowance is provided for employees to
purchase optional uniform items and other work-related accessories as identified in Addendum “A” to
this Agreement. Any portion of the annual uniform allowance that is not utilized during the year will
not be carried over to the following year and shall not be converted to cash.!
Section 5.03 Cleaning!
&
The Employer agrees to provide a cleaning/laundry allowance of $15.00 per pay period for full-time
employees to ensure that uniforms consistently present a positive, professional image. At the sole
discretion of the Employer, the Employer may establish a process for the cleaning/laundering of
employee’s uniforms. If such a process is established, the cleaning/laundering allowance will be
discontinued.
Employees shall be responsible for general cleaning/laundering of all uniform items, except where
biohazard or OSHA standards apply. The Employer shall designate a location for employees to handle
and clean uniforms contaminated through contact with bio-hazardous material.
17
ARTICLE 6 - EMPLOYEE ASSISTANCE PROGRAM (EAP) AND CRITICAL INCIDENT
STRESS DEBRIEFING (CISD)!
Section 6.01 EAP and CISD
A.
The Employer will offer at no expense to employees an employee assistance program (EAP) and
for all employees a critical incident stress debriefing service (CISD).
B.
The EAP will provide employees and their dependents in-person assessment and treatment
sessions.
C.
EAP counseling sessions (up to six (6) per calendar year) will be provided at no cost to
employees.
D.
The CISD System will be implemented as needed for critical incident debriefings as determined
by the Operations Manager or designee.
ARTICLE 7 - HEALTH AND SAFETY!
Section 7.01
Responsibility for Health and Safety
The Employer recognizes its responsibility to provide a safe and healthful working environment for
employees. The Union also recognizes its responsibility to cooperate with the Employer in maintaining
and improving a safe and healthful working environment. The parties agree to use their best efforts
jointly to achieve these objectives.
The Union recognizes the right of the Employer to implement and enforce safety rules as may be
required from time to time to comply with local, state or federal laws and regulations, or to comply with
the contractual safety and OSHA requirements of the Employer’s customers. Provided that employees
have received appropriate training, all employees shall be required to abide by such safety and OSHA
rules.
Section 7.02 Employer Provided Vaccinations and Health Examinations!
&
A.
The Employer shall offer at no cost to employees the following vaccinations and health
examinations at the occupational medicine facility of the Employer’s choice:
1.
Hepatitis B inoculation series. The employer shall ensure that the Hepatitis B
Immunizations are provided and documented for all field employees who desire them.
2.
TB Testing (including chest X-ray if indicated) will be done annually, or whenever
exposure occurs in compliance with local Public Health regulations.
3.
HIV tests upon suspected exposure.
4.
DMV Physicals
18
Section 7.03 Personal Protective Equipment!
A.
The Employer shall provide the following safety equipment to employees covered by this
Agreement:
1.
Safety helmet
2.
Reflective safety vest
3.
One (1) pair Uvex or similar style protective glasses
4.
Hearing protection
5.
Any other personal protective equipment required by the employer or by law.
B.
Employees are responsible for safeguarding and properly storing Employer-provided personal
safety equipment.The cost to replace employer provided personal safety equipment that is lost, stolen or
damaged as a result of the employee’s dishonest, willful or grossly negligent conduct shall be born by
the employee. (Wage Order 9, Section 8)
ARTICLE 8 - LEAVES OF ABSENCE!
Section 8.01Worker’s Compensation Leave of Absence
Depending on the Employer’s need, light duty assignments may be offered when available from the time
of the first visit to the treating healthcare provider. During this time, employees will be required to
maintain the same attendance standards as set forth in this Agreement.
Any absences due to the employee’s work-related injury/illness will need to be verified with the treating
physician. The treating physician will be required to submit proof that the employee’s absence is due to
their work-related injury/illness and submit their findings in writing to Human Resources on the date the
absence occurs.
Employees on Temporary Total Disability (TTD) will then begin to receive workers’ compensation
indemnity benefits as per the State of California Workers Compensation guidelines.
Section 8.02 Family, Medical, Pregnancy and Related Leaves
The Employer shall grant Family and Medical Leave (FMLA), California Family Rights Leave (CFRA),
Pregnancy Disability Leave (PDL), California School Activities and Domestic Violence Leave, and all
other leaves in accordance with federal, state and local laws.FMLA and CFRA will run concurrently
unless the employee is also concurrently taking Pregnancy Disability Leave.
19
Section 8.03 Military Leave of Absence
Military leave will be granted in accordance with the Uniform Services Employment and Reemployment
Rights Act of 1994, as amended, and any other applicable federal, state and local laws. Reinstatement
shall be governed by the same laws.
Section 8.04 Bereavement Leave of Absence
In the event of death of a member of a full-time employee’s immediate family, a paid bereavement leave
of absence for up to three pre-scheduled shifts within a 10 calendar day period will be granted for
bereavement, attendance at the funeral, or for making funeral arrangements. The immediate family is
defined as father, mother, father-in-law, mother-in-law, legal guardian, sister, brother, aunt, uncle,
spouse, grandparent, child or significant other who resided with the employee at the time of death.
Annual leave credits may be used for additional paid time off during an approved bereavement leave of
absence or for the persons not defined as immediate family. The employee shall provide verification of
death upon Employer request.
Section 8.05 Jury Duty and Witness Leaves of Absence
A.
Full-time employees who are called for jury duty must notify their supervisor immediately upon
receipt of such notice. If the employee is required to appear for jury duty on days the employee is
normally scheduled to work the employee will be granted time off and paid his/her regular pay on an
hour for hour basis, for each hour spent on jury dutyup to a maximum of 14 days per calendar year upon
submission of proof of jury service/duty to the Human Resources Department. The employee may be
required to return to his/her regularly scheduled shift when he/she is not required to be in court. The
Employee will be paid only for days actually spent at the court.
B.
Full-time employees subpoenaed to appear in an administrative or legal proceeding, or to give a
deposition in the same, for work related matters while employed within the bargaining unit covered by
this Agreement shall be granted the time necessary and paid his/her regular pay on an hour for hour
basis, for each hour spent in compliance of the subpoena obligation. The employee may be required to
return to his/her regularly scheduled shift when he/she is not required to appear in compliance with the
subpoena.
Section 8.06 Personal Leave of Absence
A.
An unpaid Personal Leave of Absence (PLOA) may be granted to non-probationary employees
based on need or any other legitimate reason.
Each situation is reviewed on a case-by-case basis and the granting of any PLOA shall be at the
Employer’s sole discretion. Such approval shall not be unreasonably withheld, but may be denied for
such reasons as unsatisfactory job performance or the operational needs of the Company. Should the
20
employee have a need which requires prolonged or extended absence from his/her regular job duties, the
employee must submit a PLOA request to Human Resource.
B.
All PLOAs shall be in writing.An approved PLOA assures the employee’s continuation of
employment, as long as the employee meets the conditions of the PLOA. PLOAs will be available for
preauthorized specific periods of time of no less than thirty (30) days and no more than one hundred
eighty (180) days. PLOAs requested specifically for the purpose of attending an approved paramedic
training school within San Diego, San Bernardino, Riverside, Imperial, and Los Angeles Countiesor to
attend any San Diego County Fire Academy shall be granted subject to the Employer’s staffing needs. If
granted,the PLOA shall be for the length of the training program not to exceed one (1) year.
Section 8.07Extended Leave of Absence
Leaves of absence may be extended beyond the minimum requirements of applicable federal, state or
local laws and/or as specified in this Agreement, subject to Employer approval. Any such extension will
be considered a personal leave of absence.
Section 8.08
Notice of Intention to Return to Work
Employees on any leave of absence (LOA) which exceeds thirty (30) days shall, whenever possible,
notify the Employer at least fourteen (14) days prior to the employee’s expected date of return to work
of their intention to return to work. If the employee is unable to give the required fourteen (14) days
notice, it is understood that the Employer may not be able to re- employ the employee at the intended
expiration of the LOA, but at no time shall the employee be required to wait for reemployment more
than fourteen (14) days from the date the Employer was notified of the employee’s intent to return to
work.
Section 8.09
Use of PTO Hours During Leaves of Absence
Employees may use accrued PTO hours, solely at their discretion, during any approved leave of absence,
except that employees granted a PLOA must use accrued PTO hours for the duration of the PLOA. No
additional PTO willaccrue during such leaves of absence unless otherwise required by applicable
federal, state or local laws and/or other provisions of this Agreement.
Section 8.10
Benefits During a Leave of Absence (LOA)
Group health benefits will continue while on any approved leave of absenceprovided the employee pays
his/her share of applicable premiums. Such premiums will be deducted from the employee’s pay check
on a prorate basis upon return from the leave.
Employees are encouraged to make an appointment to meet with Human Resources prior to the
initiation of any leave of absence, to discuss their benefits status.
21
!
ARTICLE 9 - PAID TIME OFF!
Section 9.01Definition and Eligibility
Full-time employees begin accruing paid time off (PTO) from their initial date of hire. PTO is a single
bank of paid leave that may be used for illness, injury, medical and dental appointments, personal time,
vacation and other approved reasons.
Section 9.02 PTO Accrual
&
Full-time employees accrue PTO on a daily basisaccording to their months of service with the Employer
as follows:
Months of Full TimeService PTO Benefit Accrual Rate
0-6 months
1 week
7-12 months
2 weeks
13-24 months
3 weeks
25-36 months
4 weeks
37- 60 months
5 weeks
61+ months
6 weeks
The foregoing notwithstanding, employees who have thirteen (13) through twenty-four (24) months of
employment as of July 1, 2011, and are already accruing four (4) weeks of PTO, shall continue to accrue
PTO at an annual rate of four (4) weeks until they reach thirty-seven (37) months of employment.
