NEMSA Northeast CBA 2009-2012

COLLECTIVE BARGAINING AGREEMENT
Between
N
O
R
T
H
E
A
S
T
NATIONAL EMERGENCY
MEDICAL SERVICES ASSOCIATION
AND
AMERICAN MEDICAL RESPONSE, INC.
NORTHEAST
AUGUST 1, 2009 – DECEMBER 31, 2012
0
8/1/2009
Dear NEMSA Northeast Member,
This contract is the results of nearly six months of negotiations with AMR. Negotiations are never easy and
your NEMSA bargaining team, made up of your fellow co-workers worked diligently to continue the wages,
working conditions, and benefits that have made your workforce the example to follow for New England. This
contract contains wages, benefits, and working conditions that have set the standard for other private-EMS
providers in New England and throughout the nation.
This contract also continues the 21-step seniority based pay scale that you enjoy. This pay scale is notable
because it is the single best NEMSA pay scale in the nation and guarantees your wages will continue to increase
during these difficult economic times.
This contract continues on the tradition of the NEMSA Northeast bargaining unit being among the highest
paid and best-benefited EMS Professionals in New England. Your bargaining team had to consider many difficult
options and produced a contract that moves EMS Professionals in the Northeast forward and also protects jobs.
Congratulations and another great NEMSA contract. I would like to thank the bargaining team for their
hard work and dedication in this successor agreement.
Thank You Everyone For Your Continued Support Of NEMSA
Sincerely
Torren Colcord
President
National EMS Association
Corporate Office
Central and Western States Office
3340 Tully Road, Suite D3
Modesto, CA 95350
Toll Free: 866-544-7398
Fax: 209-572-4721
www.NEMSAUSA.org
Eastern States Office
One Apple Hill Drive
Suite 316
Natick, MA 01760
TABLE OF CONTENTS
PREAMBLE
Page 3
Article 1
RECOGNITION
Page 3
Article 2
UNION SECURITY
Page 4
Article 3
UNION RIGHTS
Page 5
Article 4
MANAGEMENT RIGHTS
Page 7
Article 5
EQUAL EMPLOYMENT OPPORTUNITY
AND /NON-DISCRIMINATION
Page 8
Article 6
HOURS OF WORK
Page 8
Article 7
OVERTIME
Page 9
Article 8
SENIORITY
Page 12
Article 9
WAGES
Page 13
Article 10
PAID TIME OFF AND HOLIDAYS
Page 14
Article 11
LEAVES OF ABSENCE (LOAs)
Page 18
Article 12
EMPLOYEE BENEFITS
Page 21
Article 13
UNIFORMS
Page 24
Article 14
PERSONNEL FILES AND RECORDS
Page 25
Article 15
CORRECTIVE ACTION
Page 26
Article 16
GRIEVANCE PROCEDURE AND
ARBITRATION
Page 27
Article 17
NO STRIKE/NO LOCKOUT
Page 29
Article 18
HEALTH AND SAFETY
Page 29
Article 19
OPERATIONAL POLICIES AND
WORK RULES
Page 29
ADMINISTRATIVE LEAVE
Page 30
Article 20
1
Article 21
MISCELLANOUS PROVISIONS
Page 30
Article 22
SHIFT BIDDING PROCEDURE
Page 32
Article 23
CRITICAL INCIDENT STRESS
DEBRIEFING (CISD)
Page 32
Article 24
CONTRACT UNDERSTANDING
Page 33
Article 25
COMMITTEES
Page 33
Article 26
SHIFT SWAPS
Page 34
Article 27
SUBSTANCE FREE WORKPLACE
AND TESTING
Page 35
Article 28
LAYOFF/RECALL
Page 36
Article 29
CREW QUARTERS/WORK STATIONS
Page 37
Article 30
EDUCATION AND TRAINING
Page 39
Article 31
TERM OF AGREEMENT
Page 41
2
PREAMBLE
This Agreement is made and entered into by and between AMERICAN MEDICAL
RESPONSE OF MASSACHUSETTS (hereinafter “AMR” or the “Employer”), and the
NATIONAL EMERGENCY MEDICAL SERVICES ASSOCATION (hereinafter
“NEMSA” or the “Union”).
It is the purpose of this Agreement to achieve and maintain harmonious relations between
the Employer and the Union, to provide for the equitable and peaceful adjustment of
differences which may arise, and to establish proper standards of wages, hours and other
conditions of employment in accordance with the National Labor Relations Act.
ARTICLE 1 - RECOGNITION
Section 1.1 Scope Of Agreement
The Employer recognizes the Union as the exclusive representative for all full-time,
regular part-time and per diem employees, including EMTs, Paramedics, field trainers
and lead technicians, cardiac technicians, intermediates, telecommunications operators,
dispatchers, wheelchair car drivers employed by the Employer at its operations in the
states of Maine, Massachusetts, and New Hampshire, and all other operations, facilities
and classifications within the bargaining unit certified by the National Labor Relations
Board (hereinafter collectively “employees”). All other personnel are excluded,
including office clerical employees, managerial employees, guards, and supervisors as
defined by the National Labor Relations Act.
Section 1.2
Employee Classifications and Categories
1.2.1 Regular Full-Time Employee – Employees regularly scheduled to work an
average of at least forty (40) hours per week. (Employees regularly scheduled to work
thirty-nine (39) hours per week and CCT personnel who may be scheduled to work thirtysix (36) hours per week will have their schedules adjusted to an average of at least forty
(40) hours per week if operationally feasible. If such schedule changes are not
operationally feasible, such employees will be regarded as regular full time employees
under this Agreement.)
1.2.2 Regular Part-Time Employee – Employees assigned and scheduled to work less
than forty (40) hours per week.
3
1.2.3 Per-Diem Employee - Employees who are qualified to work but do not work
regularly scheduled hours. These employees must work a minimum of thirty-two (32)
hours in each calendar month or they will be separated from employment with American
Medical Response.
Section 1.2.4 Probationary Period
Newly hired full-time employees shall serve a six (6) month probationary period. Newly
hired part-time employees shall serve a nine (9) month probationary period. Newly hired
per diem employees shall serve a twelve (12) month probationary period. Probationary
employees shall be covered by all provisions of this Agreement, except that a
probationary employee may be discharged at the discretion of the Employer without
recourse under this Agreement. In the event a probationary employee is retained after the
probationary period, the date of hire shall be considered the anniversary date of
employment.
Section 1.3 Employee Information
On a twice annual basis the Employer will provide the Union with an updated list of
employees covered by this Agreement, showing any changes in names, addresses, job
classifications, work locations, shift assignments, dates of hire, employment status, pay
steps and pay differentials.
ARTICLE 2 - UNION SECURITY
Section 2.1 Union Security
As a condition of continued employment, all employees covered by this Agreement shall
either become a member of the Union and pay dues thereto, or in lieu thereof, shall pay
an amount equal to the Union’s initiation fee and shall thereafter pay to the Union on a
bi-weekly basis, either directly or through payroll deduction, an amount equal to the
regular bi -weekly dues and fees in effect for other employees in the bargaining unit who
are members of the Union. This obligation shall begin on the thirty-first day of the
month following the beginning of employment, or the effective date of this Agreement,
or the execution date of this Agreement, whichever is later. Employees must notify the
Union, in writing, of their intention not to become a member of the Union and to pay a
fair share/agency shop fee in lieu of the Union's regular monthly dues and fees in effect
for other employees in the bargaining unit who are members of the Union. The Union
will comply with the law in regard to its calculation of the fair share/agency shop fee and
the information provided to non-Union members relating to that calculation.
Each member of the bargaining unit covered by this Agreement who has not become a
member of the Union, or in lieu thereof, has not tendered the equivalent of Union dues or
fair share/agency shop fees as provided above, shall be notified by the Union by certified
4
mail, with a copy to the Company’s Operation Manager, that failure to pay either dues or
fair share/agency shop fees within ten (10) days following receipt of such notice shall
result in termination of employment. Should the employee fail to make such payment
within the ten (10) day period, the Company shall, within three (3) working days after
receipt of notice by certified mail to the General Manager from the Union, discharge such
employee.
Section 2.2 Employee Status
The Employer shall furnish the Union with the names and addresses of newly hired and
terminated employees covered by this Agreement once per month.