PTO accruals are adjusted in order to remain proportionate to the shift schedule worked during the pay
period. An employee’s PTO accrual factor is multiplied by the number of regularly scheduled hours
worked during the pay period to determine the number of PTO hours earned during the pay period as
follows:
PTO accrual factor x # hours regularly scheduled in pay period (RHE’s) = PTO benefit
If an employee’s work schedule is changed, the employee will retain all previously accrued PTO and
being accruing PTO at the new rate.
Section 9.03 Maximum PTO Carry-Over
PTO hours may be accumulated and banked up to a maximum of 200% of the employee’s annual
accrual.
Section 9.04 PTO Usage
22
A.
PTO hours are available for use only after accruedat the end of each pay period. Available PTO
may be used in hourly increments only, with a minimum of four (4) hours used at one time; no partial
hour increments may be taken.
B.
PTO hours are paid as time worked so that employees suffer no loss of compensation for using
PTOto be off work during the employee’s regularly scheduled hours. PTO hours cannot be used for
extra shifts picked up by an employee.
C.
Employees may utilize accrued PTO for illness, injury, or emergency situations provided the
employee notifies the scheduler, dispatch center or the on-duty supervisor at least two (2) hours prior to
the start of the employee’s shift. Employees who call off on a recognized holiday must provide at least
four (4) hours advance notice.
1.
The Employer may require employees who are absent for three consecutive shifts due to
illness or injury to provide a doctor’s note upon returning to work.
D.
Employees may request to utilize accrued PTO on a daily basis by submitting the request
through the Net Scheduler program. Provided adequate personnel are available to accommodate the
necessary workload andthe employee has sufficient accrued PTO to cover the requested time off, the
employee will be granted the PTO when requested. An employee who is denied PTO by the Scheduler
may still take the time off provided the employee obtains his/her own appropriate shift coverage and
notifies the scheduler at least 72-hours prior to the requested PTO day. Depending on the
circumstances, PTO requests that result in unscheduled overtime may not be approved.
E.
Vacation requests (i.e., PTO requests of three (3) or more consecutive shifts) shall be submitted
through the Net Scheduler program no less than fourteen days (14) prior to the start of the vacation and
no greater than one hundred twenty (120) days prior to the vacation start date. The Scheduler or his/her
designee shall respond to the vacation request within 72- hours of the submission date. If the request is
not responded to within the 72-hour period, the request shall be considered approved.Should a properly
submitted vacation request be denied by the Scheduler and cause an employee to reach the maximum
accumulation of PTO permitted by this Agreement, the employee shall be paid for all subsequently
accrued PTO hours at the employee’s straight-time hourly rate until the employee can be granted a
vacation request or receives pay-in-lieu of PTO so that accrued PTO hours are reduced below the
maximum accumulation.
Section 9.05 Pay-in-Lieu-of Annual Leave
Employee may receive pay-in-lieu of PTOthree times per year in April, August, and November by
completing the Request for Paid Time Off Form. An annual maximum of 250 banked PTO hours may be
cashed-out in full hour increments paid at the employee’s base straight-time hourly rate.
Section 9.06 PTO Pay at Termination of Employment
23
Employees who separate from employment for any reason shall receive the cash value of all unused
accrued PTO based on the employee’s straight-time hourly rate at the time of separation.
Section 9.07 Absenteeism/Tardiness
Employees are expected to be in uniform and ready to begin their shifts at the designated start time. On
occasion, employees and their family members may encounter illness, injury or other situations that
prevent them from working their scheduled shifts. Although these situations may be unforeseeable, they
are considered “occurrences” under this policy. Employees who disagree with the characterization of an
absence as an “occurrence” under this policy or dispute the number of occurrences recorded by the
Company must notify Human Resources within two (2) weeks of the disputed occurrence/event.
Absences that are pre-scheduled and/or approved, including PTO, FMLA/CFRA, PDL, Worker’s
Compensation, Bereavement, Jury Duty, Work Related Court Appearances, Military Leave, PLOA
and/or any other absences permitted by federal, state and local laws or by this Agreement, are not
subject to this attendance policy.
Employees who areunable to report for their scheduled shiftsor must leave early are required to contact
their Supervisor immediately via the supervisor’s company cell phone number, regardless of the time of
day.
I.
DISCIPLINARY PROCESS FOR ABSENCES/TARDIES
A.
B.
C.
D.
E.
F.
Attendance is tracked on a 12-month basis.
An “occurrence” is defined as a single absence, a single tardy, or multiple consecutive
day absences without a full shift being completed between missed shifts that was not prescheduled through Net Scheduler and/or approved as specified above.
A “tardy” is defined as an instance of clocking in for a shift after the scheduled start time
for a shift.
Absence for more than three (3) consecutive days/scheduled shifts will require a doctor’s
note prior to returning to work. This will count as one (1) occurrence.
Available accrued PTO will be used for all full shift absences.
Employees are subject to disciplinary action for more than seven (7) “occurrences” as
follows:
Number of Occurrences
Disciplinary Action
8
9
10
11
Verbal Warning
Written Warning
Final Written Warning
Termination of Employment
Section 9.08 No Call No Show
24
Employees who do not report for a scheduled shift within thirty (30) minutes following the scheduled
start of their shift and fail to contact the duty Supervisor will be regarded as a “no call no show” and
subject the employee to disciplinary action as follows:
Number of Occurrences
Disciplinary Action
1
2
3
Written Warning
Final Written Warning
Termination of Employment
Section 9.09 Shift Abandonment
Leaving a shift prior to the scheduled end of the shift without proper relief orprior authorization from a
supervisor will be regarded as shift abandonment and will subject the employee to immediate
disciplinary action. !
!
ARTICLE 10 - HOLIDAYS!
&
Section 10.01 Recognized Holidays
The following holidays are recognized for purposes of holiday pay:
1.
2.
3.
4.
5.
6.
7.
8.
9.
New Year's Day
Martin Luther Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
Section 10.02 Holiday Pay
Employees working on a recognized holiday will he paid holiday payat a premium rate equal to one half
the employee’s base hourly rate in addition to their regular compensation. Holiday pay will be paid to
all employees who work on a holiday between 0000.00 to 2359.59 hours for any hours worked on the
holiday.No employee shall be paid greater than two times (2x) their regular base hourly rate of any time
worked in a single workday.
Section 10.03 Time Off on Holidays
25
A.
Employees desiring to be off work on a recognized holiday must notify the Scheduler via Net
Scheduler at least fourteen (14) days and no greater than one hundred twenty (120) days prior to the
particular holiday. The Employer will allow up to eight (8) employees in the same class to take a holiday
off at the same time. Once approved, an employee may not cancelhis/herrequest to take the holiday off.
B.
Employees may use the shift trade process to be off work on recognized holidays, provided all
paperwork is completed and received and approved by the Scheduler at least 72 hours prior to the
particular holiday.
ARTICLE 11 - WAGES
Section 11.01 Wage Grades (shown on Addendum “C” of this Agreement)!
"#
Effective retroactive to October 1, 2011 (subject to ratification prior to November 1, 2011), all
employees shall receive a three percent (3.0%) across the board wage increase. Employees on the wage
scale shall move to the next highest wage grade on the 2011 wage scale.
B.
Effective the first pay period in July 2012, all employees shall receive a two percent (2.0%)
across the board wage increase. Employees on the wage scale shall move to the next highest wage grade
on the 2012 wage scale.
$#
Effective the first pay period in December 2012, all employees shall receive a two percent
(2.0%) across the board wage increase. Employees on the wage scale shall move to the next highest
wage grade on the 2012 wage scale.
D.
Effective the first pay period in July 2013, all employees shall receive a two percent (2.0%)
across the board wage increase. Employees on the wage scale shall move to the next highest wage grade
on the 2013 wage scale.
E.
Effective the first pay period in December 2013, all employees shall receive a two percent
(2.0%) across the board wage increase. Employees on the wage scale shall move to the next highest
wage grade on the 2013 wage scale.
Section 11.02 Wage Grade on Appointment and Promotion!
&
A.
The Employer may consider an employee’s previous years of work experience in his/her
classification when determining the appropriate starting pay grade for new or returning employees to the
bargaining unit, but in no case shall employees receive credit for more than one-half of their total
previous years of work experience in their classification.!
!
B.
EMTs transitioning to paramedic field training shall be placed at the new transitional paramedic
pay grade 1 or continue to be paid at their existing EMT rate of pay, whichever is higher, until they
successfully complete their field training and are promoted to paramedic. Upon successful completion
of paramedic field training, the employee will be allowed to bid for a vacant paramedic position. If
placed in a paramedic position, the employee shall be placed at paramedic pay new grade 2 or at the
26
paramedic pay grade that provides the next highest rate of pay above the employee’s existing EMT rate
of pay, whichever is higher. If there are no paramedic bid positions available following completion of
paramedic field training, the employee will be allowed to bid (or be placed) in a Bridged EMT position
and will continue to be paid at the employee’s existing EMT rate of pay. As a result, current Bridged
EMT’s may be displaced based on inverse seniority back to a BLS shift in order to accommodate the
transitioning paramedic. The Bridged EMT/paramedic may utilize paramedic skills while working on a
paramedic unit in this capacity in order to prevent skill degradation; however, the employee will not be
considered the paramedic of record for the unit. If the employee picks up paramedic shifts and works as
the paramedic of record for a unit, the employee will be paid at paramedic pay grade 2 or at the
paramedic pay grade that provides the next highest rate of pay above the employee’s existing EMT rate
of pay, whichever is higher.The Bridged EMT/Paramedic will have concurrent EMT and paramedic
wage rates until fully promoted to paramedic. The paramedic wage rate shall be established based on
the date the employee successfully completes paramedic field training and shall be increased according
to the terms of this Agreement. !