Section 2.3 Check-off
The Company agrees to check off Union dues, fair share/agency shop fees, initiation fees
and/or other authorized deductions for all bargaining unit employees who sign and
present to the Company a dues-deduction authorization or agency fee deduction
authorization that complies with federal and state law. Deduction of these dues and fees
shall be made on a bi-weekly basis following the month in which the authorization was
received, and bi-weekly thereafter beginning on the first payday of the month. The
Company shall furnish, with the deductions remitted, an alphabetized listing of each
employee for whom a deduction was made, showing the exact amount of each respective
deduction.
Section 2.4 Indemnification
The Union shall indemnify and hold the Company harmless against any and all claims,
demands, suits or other forms of liability resulting from either the termination of an
employee under the union security provision or an allegedly improper deduction under
the dues check-off provision. In consideration for this indemnification clause, the
Company agrees that the Union shall maintain the exclusive right to defend, settle,
mitigate damages, litigate and/or take whatever action is necessary or it deems proper
with respect to any person(s) who sues the Company under the National Labor Relations
Act, as amended, through attorneys of its own choosing and at its own discretion, but in
any event, if the Company unilaterally determines that it desires attorneys to represent it
in defense of such actions, it shall do so at its own cost and at no cost to the Union. It is
further agreed that the Company shall promptly notify the Union of any such action when
and if filed and the Union shall, at its own option, defend such actions and/or settle under
the circumstances above described.
ARTICLE 3 – UNION RIGHTS
Section 3.1 Stewards
The Union shall have the right to designate a reasonable number of bargaining unit
employees as Stewards (Approximately one (1) Steward for each ten (10) employees).
The Union shall notify the Employer in writing of the names of these Stewards.
5
Stewards shall not interfere with the operations of the Employer’s business and may not
perform duties normally associated with the Steward’s position during the Steward’s
work hours.
Section 3.2 New Employee Orientation
The Union, upon request, shall be allowed to meet with and address the employees
attending each orientation program during a scheduled lunch period.
Union
representatives shall pre-schedule the meeting date through Human Resources and shall
only be allowed a maximum of fifteen (15) minutes to address employees.
Section 3.3 Union Access
Duly authorized Union representatives shall be permitted to enter the Employer’s
premises at all times to meet with employees in order to conduct legitimate Union
business, provided such activities do not interrupt or interfere with the work of any
employee. In conjunction with presented grievances, Union representatives may
investigate employee working conditions, including crew quarters, applicable trip reports,
payroll records and any other conditions of employment. Union representatives shall
notify the General Manager or his/her designee in charge of the facility before entering
the Employer’s premises and advise them of the reason for access, the individual(s) with
whom they seek to meet and the probable duration of their stay.
Section 3.4 Bulletin Boards
The Employer will allow lockable bulletin boards (paid for by the Union as needed) for
the Union’s use. The Employer shall retain existing bulletin boards at all of its offices
and workstations to which bargaining unit employees have regular access. Union notices
and communications will be maintained by Union Stewards and authorized Union
officials/representatives, with the posting and removal of Union notices and
communications to be handled solely by the same. Union notices and communications
posted on Union bulletin boards shall not be of a derogatory or inflammatory nature. The
Employer shall receive copies of all materials to be posted by the Union prior to or at the
time of posting.
Section 3.5 Meeting Space
If space is readily available on the Employer’s premises, NEMSA Stewards and
representatives shall be permitted after notification and approval of management to
confer privately with employees regarding any complaints or grievances.
Section 3.6 Release Time
6
A duly authorized Union Steward or representative, if requested by management to attend
a meeting or act as a steward, shall be allowed reasonable release time during their
regular work hours without loss of pay or benefits.
ARTICLE 4 – MANAGEMENT RIGHTS
Section 4.1 - All rights, powers, and authority the Employer had prior to entering this
Agreement are retained by the Employer, except as expressly and specifically abridged
by the express provisions of this Agreement. The following rights of the Employer are
not all inclusive, but indicate some of the matters or rights retained to the Employer in its
capacity as management.
Section 4.2 - The management of the Employer’s business and the direction and control
of the work force, including the right to hire, assign, transfer, promote, discharge or
discipline, the right to maintain discipline and efficiency of its employees, the right to
relieve employees from duty because of lack of work or for other legitimate reasons, the
right to determine qualifications for employment and the right to require and administer
proficiency examinations, the right to determine the extent to which the business shall be
operated and to change methods or processes, or to use new equipment, the right to
determine the number of employees to perform its operations, the right to establish and
maintain reasonable work rules, including rules pertaining to safety and security, the right
to establish schedules of service, to introduce new or improved services, products,
methods or facilities, the right to extend, limit, curtail or close its operations, the right to
establish and assign job duties and the performance of work, and the right to establish,
eliminate or combine job classifications is vested in the Employer. In no case shall the
exercise of the above prerogatives be in derogation of the express terms and conditions of
this Agreement.
Section 4.3 - The Employer shall notify the Union prior to implementation of any
decision that impacts matters within the scope of representation for bargaining unit
employees. 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 and confer on the particular matter.
Section 4.4 - The Employer is bound to response time commitments and reserves the
right to amend the unit deployment and staffing plans as necessary to insure financial and
contractual obligations and will notify the Union prior to the change. Upon written
request by the Union, the Employer shall meet with the Union regarding the impacts of
its System Status Management changes on matters within the scope of representation for
bargaining unit employees. The decision to make such changes shall not (except with
respect to seniority and shift bidding) be negotiable or grounds for a grievance.
Notwithstanding section 4.3 above, if the parties are unable to reach agreement
concerning the impact of the changes within a fourteen (14) day period, the Employer
shall have the right to implement these changes without further consultation with the
Union. Prior notice shall not be required if a change to the System Status Management
plan is made to meet emergency conditions, but in no case shall a change to meet
7
emergency conditions be continued more than twenty-one (21) days without the required
notice.
ARTICLE 5 – EQUAL
DISCRIMINATION
EMPLOYMENT
OPPORTUNITY
AND
/NON-
Section 5.1 Gender Intent - Whenever words denoting a specific gender are used in
this Agreement they are intended and shall be construed to apply equally to either
gender.
Section 5.2 Non-Discrimination - The Employer and the Union agree that neither party
shall discriminate against any person because of race, color, sex, religion, age, disability,
national origin, citizenship, veteran status, sexual orientation or any other status protected
by Federal, State or local law(s).
The Employer and the Union agree that the Employer may be obligated to accommodate
disabled employees in accordance with the American With Disabilities Act
notwithstanding the terms and conditions of this Agreement.
Section 5.3 Grievance/Arbitration Election and Waiver
Grievances alleging unlawful discrimination or harassment in violation of this Agreement
or any Employer rule, regulation or policy prohibiting such discrimination and
harassment may be pursued and resolved through this procedure, provided all
requirements for the filing and maintenance of a grievance through arbitration are
satisfied and the employee and/or Union have not initiated or filed a complaint or legal
action based on the same event(s) with a local, state or federal agency or court. The
initiation or filing of a complaint or legal action alleging unlawful discrimination or
harassment with a local, state or federal agency or court shall waive the employee’s
and/or Union’s right to pursue the same matter as a grievance through this procedure.
Any grievance alleging unlawful discrimination or harassment shall be deemed
withdrawn at any step of the grievance and arbitration procedure upon the filing of such a
complaint or legal action. Employees and the Union are not required to exhaust this
grievance and arbitration procedure before initiating or filing a complaint or legal action
alleging unlawful discrimination or harassment with any local, state or federal agency or
court.
ARTICLE 6 – HOURS OF WORK
Section 6.1 Work Schedules –The Employer may determine, establish, and change
work schedules, including starting times, lengths or types of shifts, and the mix of
different types of shifts, in order to meet operational needs. The Employer shall provide
the union with at least two (2) weeks advance notice of major shift changes whenever
possible. In response, the Union shall have the right to meet with the Employer to
explore alternatives to the proposed major shift changes and to address any identifiable
impacts on mandatory subjects of bargaining.