!
Section 11.03 Bridged EMT Differential
Bridged EMTs who successfully complete the Bridge program shall receive an hourly differential of
$0.10 per hour while working on a paramedic unit.
Section 11.04 Paramedic Field Trainer Pay
Employer designated Paramedic Field Trainers (PFT) shall receive additional compensation added to
their regular hourly rates as follows:
$1.88 per hour for 12 hour shifts
$1.44 per hour for 24 hour shifts
The Employer shall have the right to assign PFTs based on need and necessity. The Employer reserves
the right to assign the PFT to shift configurations that best suit the educational needs of the trainee. If the
PFT is unable or is unwilling to accept the assignment as proposed, the Employer may remove and
reassign the PFT designation from the employee. Additionally, the PFT is required to participate in
ongoing training and education programs in order to receive the hourly rate incentive. Any PFT who
fails to meet field-training criteria as set forth by the Quality Assurance/ Training Department, (i.e.
incomplete paperwork, disciplinary problems or clinical performance issues), may be removed as a PFT
by the Employer. If the PFT has two trainees assigned at one time, the PFT shall receive the PFT
assignment pay for each person assigned.
!
Section 11.05 OCA Supervisors
Employer designated OCA Supervisors receive additional compensation when performing the duties of
an OCA Supervisor.The amount of additional compensation shall be determined solely by the Employer.
27
ARTICLE 12 - HEALTH AND WELFARE BENEFITS!
Section 12.01 Insurance Benefits!
&
The Employer agrees to make available to all full-time employeescovered by this Agreement a
sponsored benefit plan that includes medical, dental and vision insurance; long term disability insurance;
group term life and accidental death and dismemberment (AD&D) insurance; group supplemental life
and AD&D insurance, and flexible spending accounts for healthcare and dependent care costs.
Full-time employeesbecome eligible to participate in the benefit plans after completion of 30 days of
active full time employment.
Employee-paid premium costs are pre-tax deductions.
Section 12.02 Health Insurance
A.
Medical Insurance
Full-time employees who elect to receive medical insurance from the Employer shall have the option of
participating in one of the following medical plans as described in Addendum “D” to this Agreement:
UHC Health Savings Plan (HSP)
UHC Co-Pay Plan
Kaiser 250 HMO
Kaiser $0 HMO
For the 2011-2012 plan year, the employee share of the biweekly premium cost for the medical plans,
including the tobacco free and regular rates, shall be as set forth in Addendum “D” to this Agreement.
The employee share of the biweekly premium cost for the UHC HSP shall not increase more than 15%
in any subsequent plan year during the life of this Agreement. The remaining medical plans will be
offered on the same terms and conditions as are made available to the non-bargaining unit employees
and managers of the Employer’s San Diego operations.
B.
Dental Insurance!
!
The Employer will offer each full-time employee a Preferred Provider Dental Plan (PPD) through
MetLife as described in Addendum “D” to this Agreement.!
!
For the 2011-2012 plan year, theemployee share of the biweekly premium cost for the PPD shall be as
set forth in Addendum “D” to this Agreement.
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:>@!(7>@*)*7>?!:?!:8'!5:@'!:+:*.:A.'!)7!)4'!>7>;A:8B:*>*>B!->*)!'56.7/''?!:>@!5:>:B'8?!7&!)4'!
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!
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C.
Vision Plan!
!
The Employer will offer each full-time employee a Vision Plan. Employees pay 100% of the premiums
for the vision plan.!
!
D.
Plan Changes
Should any of the insurance plans specified in this section be discontinued or substantially modified by
the insurance provider or carrier, the Employer reserves the right to offer equivalent plan(s) under an
alternate insurance provider or carrier, provided the Employer gives advance notice to the Union and an
opportunity to bargain over the changes.
!
Section 12.03 Group Term Life and Supplemental!
&
A.
The Employer shall provide a basic group term life insurance plan for all full-time employees
through a life insurance carrier of the Employer’s choosing. The benefit shall be one times (1x) the
employee’s annual base pay rounded to the nearest $1,000. The plan shall also provide an accidental
death and dismemberment benefit. The plan shall be at no cost to the employee.!
!
B.
The Employer will offer a voluntary supplemental life insurance plan through a life insurance
carrier of the Employer’s choosing. Employees shall be responsible for the entire cost of the voluntary
supplemental life insurance coverage, the premiums of which are established by the insurance carrier.!
!
Section 12.04 Long Term Disability Insurance!
&
A.
The Employer shall provide each active full-time employee with a long-term disability insurance
policy of the Employer's choosing. The premium for this policy shall be paid by the Employer.!
!
B.
Any earnings from a pre-disability private, individual, non-cancelable, renewable LTD Policy
which does not coordinate benefits, and which the employee may have purchased, shall not be used to
offset benefits under the Employer’s LTD Policy.!
!
C.
Benefits shall be fifty (50%) percent rounded to the nearest dollarof pre-disability earnings up to
a maximum of $5,000.00 per month.!
!
D.
The post disability elimination period shall be ninety (90) days from the date of disability, with
benefits under policy terms payable through age sixty-five (65).!
!
E.
Full-time employees shall have the option of purchasing supplemental Long Term Disability
benefits. The supplemental option allows employees to buy up the benefit level an additional 10% on an
after-tax basis. The supplemental buy-up option increases the maximum benefit to $10,000 per month.!
!
Section 12.05 IRS 125 Flexible Spending Accounts
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A.
The Employer will allow employees to defer up to the current year’s annual maximum on a pretax basis per IRS §125 guidelines for the purpose of paying for dependent care costs for qualified
dependents. The dependent care provider will be at the discretion of the employee, however, the
employee must receive and present the third party Administrator with receipts for dependent care
services and the tax identification number of the provider.
B.
The Employer will allow employees to defer up to the current year’s annual maximum on a pretax basis per IRS§125 guidelines for qualified health related expenses not otherwise covered under any
health plan (i.e., medical, dental, vision). The employee must receive and present the third party
Administrator with receipts for medical care. The administrative cost for these plans will be paid by the
Employer.
Section 12.06 401(k) Plan
Employees may participate in the Employer’s 401(k) Plan and make elective contributions on a monthly
basis to their individual accounts up to the maximum amount allowed by law. The Employer will match
the first two percent (2%) of each employee’s elective contributions on a dollar for dollar basis through
an annual discretionary contribution. In order to receive the Employer match, the employee must be
employed on December 31 and must have worked 1,000 hours during the preceding calendar year.
Employees are 100% vested in the Employer’s matching contributions upon payment of the Employer’s
contribution.
ARTICLE 13 - CONTINUING EDUCATION!
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Section 13.01
Continuing Education
A.
The Employer provides continuing education courses, in service training and other forms of
training and education to meet licensing and certification requirements, and to satisfy additional
Employer (including the Employer’s physicians and medical program directors) and governmental
agency requirements for their classifications at no cost to employees. The Employer will make an effort
to conduct Employer-provided education and training courses on multiple shift combinations.
Employees who register for a course are required to attend the course. Employees who fail to attend a
course without advance notice or extenuating circumstances will be scheduled by the Employer to attend
the next available course date. Failure to attend any course as scheduled by the employee orEmployer
may result in disciplinary action.
B.
Full-time paramedics will be provided with 24 hours of paid continuing education annually in the
form of Employer-provided or approved programs. Employees attending mandated programs will be
paid at 1.5 times their rate of pay (minimum) or according to applicable overtime provisions. No
employee will receive extra compensation for continuing education hours completed while on duty on a
scheduled shift. Paramedics will not be reimbursed for continuing education hours attended outside the
Employer-provided or approved programs, unless the Employer provides less than 24 hours of
continuing education annually and the Employer pre-approves the employee’s attendance at the
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program. Paramedics shall be paid at the 12-hour rate of pay while attending approved continuing
education programs. Employees attending outside programs will be paid at their base hourly rate of pay.
C.
Full-time EMTs will be provided with 12 hours of paid continuing education annually in the
form of Employer-provided or approved programs. Employees attending mandatory programs will be
paid at 1.5 times their rate of pay (minimum) or according to applicable overtime provisions. No
employee will receive extra compensation for continuing education hours completed while on duty on a
scheduled shift. EMTs will not be reimbursed for continuing education hours attended outside the
Employer-provided or approved programs, unless the Employer provides less than 12 hours of
continuing education annually and the Employer pre-approves the employee’s attendance at the
program. EMTs shall be paid at the 12-hour rate of pay while attending approved continuing education
programs. Employees attending outside programs will be paid at their base hourly rate of pay.
D.
If additional continuing education and training is required in excess of the hours specified above
such training will be provided by the Employer and attendance at the mandatory training will be
compensated as specified above Mandatory meeting attendance (non continuing education) will be paid
at the employee’s regular 12-hour rate of pay as hours worked.
ARTICLE 14 - LICENSES AND CERTIFICATIONS!
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Section 14.01 Required Licenses and Certifications!
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Employees are required to maintain and provide the Employer with current copies of the following
licenses and certifications prior to their expiration:
EMT
SD County EMT Certification
California State Driver License
California State Ambulance License
Medical Examiner’s Certification
CPR Card
Paramedic
California State Paramedic License
SD County Paramedic Accreditation
California State Driver License
California State Ambulance License
Medical Examiner’s Certification
Advance Cardiac Life Support Certification
CPR Card
Employees are required to possess and carry the above-referenced original licenses and certifications for
their particular classification while on duty and performing the duties of their position. If an employee
who possesses a valid and current certification does not have it with him/her while on-duty or cannot
present such materials upon request, the employee will be sent home without pay for the remainder of
the employee’s shift.
Section 14.02 Reimbursement for Licenses and Certifications
The Employer shall reimburse full-time paramedics and EMTs for state and county re-licensure and recertification document fees. In order to receive reimbursement, completed reimbursement forms must
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be submitted to Accounts Payable with proof of payment and the certification issue date within thirty
(30) days of payment and receipt of the certification by the employee. Reimbursement forms received
after thirty (30 days) from the date ofpayment and receipt by the employee will not be considered.
Section 14.03 Loss of Required Licenses and Certifications
A.
Employees who perform work duties without a required license or certification are subject to
discharge.
B.
Employees who fail to maintain current and valid licenses and certifications required for the
performance of their job duties or who fail to provide current copies of the above-referenced licenses
and certifications shall be placed on unpaid suspension. Such employees shall be given up to thirty
(30)calendar days to obtain a current and valid license or certification. Employees who obtain the
required license or certification within the thirty (30) calendar day period shall be returned to work.
Failure to obtain the required license or certification within thirty (30) calendar days shall subject the
employee to discharge.
C.
This Section is not intended to hold employees responsible for any demonstrated administrative
or clerical errors caused by any licensing, certifying and/or accrediting agency, provided the employee
can demonstrate that the error is caused by the licensing or certifying agency.
Section 14.04 Suspensions of Required Certifications and Licenses
Employees whose state or local license is temporarily suspended by a state or local agency shall be
placed on unpaid administrative leave for a maximum of sixty (60) days. Employees may utilize
accrued PTO solely at their option during any portion of the administrative unpaid leave. Employees
shall be required to have all licenses and certifications up to date at the conclusion of the unpaid
administrative leave. Employees who fail to maintain such licenses and certifications are subject to
separation from employment.!
ARTICLE 15 - DISCIPLINE!
Section 15.01 Just Cause and Progressive Discipline
The Employer and the Union recognize the intent of disciplinary action is to remedy employee
performance problems and modify behavior in order to promote the achievement of excellent
performance. While the Employer will attempt to accomplish those objectives through training and
education, the Employer reserves the right to discipline employees based on just cause and principles of
progressive discipline. Progressive discipline normally consists of one or more verbal counseling
sessions, written warnings, and suspensions before discharge. However, serious or repeated offenses
may call for disciplinary action commensurate with the offense or totality of the circumstances, and not
necessarily based upon the premise of progression.
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Section 15.02 Investigations
Employees shall be entitled to Union representation during any interview or meeting with the Employer
that could lead to disciplinary action. The employee representative shall be a duly authorized Union
steward or Union representative. Employees who request Union representation shall be given four (4)
hours to secure the attendance of a Union steward or Union representative. If such representation cannot
be secured within four (4) hours, the Employer will designate another date and time for the interview or
meeting. If the employee is unable to secure representation for the rescheduled interview or meeting,
the Employer may proceed with the interview or meeting without the presence of a union representative.
Section 15.03 Notice of Discipline
The Employer shall notify employees in writing of any disciplinary action. The notice shall identify the
reason(s) for the action and describe the specific employee actions that are the basis for the discipline.
The notice shall also identify the effective date of the action.
Notices of disciplinary action involving suspensions and discharges shall be concurrently delivered to
the Union’s chief steward or the designated representative. The Employer shall include copies of any
documents relied upon by the Employer in support of the proposed suspension or discharge, including
but not limited to, all investigative reports, witness statements and physical evidence. Where such
documents contain confidential patient care information, legal information, or the Employer asserts that
certain information must remain confidential to protect the health and safety of other employees, such
information may be redacted before providing the documents to the Union. The Union, however, retains
the right to challenge the Employer’s decision to redact or otherwise withhold information pertaining to
a particular disciplinary action through the grievance and arbitration procedures of this Agreement when
the underlying disciplinary action itself is challenged through the grievance and arbitration procedures
of this Agreement.
The Employer shall issue disciplinary notices in privateto avoid ridicule and embarrassment. Employees
are encouraged to sign notices of disciplinary action solely to signify the employee’s receipt of the
notice. The employee’s signature does not signify that the employee agrees or disagrees with the
disciplinary action.Employees may submit a written rebuttal to any disciplinary document placed in their
personnel file within fifteen (15)calendar days of thedisciplinary action and such rebuttal shall be
attached to the document.
Section 15.04 Time Limits
To be valid, written notice of disciplinary action must be issued to the affected employee within fifteen
(15) calendar daysafter the Employer reasonably should have become aware of the alleged conduct
claimed as the basis for the disciplinary action. For purposes of this section, the requirement to “issue”
disciplinary action means either personal delivery to the affected employee or sent to the employee via
certified mail.
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Section 15.05 Records of Disciplinary Action
Discipline will be tracked in the following three (3) categories: Attendance, Performance, and Training.
Each offense in one of these three categories will be tracked progressively based on the following
retention schedule. Records of disciplinary action shall not be considered for purposes of future
disciplinary action, provided there are no further disciplinary actions in the same disciplinary category
during the applicable retention period:
A. Verbal Counseling
B. Written Warnings
C. Suspensions
12 months
12 months
24 months
Section 15.06 Suspension Pending Investigation
The Employer may suspend employees pending investigation into allegations of serious misconduct.
Employees shall be provided written notice of the reason(s) for the suspension and investigation.
Employees shall also be advised of the obligation to cooperate in the investigation and remain available
for an interview while on suspension. The Employer shall concurrently provide the Union with a copy
of the written notice.
Employees may be placed on unpaid suspension for a maximum of seven (7) calendar days pending
investigation into allegations of serious misconduct. However, employees suspended following an arrest
for alleged criminal misconduct may be continued on unpaid suspension until completion of the criminal
proceedings. Such employees may use available accrued PTO, solely at the employee’s option, until
completion of the criminal proceedings.
At the conclusion of the investigation, employees shall be returned to their regular assignments and/or
served with notice of disciplinary action. If disciplinary action is notconfirmed, employees shall be fully
reimbursed for any lost pay while on the unpaid suspension. If disciplinary action is initiated,
employees shall be reimbursed for the difference between any lost pay and the disciplinary action.
Employees may grieve the disciplinary action and/or any loss of pay while on unpaid suspension
pursuant to the grievance and arbitration provision of this Agreement.
ARTICLE 16 - GRIEVANCE AND ARBITRATION!
Section16.01 Grievance Procedure
The purpose of this procedure is to provide a timely adjustment of grievances by the Employer and the
Union following a prompt investigation and thorough discussion.
A “grievance” is a dispute brought against the Employer alleging a misinterpretation, misapplication or
alleged breach of this Agreement, including challenges to disciplinary action and discharge.
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Grievances shall be adjusted according to the procedures and conditions set forth below, except that
grievances challenging disciplinary action of less than a suspension or discharge may only be processed
through Step Four of the grievance procedure.
Section 16.02 Grievance Step One
The employee or the Union through its shop steward or field representative shall submit a written
grievance via certified mail or hand delivery to the Operations Manager or designee within fifteen (15)
calendar days of the occurrence giving rise to the grievance. “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.
The written grievance must include the following:
A. The provision of the Agreement alleged to be misinterpreted, misapplied or violated;
B. A statement identifying the factual basis for the grievance; and
C. The remedy sought.
The Operations Manager or designee shall meet with the grievant and/or representative within fifteen
(15) calendar days and shall respond in writing within fifteen (15) calendar days after such discussion.
Grievances resolved at this step shall not be precedent setting.
Section 16.03 Grievance Step Two
If the procedure in Step One fails to resolve the grievance withinfifteen (15) calendar days after the
Union’s receipt of the Step One answer, the grievance shall be submitted to the General Manager or
designee. The parties shall meet in an attempt to resolve the issue within fifteen (15) calendar days after
such submission. The General Manager or designee shall respond in writing within fifteen (15) calendar
days from the date of the meeting.
Section 16.04 Grievance Step Three
If the procedure in Step Two fails to resolve the grievance within fifteen (15) calendar days after the
Union’s receipt of the Step Two answer, the grievance shall be submitted to the Division General
Manager or designee. The parties shall meet in an attempt to resolve the issue within fifteen (15)
calendar days after such submission. The Division General Manager or designee shall respond in
writing within fifteen (15) calendar days from the date of the meeting.
Section 16.05 Grievance Step Four
The parties encourage the use of voluntary non-binding mediation as a means of settling disputes
without the time and expense of arbitration. Within fifteen (15) calendar days after the Union’s receipt
of the Step Three answer, the parties may discuss the possibility of signing a written agreement to
submit the dispute to voluntary non-binding mediation. If the parties do not sign a written agreement to
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submit the dispute to mediation, the Union may refer the grievance to arbitration (Step Five) within
thirty (30) calendar days following the Union’s receipt of the Step Three answer. If, however, the
parties sign a written agreement to submit the dispute to mediation, the time line to submit the grievance
to arbitration (Step Five) shall not begin to run until the mediator gives his/her recommendations to the
parties.