8
Section 6.2 Workweek - The workweek shall be defined as beginning 12:01 a.m. on
Saturday morning and ending at midnight on the following Friday. Payroll is issued biweekly. All employees hired after the effective date of this Agreement are required to
participate in the Direct Deposit pay program in existence on the effective date of this
Agreement. Employees hired prior to the effective date of this Agreement may continue
to be issued paychecks; however, the option of electronic deposit is available to all
personnel. This electronic deposit of funds produces a check stub instead of an actual
check at each pay period.
Section 6.3 Reporting Pay - Employees who report to work on their regularly scheduled
shift and through no fault of their own are not assigned their regular duties shall be paid
for all regular hours and overtime hours scheduled on that shift provided said employees
agree to work such hours and perform other duties not normally a function of the
employee’s classification for which the employee is reasonably qualified and trained to
perform. Failure to agree to such work assignment will result in no compensation. If no
alternative work is available, the employees shall receive their normal compensation for
half of their regularly scheduled shift and released from work.
Section 6.4 Breaks - The Employer will make reasonable effort to accommodate meal
and rest periods. However, the observance of such periods shall be subject to the needs of
the operation.
Section 6.5 Time Identification Systems - Management reserves the right to
implement, change or modify any and all practices for recording employee work time as
it deems necessary. This includes but is not limited to the installation of recording
devices such as time clocks, swipe cards, voice identification or any other mechanism
that management believes will enhance the efficiency and accuracy of reporting such
time. Any changes made pursuant to this section are subject to the requirements of
Article 4.3 and Article 19 of this Agreement.
ARTICLE 7 - OVERTIME
Section 7.1 Overtime - All employees shall be compensated at a rate of one and onehalf times their regular rate of pay for all hours actually worked in excess of forty (40)
hours in a single workweek or as otherwise provided in this Agreement. There shall be no
pyramiding of overtime.
Section 7.2
Overtime Assignments
Section 7.2.1 Scheduled Vacancies - The Company shall assign employees to scheduled
vacancies according to its operational and fiscal goals. Consequently, vacancies shall be
filled in such a manner as to avoid overtime expense by using part-time and per diem
employees.
Section 7.2.2 Scheduled Overtime
9
Employees shall submit their availability to work open shifts for each pay period (two
week cycle). The employee shall do so using the Company’s web-based scheduling
software or the employees may at their option log on using their own email server or may
call the scheduler. Employees shall submit their availability between 8:00a.m. and 4 p.m.
on the Monday preceding the start of the subsequent pay period. The employee shall
provide the location (station), days and shifts of availability. Schedules will be created
for a period of two (2) weeks at a time.
The Company will post the overtime assignments in each station, will make the overtime
assignments available for employees to view online via the web-based scheduling
software and will make the information available from the scheduler by 4:00 p.m. each
Thursday for the subsequent two (2) weeks. It is the responsibility of the employee to
check the posting, the scheduling software or contact the scheduler to obtain their
respective assignments.
Two available staff rosters – one for full-time and another for part-time and per diem –
will be developed in order of seniority. The Scheduler will begin with the part-time/per
diem roster. The Scheduler will assign up to a maximum of forty (40) hours per
individual on the roster until the list is exhausted or all shifts are assigned. Part-time and
per diem employees who work in a geographic region where both “911” and “transfer”
shifts exist will be required to take one (1) “transfer” shift assignment for each “911”
shift worked within any given pay period. “Transfer” shifts may be worked in succession
without limit. A “911” shift must be followed by a “transfer” shift of a fairly comparable
length of hours within any given pay period. The Scheduler will then proceed to the fulltime roster. The Scheduler will assign shifts to individuals on the roster until the list is
exhausted or all shifts are assigned.
The Scheduler may allocate hours so as to fairly and equitably distribute available work
to full-time employees who have listed availability. To fairly distribute overtime,
schedulers will schedule overtime to the senior employee requesting a day, shift and
location. The scheduler will then assign the next senior employee to the day, shift and
location requested. This will continue using seniority until all shifts have been filled.
Any employee not receiving an overtime shift shall be placed first for overtime
assignments for the following week. Any remaining shifts shall be considered
Unanticipated Need. If the entire full time roster is not exhausted after all shifts assigned,
the Scheduler will begin with the first employee not granted any hours and assign shifts
during the next week to those who did receive hours in the preceding week. At the
beginning of each pay period, overtime assignments shall be awarded from the top of the
seniority list.
The parties agree that the above referenced process for overtime distribution shall be
reviewed by a joint labor management committee at the end of the 2009 calendar year,
and in no event later than January 31, 2010 to determine the success, the need for
modification or elimination of the overtime distribution process. In the event the parties
agree to eliminate the process, the parties agree to work collectively to establish a
replacement process.
10
If an employee is assigned to a requested shift during this assignment period, the
employee must work the assigned shift. If an employee is not assigned an overtime shift
during this period for the days and times requested, the employee will be placed on the
roster to be called for subsequent vacancies for those days/times. In this case, the
employee will not be required to work until such a shift is accepted by the employee.
The call-in roster will also be provided to Dispatch as a resource for filling unanticipated
need. No work that results in the payment of overtime shall knowingly be offered to
part-time or per diem employees before it is first offered to full-time employees. This
section shall not be a basis for any claim for overtime not worked.
Section 7.2.3 Unanticipated Need – Overtime assignment will be the period from three
(3) hours prior to the start of the overtime shift to the beginning of the shift. During this
period, the Company will fill the shift by any means at its disposal by utilizing all
practical efforts to first contact employees based on the call-in roster provided by the
scheduling department. If the Company utilizes a group page to fill such shift, the shift
shall be filled by seniority and classification from the employees who respond to the
group page within 15 minutes.
Section 7.2.4 Involuntary Holdover (Sudden Need) – The Employer will make every
effort to avoid the involuntarily holdover of employees. Should an involuntary holdover
become necessary, employees shall be advised of the holdover as soon as known.
Employees are deemed to be on involuntary holdover status whenever they are assigned a
call or other work after the conclusion of their regularly scheduled shift or are not
completely relieved from the performance of work-related activities at the end of their
regularly scheduled shift.
Employees shall not be subjected to involuntary holdover for more than one (1) hour past
the scheduled conclusion of their original shift, except for 911 coverage trucks which
may be subjected to involuntary holdover for up to a maximum of four (4) hours past the
scheduled conclusion of their original shifts. Employees shall not be assigned work after
the conclusion of the one (1) hour holdover period and employees assigned to 911
coverage trucks shall not be required to holdover beyond four (4) hours from the
conclusion of their original shifts.
Every employee subjected to involuntary holdover shall receive a premium of two times
(2X) their regular hourly rate for all hours on involuntary holdover, except that
employees assigned a call prior to the end of their regular shift that extends the
employee’s work day beyond the end of their regularly scheduled shift shall be paid at
their applicable rate for the initial hour and then paid a premium of two times (2X) their
regular hourly rate for all hours on involuntary holdover.
Section 7.3 Determination of Overtime Need - The determination of overtime
requirement shall rest with the Employer based on operational need.
11
Section 7.4 Special Details - For situations where crews are needed for specific details
(i.e. sporting events, etc.), or where special skills are required, separate posting notices
will be utilized.
Section 7.5 Weekend Requirements - All Per Diem employees shall be required to
work one (1) weekend shift per quarter. Weekends for the purposes of this section shall
be deemed to be from 8:00 a.m. Friday to 8:00 a.m. Monday.
ARTICLE 8 – SENIORITY
Section 8.1
Seniority
The Employer shall recognize Company seniority as the employee’s most recent date of
hire on record as of the date of this Agreement. This recorded date of hire shall be for
compensated service in a bargaining unit position. The Employer shall recognize
classification seniority as the employee’s most recent date of hire, promotion or status
change into a position within a given classification. Employees covered by this
Agreement on the date of ratification shall maintain their current company and
classification seniority. Employees employed or promoted after the effective date of
ratification of this Agreement shall have their date of hire or promotion into a bargaining
unit position establish their company and/or classification seniority date(s) as applicable.
Status changes shall be defined as movement into or between full-time, part-time and per
diem employment status.
Section 8.1.1 Part Time/Per Diem Seniority - Employees on part-time/per diem status
shall accrue seniority on a per hour basis for all time spent in such part-time status on a
prorated basis of a full-time (i.e. 40 hour week) employee.