The Federal Mediation & Conciliation Service (FMCS) shall be the permanent mediator whose function
will be to hear the contentions of the parties, review pertinent documentary evidence, and provide the
parties with recommendations on how the dispute could be resolved. The mediator’s recommendations
shall be given orally and shall be non-binding. No evidence regarding mediation efforts or the
mediator’s recommendations shall be introduced in any arbitration, judicial, or administrative
proceeding, whether state or federal.
Section 16.06 Grievance Step Five
If the grievance is not satisfactorily resolved at Step Three (or at Step Four if the parties agreed to
voluntary mediation), the Union may refer the grievance to arbitration by notifying the Employer no
later than thirty (30) calendar days after either the date the Union receives the Step Three answer to the
grievance or the date the mediator gives his/ her oral recommendations to the parties, whichever is
appropriate. The parties shall endeavor to select a mutually agreeable arbitrator within fifteen (15)
calendar days following the Union’s notice of intent to arbitrate the grievance. If the parties are unable
to agree upon an arbitrator, the parties shall request a list of seven (7) labor arbitrators from the
American Arbitration Association (AAA). An arbitrator shall be selected in accordance with AAA
procedures and an arbitration hearing shall be conducted in accordance with its Labor Arbitration rules
and the terms of this Agreement.
The arbitrator’s authority shall be limited 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 decision of the arbitrator shall be final and binding on the parties.
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, except for
grievances appealing the imposition of corrective action and discharge where the Employer shall have
the burden of production and proof at the hearing.
Back pay awards are subject to offset for unemployment benefits and other interim compensation earned
or received by the grievant as a substitute for lost wages during the back pay period.
The fees and expenses of the arbitrator shall be shared equally by the parties. A party who presents a
pre-hearing motion (including but not limited to challenges to arbitrability) that is denied by the
arbitrator shall be solely responsible for the arbitrator’s fees and expenses relating to resolution of the
pre-hearing motion. Unless mutually agreed upon by the parties, fees for court reporters and hearing
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transcripts shall be born solely by the party requesting such services. The parties shall bear their own
expenses for legal representation.
Section 16.07 Time Limits
By mutual agreement between the Union and the Employer, the time limits of any step of the grievance
procedure may be extended and such extension must be confirmed in writing within the specified time
limits. If the Employer fails to respond to a grievance within the time limits specified in this Article, the
Union may advance the grievance to the next step of the procedure. Should the Union fail to appeal a
grievance to the next step of the procedure the grievance shall be deemed waived.
Section 16.08 Participants
The Employer agrees that the grievant shall be allowed to participate in any and all steps of the
grievance and arbitration procedure. The parties agree to exercise their best efforts to arrange grievance
meetings thataccommodate the schedules of all participants.
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!
ARTICLE 17 - DRUG AND ALCOHOL FREE WORKPLACE!
Section 17.01 Drug and Alcohol Testing Policy
The Employer and the Union are committed to maintaining a drug and alcohol free workplace for the
safety of employees, patients and the public. The Employer and the Union agree that employees covered
by this Agreement shall be subject to the substance testing policies and procedure appearing as
Addendum “B” to this Agreement.
Section 17.02 Right to Representation
Employees shall be allowed to contact a duly authorized Union steward or Union representative and
obtain Union representation prior to submitting to any substance test authorized by the procedure
appearing as Addendum “B” to this Agreement, provided the employee chooses to contact a Union
steward or representative who can arrive at the testing facility within sixty (60) minutes. An employee’s
contact and request for Union representation shall not delay the employee’s submission to a substance
test beyond sixty (60) minutes.
!
ARTICLE 18 - MANAGEMENT RIGHTS!
Section 18.01 Management Rights Defined
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A.
Except to the extent expressly abridged by a specific provision of this Agreement, the Employer
reserves and retains, solely and exclusively, all of its inherent rights to manage, operate and control the
business.
B.
Without limiting the generality of the above and by way of example, some of the sole and
exclusive rights of management include, but are not limited to, its rights to establish, change, continue,
and/or abolish policies, practices, procedures for the conduct of business; to determine and predetermine
the number, location and types of its operations and businesses, the methods, means, processes and
materials to be used or employed; to discontinue processes or operations in whole or in part, and to
transfer, sell, or otherwise dispose of its business in whole or in part; to determine and redetermine the
number of hours per day or days per week operations shall be carried on; to select and to determine and
to redetermine the number and types of employees required; to assign work to such employees; to
transfer employees, to promote, demote, lay off, or terminate employees for just cause. The Employer
may take such measures as management may determine to be necessary for the orderly, efficient or
economical operation of the business so long as such action does not conflict with any provision of this
Agreement.
Section 18.02 Notice of Management Decisions and Effects Bargaining
The Employer shall notify the Union at least fifteen (15) calendar days prior to exercising any
management right or implementing any management decision that impacts matters within the scope of
representation as defined by the National Labor Relations Act. The Employer may take action only after
satisfying its obligations under the National Labor Relations Act. If, after written notification to the
Union regarding such actions, the Union fails to respond within fifteen (15) calendar days, the Union
waives its right to meet on the particular matter.
!
ARTICLE 19 - OPERATIONAL POLICIES, PROCEDURES AND WORK RULES!
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Section 19.01 Proposed Modifications to Operational Policies, Procedures and Work Rules
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 fifteen (15) calendar days prior to
implementation. Once received by the Union, the Union has forty-eight (48) hours to notify the
Employer that itwould like to discuss the proposed changes. Within fifteen (15) calendar days following
the Union’s acknowledged receipt of the proposed additions, deletions, or modifications, the Union shall
have the right to bargain with the Employer for up to thirty (30) days over identifiable impacts on
matters within the scope of representation. Employees shall be provided with notice of all modified
operational policies, procedures and work rules at least fifteen (15) days prior to implementation.
The provisions of this Agreement shall prevail over any inconsistent operational guidelines, policies,
procedures and work rules.
!
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ARTICLE 20 - UNION RIGHTS!
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Section 20.01 Shop Stewards!
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The Employer recognizes the right of the Union to designate shop stewards. The Union shall notify the
Employer in writing of the designated shop stewards. Shop stewards shall suffer no loss of pay for
attendance at investigatory and grievance meetings held during their shifts. Shop stewards will not be
compensated by the Employer for representation provided while off-duty.!
!
Section 20.02 Access of Union Representatives!
The Union, or its properly designated representative, will be given access to the Employer’s facilities or
work stations (collectively “facilities”) when necessary to investigate a grievance, to present a
grievance, to inspect health and safety, or transact other Union business. While at the Employers
facilities, the Union will abide by the Employer‘s rules and regulations, including health and safety rules
and regulations, and will abide by all applicable federal, state, OSHA and local health and safety laws
and regulations.
!
Section 20.03 Bulletin Boards and Union Communications!
A.
The Employer shall provide bulletin boards for the Union’s use at its main office in an area to
which bargaining unit employees have regular access. In addition, the Employer shall provide a
clipboard for the posting of Union bulletins and memos at all other locations where bargaining unit
employees report for work. Bulletin boards and/or clipboards shall be used by the Union to post and
distribute Union announcements and notices. Union announcements and notices will be maintained by
the Chief Shop Steward and/or an authorized Union representative, with the posting or removal of such
materials to be handled by the same.
B.
The Employer agrees that the Union may also post Union announcements and notices on the
Employer’s “Net Scheduler” system.
!
Section 20.04 New Employee Orientations!
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A duly authorized Union representative shall be given an opportunity to attend the orientation meetings
for new employees. The Union will be notified of the date of the orientation meetings and, upon request,
shall be allowed twenty (20) minutes to meet with the employees. The Employer shall have the right to
be present at this meeting with employees.
!
Section 20.05 Labor-Management Committee!
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A.
The parties agree to establish a Labor-Management Committee for the sole purpose of discussing
issues relating to this Agreement. Other issues of common concern may be discussed. The intent of the
parties to foster a cooperative atmosphere and harmonious working relations.
B.
The Committee shall be composed of four (4) representatives for the Union and four (4)
representatives for the Employer.
C.
Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to
both parties. The Employer will facilitate shift relief for Union members of the Committee as necessary
for attendance at meetings.
ARTICLE 21 - UNION SECURITY!
Section 21.01 Union Security
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 the initiation fee,
regular monthly dues and applicable assessments to the Union, or in lieu thereof, shall pay an amount
equal to the Union’s initiation fee and thereafter pay to the Union each month, either directly or through
payroll deduction, an agency shop fee. 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, whichever is
later. Employees must notify the Union in writing of their intention not to be a member of the Union
and to pay an agency shop fee in lieu of the Union's regular monthly dues and assessments. The Union
will comply with applicable laws regarding its calculation of agency shop fees and the information
provided to non-Union members relating to that calculation. The Employer shall not be required to
discharge any employee for failing to comply with this section until the Union has verified in writing to
the Employer that all applicable legal pre-requisites for such action have been satisfied.
Section 21.02 Dues Deduction
The Employer agrees to deduct from the wages of bargaining unit employees who execute a signed
authorization, the monthly dues, assessments and other approved fees in amounts designated by the
Union. Said deductions shall be made on a bi-weekly basis and forwarded to the Union immediately
thereafter along with a list of all employees from whom dues, assessments or fees were deducted. Upon
transmittal of said funds, the Employer’s obligation and responsibility shall cease with respect to such
deductions.
The Employer shall be relieved from making such check-off deductions for specific employees upon: (a)
termination of employment; (b) transfer to a job other than one covered by the bargaining unit; (c) layoff
from work; (d) an approved leave of absence; or (e) revocation of the check-off authorization in
accordance with the terms of this Article or applicable law. Notwithstanding (a), (b), (c) and (d) above,
upon return of an employee to work from any of the foregoing enumerated absences, the Employer will
immediately resume the obligation of making said deductions. The Employer shall not be obliged to
make dues deductions of any kind from any employee who, during the pay period involved, shall have
failed to receive sufficient wages to equal the dues deductions.
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Section 21.03 Indemnification
The Union, and each employee authorizing the assignment of his/her wages in accordance with this
Article, herebyundertake and agree to indemnify, defend and hold Employer harmless from all claims,
demands, suits and other forms of liability, including Employer’s reasonable attorneys’ fees, that may be
made against or incurred by it from or by reason of any action or inaction by Employer in carrying out
the provisions of this Article.
Section 21.04 New Employee/Terminated Employee Lists
The Employer agrees to furnish the Union on a monthly basis with: (1) the names of newly hired
bargaining unit employees, their addresses, classifications of work, their dates of hire, categories of
employment (full or part-time); (2) the names of separated bargaining unit employees, together with the
dates of their termination; and (3) the names of bargaining unit employees on any leave of absence.
!
ARTICLE 22 - NO STRIKE/NO LOCKOUT!
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Section 22.01 No Strike!
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A.
The duties performed by employees covered by this Agreement involve potential life and death
situations. Any delay in treating patients or transporting them to hospitals or other medical facilities, or
in responding to calls, can result in exacerbating the problems of ill and injured patients.
B.
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, sit-down, stay-in, slowdown, boycott, work stoppage, or sympathy strike against the Employer
within the bargaining unit covered by this Agreement.
C.
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, 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 to immediately respond to patients or standby post locations as
requested.
41
D.
Employees who violate this Article are subject to discharge from employment.
Section 22.02 Union Responsibility
A.
Should there be a strike, sit-down, stay-in, slowdown, boycott, work stoppage, interruption of
work or other interference with the operations of the Employer, after notification to an officer of the
Union by the Employer, the Union shall immediately and in good faith:
1.
Confirm tothe Employer, in writing, that such actions have not been called for or
sanctioned by the Union.
2.
Notify involved employees that the Union disapproves and disavows such actions and
instruct employees to cease such action and return to work immediately. If requested by the
Union to help with the delivery of such notification to the employees, the Employer agrees to
facilitate the same.
Section 22.03 No Lockout
A.
!
The Employer will not lockout any employees during the term of this Agreement.
ARTICLE 23 - MISCELLANEOUS!
Section 23.01 On Duty Physical Conditioning
Employees are permitted to engage in physical conditioning activities only while on duty inside their
station. Outside of the station, conditioning activities such as running or walking may be approved by
the field supervisor. Upon receipt of a call the crew is required to be in uniform and the unit on the road
within one (1)minute. No team sports are permitted under any circumstances.
The Employer will use best efforts to ensure that all employees have access to and the use of the fire
department fitness center and station workout areas and equipment at no cost to employees.
Section 23.02 Personal Vehicles
The Employer agrees to reimburse employees at the applicable IRS mileage reimbursement rate for use
of their private vehicles when directed by management to travel from one work station to another work
station during the employee’s normal work hours. Employees are required to submit an expense
reimbursement form indicating the total mileage incurred for work-related travel in order to receive
payment.
Section 23.03 Personnel Files
42
The employee and employee authorized Union representatives shall have access during normal business
hours to employee personnel files in accordance with legal requirements. Employees or Union
representatives may provide Human Resources at least three (3) business days notice so that it can
assure the file will be available for viewing. The Employer will release information from the employee
personnel file to a third party only upon presentation of a valid subpoena. Upon request, the employee
may obtaina copy of any document signed by the employee that is placed in their personnel file
including copies of any document pertaining to discipline or performance. Employees may submit a
written rebuttal to any disciplinary document placed in their personnel file within fifteen (15)calendar
days of thedisciplinary action and such rebuttal shall be attached to the document.
Following theexpiration on the time limitof an incident, documents pertaining to employee discipline
shall be placed into a closed envelope in the employee’s personnel file according to the schedule
specified in Section 15.05 of this Agreement. The Employer will not access the information in the
envelope when reviewing the disciplinary history of an employee, and documents placed into the closed
envelope are not admissible in disciplinary proceedings against the employee.The Employer’s Human
Resource Department will place an envelope in every employee’s file whether or not any disciplinary
documents exist in any particular employee’s file.
Section 23.04 Outside Employment
Employees are not permitted to work for a competing private provider of ground medical transportation
or standby/special event medical services unless approved by the Employer. Rural/Metro shall be
considered by full-time employees covered by this Agreement as their Employer of first choice. No
employee shall call off from Rural/Metro to work for any other employer. Violation of this Section will
subject the employee to disciplinary action up to and including discharge.
Section 23.05 Subcontracting
The Employer shall not contract or subcontract for any work normally performed by employees covered
by this Agreement if such contracting has the purpose or effect of displacing bargaining unit employees
or eroding the bargaining unit. Nor shall the Employer assign non-bargaining unit employees to perform
any bargaining unit work or assignments (i.e., any work within the primary geographic areas covered by
the bargaining unit and contractual work originating from within the bargaining unit) when bargaining
unit employees are otherwise available and willing to perform the work. The Employer may use nonbargaining unit employees temporarily to perform work covered by this Agreement when necessary to
comply with the terms of a contract requiring a network of providers or the use of ancillary medical
personnel.
For purposes of this Section the existing San Diego Medical Services partnership is not considered
subcontracting.
Section 23.06 Catastrophic Leave
43
The Employer shall administer a Catastrophic Leave Bank permitting the Employer’s employees to
assist other employees who face extended leaves without pay due to a catastrophic occurrence in their
lives. For the purpose of this plan, a catastrophic occurrence is defined as any event that would qualify
the employee for leave under the Family Medical Leave Act and/or the California Family Rights Act.
Employees shall be permitted to donate a portion of their PTO hours to another employee up to a
maximum of 250 PTO hours annually. The Donor Department will be billed for the dollar amount of
the Donor's PTO donation. Employees desiring Catastrophic Leave shall provide to Employer a
statement from their physician describing the nature of the illness or injury and the estimated time the
employee will be unable to work.
Section 23.07 Disability Accommodations
The Union acknowledges that the Employer may be obligated to reasonably accommodate disabled
employees in accordance with the American with Disabilities Act and/or the California Fair
Employment and Housing 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 considered when evaluating the reasonableness of any
accommodation. The Employer and the Union shall confer on the reasonableness of any proposed
accommodation that impacts seniority rights ofcurrent employees.
Section 23.08 Fitness for Duty
The Employer may subject employees to job related physical ability tests (i.e., lift test) and/or fitness for
duty examinations to ensure employees can safely perform the essential functions of their job
classifications as specified in established Employer job descriptions. The Employer shall be solely
responsible for the cost of physical ability tests and/or fitness for duty examinations. Employees shall
receive their regular compensation for all time spent commuting to and from physical ability tests and/or
fitness for duty examinations and for the time spent in the test and/or examination itself measured from
the Employer’s operations center to the location of the physical ability test and/or fitness for duty
examination.
The Employer may subject employees returning from any leave of absence to a job related physical
ability test (i.e., lift test) as specified herein. Physical ability tests will be administered by the
Employer’s qualified medical examiner. Employees returning from leaves lasting more than thirty (30)
days will be allowed to return to their regular job classifications and job assignments only after
successfully passing the physical ability test. The Employer reserves the right to require employees
returning from leaves lasting less than thirty (30) days to successfully pass the physical ability test
depending on the nature of the condition giving rise to the leave. When the leave is occasioned by a
medical condition the employee may additionally required to present an unrestricted work release form
(medical certification).
The Employer may subject employees to fitness for duty medical and/or psychological examinations
only when there are objectively identifiable reasons to believe that an employee may not be capable of
safely performing the essential functions of their job classification. Medical personnel conducting
fitness for duty medical and/or psychological examinations on behalf of the Employer pursuant to this
44
section shall be appropriately qualified to conduct the particular examination. Employees shall not be
required to authorize a greater release of information to the Employer other than whether the employee
is fit or unfit for duty and, if unfit, only identify the employee’s functional limitations to safely
performing the essential functions of their job classifications.
Employees who are found to be fit to safely perform the essential functions of their job classifications
shall be allowed to continue working their regular positions and assignments without restriction.
If an employee fails a physical ability test and/or fitness for duty examination the employee will be
placed on FMLA/CFRA or Personal Medical leave of absence for up to twelve (12) weeks until the
employee successfully passes the physical ability test and/orfitness for duty examination. test, whichever
occurs first. Employees may utilize any accrued PTO during such a leave of absence. Employees who
remain unable to pass a physical ability test and/orfitness for duty examination after the extended leave
may be separated from employment, subject to the requirements of applicable leave and disability laws.
!
Section 23.09 Employer/Union Cooperation
During the term of this Agreement and upon request by the Employer, the Union, its representatives and
employees may assist, promote, lobby and otherwise aid the Employer in soliciting and obtaining new or
retaining existing contracts or business relationships within the geographic reach of the bargaining unit.
Section 23.10 Station Amenities
The Employer will ensure that employees assigned to fire stations continue to have access to and use of
existing fire station amenities (i.e., furniture, showers, televisions, cable/satellite service, etc.) at no cost
to employees. The Employer will also maintain existing amenities at all Employer-provided stations
and crew quarters. It is the responsibility of the employees to use the amenities properly, keep them
clean, and report any incident of damaged property immediately.