Section 8.1.2 Seniority Upon Return to Bargaining Unit - Any employee who
transfers from a position within the bargaining unit to a non-bargaining unit position with
the Employer, and then transfers back to a position within the bargaining unit, shall have
company seniority frozen from the date of transfer to a non-bargaining unit position.
Upon return to a bargaining unit position said employee shall have company seniority
restored, excepting for the time served in a non-bargaining unit position.
Section 8.2 Seniority Discontinuation - An employee’s Company and Classification
seniority shall be broken so that no prior period of employment shall be counted and all
seniority shall cease upon:
A. Separation from the Company;
B. Movement from full-time to part-time or per diem status or movement from parttime or per diem to full-time status more than once in a twelve (12) month period.
Section 8.3 Seniority Lists - Twice annually, the Employer shall post one (1)
seniority list of all regular full-time employees covered by this Agreement, and one (1)
seniority list of all regular part-time/per diem employees covered by this Agreement; both
12
of which shall include each employee’s most recent date of hire and classification
seniority. The Employer shall concurrently provide the Union with copies of the
seniority list.
Section 8.3.1 Personal Information - When informed of union membership status, the
Employer agrees to keep the Union informed of changes in a union members’ address
and telephone numbers of record with the Employer.
Section 8.4 Promotions - The Employer adopts the principle of promotion from
within, and existing employees shall be given preference over new hires, provided there
employee(s) who are available and qualified for the particular advancement or
assignment.
ARTICLE 9- WAGES
Section 9.1
Wages
Bargaining unit employees shall continue progressing through the 21-step wage scale
(Steps 0-20) on their anniversary dates for all years of this Agreement.
A. Effective January 1, 2011, all bargaining unit employees who are at the top of the
wage scale shall receive annual lump sum cash payments equal to the percentage of
the last step of the wage scale paid in quarterly installments.
Bargaining unit employees assigned to stations in New Hampshire and Maine shall be
paid the wages identified as the non-Massachusetts wage scale. Any bargaining unit
member assigned to one of the foregoing stations who attains a Massachusetts credential
(EMT, EMT-I, EMT-P) shall be placed on the Massachusetts wage scale on the
corresponding step if it results in an increase in the employee’s hourly wage.
The adjusted wage scales are set forth in Addendum “A” to this Agreement.
Section 9.2
Experience
An “Experience Date” shall be established as a permanent element of the employee’s
personnel file. Such “Experience Date” will be used as the starting point for initial
placement on the wage scale and will be rounded up or down as necessary to the nearest
whole year for initial placement on the wage scale. Employees will then progress through
the steps of the wage scale on their anniversary dates.
The experience date shall be determined by the number of years of full-time experience
working on an ambulance in their classification. Part-time experience shall be prorated
based on 50% credit to determine the experience date. Per diem employees’ experience
shall be prorated based on 25% credit to determine the experience date.
13
Bargaining unit employees who change classification during the life of this Agreement
shall be placed at the step on the wage scale in their new classification that is closest to
,but not below, their hourly wage at the time of the change; provided the new
classification is higher. Bargaining unit employees who move to a lower classification
shall be allowed to count years in the higher classification in determining the appropriate
step on the wage scale.
Section 9.3
Part -Time / Per Diem Pay Increase Process
All per diem employees who have worked one thousand and forty (1040) hours as of the
effective dates identified in Section 9.1 above, during the previous twelve (12) month
period, shall be awarded the wage increase designated above.
For per diem employees who do not work one thousand and forty (1040) hours as
described above their hourly rate shall be frozen until the subsequent year.
Section 9.4
Reimbursement for Successful MA Certification Exam –
The Employer shall reimburse any existing Massachusetts full time employee or Maine
and New Hampshire mandated employee who successfully tests for his or her
Massachusetts EMT (all levels) certification, for the cost of the exam and materials as
indicated below:
Year 1 (August 1, 2009 to July 31, 2010) – maximum of $150
Year 2 (August 1, 2010 to July 31, 2011) – maximum of $200
Years 3 & 4 (August 1, 2011 to December 31, 2012) – maximum of $225
Reimbursement shall occur upon the completion of one year of full time employment in
the classification of the certification for which the employee is seeking reimbursement.