Section 23.11 County Service Area 17
Special provisions pertaining to accreditation, seniority, bidding, and the filling of vacancies for
employees working in County Service Area 17 are contained in Addendum “E” to this Agreement.
ARTICLE 24 - FULL UNDERSTANDING!
Section 24.01 Severability
This Agreement shall be subject to all applicable federal and state laws, 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 this 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.
45
Section 24.02 Amendments
Any changes or amendments to this Agreement shall be in writing and duly executed by the parties.
Section 24.03 Bargaining Waiver
The parties acknowledge and agree that this document and any documents incorporated by reference
constitute the entire agreement between the Employer and the Union with respect to subjects or matters
referred to or covered by 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 with respect to any subjects or matters referred to or covered by this Agreement. However,
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 provides for bargaining.
Section 24.04 Successor Clause
This Agreement shall be binding upon the successors and assigns of the Employer and no provisions,
terms or obligations herein contained will be affected or changed in any respect by the consolidation,
merger, sale, transfer or assignment of the Employer or affected or changed in respect to any change in
the legal status, ownership, name or management of the Employer or by any change in the location of
the place of the Company’s business within San Diego County.
!
46
ARTICLE 25 - TERM OF AGREEMENT!
This Agreement is effective October 1, 2011 and shall continue in full force and effect through midnight
on June 30, 2014.
47
48
ADDENDUM “A”
OPTIONAL UNIFORM ITEMS
The following items may be purchased by employees with their uniform allowance from an Employerapproved vendor.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Lion- station Jacket
Rain gear (pants/jacket with hood)
o 5-11
Pullovers ! zip/button- (job shirts); Hoodless-Sweatshirt style
o Blauer
o 5-11
Boot insoles
Knife
Leatherman “multi- tool”
Flashlight
Zipper laces
Key holder
Socks
Stinger case
T shirts (undershirt) Navy or White
Stethoscopes
Watches
Gear bags/Backpack
Company Approved Baseball style Hats
Under armor Navy or White
Safety glasses
Sunglasses
Fanny packs
Alterations/embroidery for uniforms
Radio accessories
Trauma Sheers ( http://www.bigshears.com/cart/ )
Additional items may be added by mutual agreement through the Labor Management Committee.
ADDENDUM “B”
SUBSTANCE ABUSE TESTING POLICY AND PROCEDURE
I. PURPOSE
The purpose of this policy is to provide a uniform process for addressing alcohol and drug abuse
problems in the workplace. The policy and testing procedures established to carry out the provisions of
this policy are designed to ensure a drug-free workplace, provide employees the opportunity for
rehabilitation if reasonably possible and appropriate under the circumstances, and to outline the
responsibilities of managers, supervisors and employees. Of primary concern to the Employer is that
employees are in a condition to perform their duties safely, effectively and efficiently in the interest of
themselves, co-workers, patients and the public. The presence of drugs and alcohol on the job, and the
influence of these substances on employees during working hours, are inconsistent with this objective.
II. POLICY STATEMENT
The Employer’s policy is to maintain a safe work environment conducive to effective EMS operations.
All personnel, equipment, and operating practices are required to be consistent with the highest
standards of health and safety. The presence of alcohol, illegal drugs, non-prescribed drugs, or the
improper use of prescribed drugs in the workplace and the influence of these substances on employees
during working hours is inconsistent with effective EMS operations.
The following policy has been adopted not only to protect the health and safety of our employees and
the public we serve but also to encourage any employee with a substance abuse problem to voluntarily
seek professional assistance.
The Employer’s policy requires that employees will not use (other than properly used prescribed or
over-the-counter drugs), possess, conceal, manufacture, transport, sell, buy, or promote the sale of any
drug or alcohol on Company premises or off premises when they are engaged in Company business.
In addition, any use of drugs or alcohol off-duty, which subsequently impairs the employee’s job
performance or jeopardizes the safety of other employees or customers shall not be tolerated. The term
“Company premises” includes, but is not limited to: Company offices, parking lots, work locations,
garages, desk, lockers, and any vehicle engaged in Company business.
Employees shall not consume alcohol under any of the following circumstances:
•
•
•
On duty
On a response
In their Rural/Metro uniform, even if off duty
Violation of any element of this policy will result in corrective action, up to and including termination.
Employer policy requires that all employees will:
A.
Notify their supervisor and/or manager prior to the start of their shifts when taking medications,
prescription or otherwise, which may impact their work performance or ability to safely perform
their assigned job duties.
B.
Report an arrest for an alcohol or drug related offense within 48 hours following the arrest.
III. MANAGEMENT AND SUPERVISORY TRAINING
Managers and supervisors have a key role in establishing and monitoring a drug-free workplace. The
Employer will provide training to assist supervisors and managers in recognizing and addressing drug or
alcohol use by employees. All new supervisors will be provided training.
Managers and supervisors who could be making a determination of reasonable suspicion must receive:
(1) at least sixty (60) minutes of training on alcohol misuse; (2) at least sixty (60) minutes additional
training on controlled substance use. The training shall cover the physical, behavioral, speech, and
performance indicators of probable alcohol misuse and use of controlled substances. The purpose of this
training is to promote understanding of the Employer’s policies relevant to work performance problems;
drug and alcohol misuse in the work place; the Employer’s procedures for referring employees to
rehabilitative services; how employee performance and behavioral changes should be recognized and
documented; skills in confronting employees with possible problems; and the proper corrective approach
in dealing with drug and alcohol abuse problems.
IV. APPLICATION OF POLICY
This policy applies to all employees when they are on Employer property or when performing any
Employer-related business. The basis for such testing may include reasonable suspicion, post-accident,
and random. Compliance with this policy is a condition of continued employment. An employee's
refusal to submit to an alcohol and/drug test when requested by a manager or supervisor in accordance
with this policy, may constitute insubordination and will result in immediate suspension without pay
pending further investigation. Refusal to submit to a test can include an inability to provide a urine
specimen or breath sample without a valid medical explanation, as well as a verbal declaration,
obstructive behavior or physical absence resulting in the inability to conduct the test. Any employee
who ultimatelyrefuses to comply with a request for testing, who provides false information in
connection with a test, or who attempts to falsify test results through tampering, contamination,
adulteration or substitution shall be removed from duty immediately and will be subject to termination.
An employee may be placed on an unpaid leave of absence pending receipt of drug/alcohol test results,
or returned to duty depending on the supervisor's assessment of the employee's ability to safely perform
job functions. If test results are negative, the employee will be returned to work and paid for regularly
scheduled work time missed during the unpaid leave.
V. PRESCRIBED MEDICATIONS
The use of medically prescribed medications and drugs in compliance with physician instructions is not
a violation of this policy. In the event there is a question regarding an employee's ability to perform
assigned duties safely and effectively while using such medication or drugs, clearance from physician
may be required by management.
Prior to beginning work, if an employee knows of certain side effects, the employee shall notify the onduty supervisor and/or manager that the employee is taking medications which may impact work
performance and/or the ability to safely perform assigned job duties.
If while using physician prescribed medications at work, the employee becomes aware of any side
effects that are or may impact the employee’s work performance and/or the employee’s ability to safely
perform assigned job duties, the employee must immediately notify the on-duty supervisor.
The Employer has the right to restrict an employee's work activities while that employee is using
prescribed medications. The Employer may also require an employee on prescribed medication to take a
leave of absence or reassign work while taking such drugs. In any case, no employee may report to
work if the employee is impaired by the use of the drugs to the point the impairment might endanger the
employee's safety or the safety of anyone else or substantially interfere with the performance of assigned
job duties or the efficient operations of the Employer.
VI. TYPES OF TESTING
A.
REASONABLE SUSPICION DRUG AND ALCOHOL TESTING
An employee who is suspected of being under the influence of alcohol or drugs in the workplace, or
while on-call or assigned standby duty, may be required to undergo an alcohol and drug test.
Reasonable suspicion is a belief based on objective facts sufficient to lead a prudent manager and/or
supervisor to suspect that an employee is under the influence of drugs and/or alcohol so that the
employee's ability to perform the functions of the job is impaired, or so that the employee's ability to
perform the job in a safe manner is reduced. Reasonable suspicion shall not exist, and shall not be a
basis for testing, if it is based solely on the observation and reports of a third party.
The following may give rise to a reasonable suspicion of belief that an employee is under the influence
of drugs or alcohol. This includes, but is not limited to:
1.
Direct observation of drug or alcohol use or possession and/or the physical symptoms of
being under the influence of a drug or alcohol;
2.
Incoherent or slurred speech;
3.
Odor of alcohol on the breath;
4.
Inability to respond appropriately to questions an employee should reasonably be capable
of answering;
5.
Unsteady walking and movement, disorientation or loss of balance;
6.
Physical symptoms of alcohol or drug influence (red and watery eyes, if not explained by
environmental causes);
7.
A pattern of abnormal, erratic, paranoid or bizarre behavior; or
8.
Unexplained drowsiness.
If a manager and/or supervisor makes an observation of an employee which leads them to believe it may
constitute reasonable cause for drug or alcohol testing, the manager and/or supervisor will notify the
employee of the suspicions that the employee may be under the influence of alcohol or a drug. The
employee will be offered an opportunity to give an explanation of their condition, and will be subject to
testing. The employee shall be advised of the right to representation. The employee will be given access
to reasonable phone calls and assistance in trying to reach a representative.
A manager and/or supervisor may direct that an employee submit to a drug and/or alcohol test. Such a
directive shall be in writing and be signed by the requesting manager and/or supervisor before the
employee undergoes the test. Any manager and/or supervisor directing that an employee submit to a
drug and/or alcohol test must document in writing the facts and observations that led him/her to
reasonably suspect that the employee in question was under the influence of drugs or alcohol.
Such documentation shall be provided to the employee at the time the manager and/or supervisor
requests submission to a drug test. The form shall then be submitted to the operations manager on the
next business dayfrom the date of the request. In addition, the employee shall be given a written letter
directing the employee to submit to the drug and/or alcohol test prior to taking the employee for
specimen collection.
B.
FOR CAUSE DRUG AND ALCOHOL TESTING
Employees will be required to undergo for cause controlled substance and/or alcohol testing when:
C.
1.
An employee is involved in an accident involving Employer vehicles or equipment and
the employee’s performance cannot be discounted as a contributing factor. Following an
accident, the employee will be tested as soon as possible, but not to exceed four (4) hours
for alcohol and controlled substances. Employees must refrain from alcohol use or more
than a 1/2 (one-half) liter of any liquid until the employee undergoes testing or until a
manager or supervisor determines that a test is not required. Any employee who leaves
the scene of the accident without appropriate authorization prior to submission to
controlled substance and alcohol testing will be considered to have refused the test.
2.
Controlled substances to which the employee had access are altered or missing.
3.
An employee has more than two worker’s compensation claims that involve medical
treatment within a 12-month period.
RANDOM DRUG AND ALCOHOL TESTING
Employees are subject to random, unannounced testing for drugs and alcohol. Random selection shall
be conducted by an outside agency and must use a scientifically valid method for selecting the
individuals to be tested. Twenty-five percent (25%) of the employees in the bargaining unit shall be
randomly tested for drugs and alcohol in a calendar year.
VII. DRUG and ALCOHOL TESTING PROCEDURE
The alcohol and drug test may test for any legal or illegal substance, which could impair an employee's
ability to perform the functions of the job effectively and safely. These include, but are not limited to,
marijuana metabolites, cocaine metabolites, opiate metabolites, phencyclidine (“PCP”), amphetamines
and ethyl alcohol. Testing will only be done by a duly certified laboratory.
All procedures used for urine collection, breath alcohol testing, laboratory analysis of urine specimens,
medical review of test results, and substance abuse professional evaluations shall be in conformance
with 49 CFR Part 40 and 49 CFR Part 382, et seq. as they now exist, or may exist in the future.
Employees shall be compensated as hours worked for all time spent complying with supervisor or
manager requests to submit to drug and alcohol testing pursuant to this policy, including travel time to
and from testing locations, waiting time and the time spent submitting to the test.
All drug test results are reviewed by a Medical Review Officer (“MRO”) before they are reported to the
Employer. If the laboratory reports a positive test to the MRO, the MRO will contact the employee to
determine if there is an alternative medical explanation for the positive test. If the employee provides
appropriate documentation and the MRO determines that it is a legitimate medical use of the prohibited
drug, the drug result is reported as negative to the Employer. Any positive drug test shall be considered
a violation of this policy.
A.
ALCOHOL TESTING LEVELS
Tests for alcohol concentration will be conducted utilizing an approved Evidential Breath Testing device
(“EBT”) operated by a trained Breath Alcohol Technician (“BAT”) or by urinalysis. If the initial test
indicated an alcohol concentration of .02 or greater, a confirmation test will be performed to confirm the
result of the initial test. An alcohol concentration of .02 or greater on a confirmatory breath, urine, or
blood alcohol test will be considered a positive alcohol test and a violation of this policy.
B.
EMPLOYEE REQUESTED TESTING
Any employee who questions the result of a required controlled substance test under this policy may
request that an additional test be conducted. This additional test may be conducted at the same
laboratory or at a different certified laboratory. The tests must be conducted on the split sample that was
provided at the same time as the original sample. All costs for such testing are to be paid by the
employee. The method of collecting, storing and testing the split sample will be consistent with the
procedures set forth in 49 CFR Part 40 et seq., as it now exists, or may exist in the future. The
employee's request for a retest must be made to the general manager within one (1) business day of
notice of the test result.
C.
POSITIVE CONTROLLED SUBSTANCE AND/OR ALCOHOL TEST AND PREDISCLOSURE OF SUBSTANCE PROBLEMS
Employees are strongly encouraged to proactively inform their supervisor or Human Resources if they
have an alcohol or controlled substance abuse problem. If notified, the Employer will carry out an
investigation into the matter and offer the Employee Assistance Program (EAP) as an option for
assistance. The investigation may include requiring the employee to take an alcohol and/or drug test.
If the investigation shows the employee’s disclosure was made proactively [i.e. before being requested
by the Employer to submit to drug or alcohol testing and before an incident occurs that could reasonably
lead to such request], the employee may be permitted, in lieu of termination, to enter a “Last Chance
Agreement” between the employee and the Employer.
A “Last Chance Agreement” with the Employer may include the following:
•
•
•
The Employer may require the employee to take an unpaid leave of absence in order to complete
an appropriate treatment program for drug and/or alcohol abuse
In order to be eligible to return to full duty, employee’s participating in a “Last Chance
Agreement” must agree to fully comply with all requirements established by the Employer, the
local EMS Agency, and the EMS Agency Medical Director.
Submit to random drug screenings at the Employer’s request at an Employer designate facility
for a minimum of twelve (12) months after the employee is allowed to return to full duty, at the
employee’s own expense.
Self-disclosure of an alcohol or drug abuse problem that is deemed reactive in nature [i.e. after being
requested by the Employer to submit to drug and/or alcohol testing randomly or after an incident that
could reasonably lead to such request] will be handled on a case-by-case basis as determined by the
Division General Manager.
VIII. CONFIDENTIALITY
A.
Laboratory reports or test results shall not appear in an employee's personnel folder. Information of
this nature will be contained in a separate confidential folder that will be maintained by Human
Resources.
B.
All information from an employee's drug and alcohol test is confidential and will be disclosed only
to the employee, operations manager, or the operations manager’s designee responsible for
receiving this information strictly on a need-to-know basis.
Addendum “C” – Wage Matrixes
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ADDENDUM “E”
COUNTY SERVICE AREA 17
CSA 17 is defined as the contractual service area within the confines of the County of San Diego
Service Area 17 (San Dieguito EMS District).
Due to contractual obligations of the employer and the County of San Diego the following criteria have
been established for Accreditation, Seniority and Bidding.
AccreditationCSA 17 accreditation is established through completion of a chief’s interview and completion of
documented orientation to the CSA 17 work area.
As CSA 17 accredited employees are needed by the employer the establishment of an interview process
will occur not less than once a year. The interview process will be announced through bulk mail on “Net
Scheduler”, and posting at all work areas. The number of accreditation positions and classification open
for interview will be announced prior to the interview. The interview process will consist of a uniform
set of questions with an associated point value given to each question for a final tabulation of a bulk
score. The employees that have the highest accumulated score will be moved forward into the CSA 17
orientation. Once the orientation is completed the employees status will be changed in “Net Scheduler”
to CSA 17 accredited as well as permanent documentation in the employees file with date of interview
and orientation completion.
The employer will contact all employees on the accredited list via documented attempts “Net Scheduler”
or documented phone calls with messages and times to determine the employees desire to remain on the
accredited list. This will occur starting on the 1st of April with completion and documented confirmation
no later than April 20th. All employees that do not wish to remain on the accreditation list will be
permanently removed and have to start the process from the beginning to return to the list.
SenioritySeniority within the CSA 17 work area will be established by a CSA 17 accredited employee bidding
into a permanent CSA 17 position. Once the bid is complete a finalized employee roster will be
published with all personnel on that list to be moved into the permanent CSA 17 standings and
beginning of accrual of seniority. Temporary assignment to the CSA 17 work area will not constitute the
accrual of CSA 17 seniority in. Seniority is based on class, in the event that an EMT becomes a
paramedic they will revert to CSA 17 accredited status with no full time status credit.
In the occurrence a permanent CSA 17 employee removes themselves from the CSA 17 position, the
employee’s bidding seniority will be frozen in place. The employee will no longer accumulate seniority
nor will the employee lose any seniority, until the employee bids back into a permanent CSA 17
position.
When a CSA 17 accredited employee is awarded the interview (M2391) position the employee will
begin to accumulate permanent seniority on the awarding of the interview position. The interview
position will be open to all CSA 17 accredited employees. The interview process will consist of a
uniform set of questions with an associated point value given to each question for a final tabulation of a
bulk score. The employee that has the highest accumulated score will be moved into the interview
position (M2391).
BiddingBidding will occur once a year or when a permanent CSA 17 position becomes available for permanent
placement. Announcement for bid will be made on “Net Scheduler” and at all work areas with a
minimum of 30 days notice prior to bid. Positions that open when an employee goes onto LOA (Leave
of Absence) or FMLA (Family Medical Leave Act) will not constitute the need for a bid as that position
will be filled by an employee in a temp/perm status.
During the bid process all permanent employees will be given bid times following the CSA 17
permanent seniority list as well as the top 20 CSA 17 accredited employees that are not on the CSA 17
permanent seniority list following the company seniority list in class.
Temporary/Permanent PositionsAs needed an employee may be moved to the CSA 17 work area on a temp/perm bases that has met all
the criteria for CSA 17 accreditation in seniority order in regards to company seniority in class. Any
employee moved for a temp/perm bases will not accrue CSA 17 seniority and will not have seniority
established for bidding purposes.

NEMSA Rural/Metro San Diego CBA - National Emergency Medical

Transcription

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