To be reimbursed employees must provide proof of payment for the examination and
receipts for exam materials.
Section 9.5
Differentials -
In addition to all other hourly wages and compensation provided for under this
Agreement, eligible employees shall receive the following specialty pay differentials
when applicable:
FTO/FTR
$0.50/hour for all hours worked
CCT-EMT
$1.80/hour for all hours worked
CCT-Paramedic
$2.50/hour for all hours worked
ARTICLE 10 – PAID TIME OFF AND HOLIDAYS
Section 10.1 Paid Time Off (PTO)
14
All regular full-time employees covered by this Agreement who have been continuously
employed by the Employer for one (1) year and, upon completion of each subsequent
years of service, shall be eligible for Paid Time Off (PTO). Such time may be used for
personal time, vacation or sick time.
Section 10.1.1 –PTO shall accrue based on the following schedules.
Completed Years
6 months
1 year
40 hr
shift
45
45
42 hr
shift
48
48
2-4 years
130
5-9 years
44 hr
shift
52
52
48 hr
shift
58
58
56 hr
shift
72
72
60 hr
shift
78.5
78.5
139.75 149.5 169
208
227.5
170
182.75 187.5 221
272
297.5
10-14 years
210
225.75 231.5 273
336
367.5
15+years
220
236.5
352
385.0
253 286
If an employee does not complete twelve (12) months of continuous service, any unused
portion of PTO hours advanced to them will not be paid out.
Section 10.1.1.A – For all employees hired after July 31, 2009, PTO shall be accrued as
follows:
Completed Years
40 hr 42 hr 44 hr 48 hr 56 hr
shift shift shift shift shift
6 months
0
0
0
0
0
1 year
40
42
42
48
56
2-4 years
80
84
84
96
112
5-9 years
120
124
132
144
168
10-14 years
160
168
176
192
224
15+years
200
210
220
240
274
Section 10.1.2 PTO Use – Employees may utilize accrued PTO following six (6) months
of continuous service. Employees may utilize accrued PTO on a daily basis provided the
employee notifies the Employer at least three (3) hours prior to the start of the
employee’s shift, except in case of emergency. Excessive single day PTO usage in close
15
succession and/or a regular pattern of single day PTO usage may be grounds for
disciplinary action if such usage is not satisfactorily explained.
Requests for PTO use in excess of one (1) day, but less than one (1) week, must be
submitted at least fourteen (14) days in advance of the intended usage date. Multiple
requests for the same days off shall be approved in order of seniority. The first PTO
request received with less than three (3) days notice will be automatically approved.
Additional multi-day PTO requests beyond the first request may be approved the
discretion of the Operations Manager subject to coverage availability. Once an
employee’s PTO request has been approved, it cannot be canceled by the Employer
except in case of formally declared national, state or local state of emergency, the
employee’s PTO bank has been exhausted Employees may cancel their PTO requests
with two (2) weeks advance notice.
Section 10.1.3 PTO Vacation Week - A PTO vacation week shall consist of seven (7)
consecutive calendar days. Vacation pay benefits shall be computed at the employee’s
regular weekly pay.
Section 10.1.4 PTO Vacation Scheduling –Written vacation requests for the following
calendar year (January 1st through December 31st) shall be granted based on seniority if
received by the scheduling department no later than November 30th of the current year.
Vacation requests received by the scheduling department after November 30th will be
granted in the order received. Written notice approving or denying vacation requests
shall be delivered to employees within two (2) weeks following submission. The
Employer may limit the number of employees on vacation during the same time period
based on minimum staffing requirements.
Section 10.1.5 PTO on Holidays – Requests to use PTO on recognized holidays shall be
granted as follows:
When a recognized holiday is included within an employee’s PTO vacation
scheduling request, the request shall be granted or denied in accordance with
Section 10.1.4.
All other requests for PTO on a recognized holiday must be submitted at least 30
days prior to the holiday and will be granted based on seniority, subject to
minimum staffing requirements.
Section 10.1.6 PTO Carry-Over – All employees will receive PTO accruals on each
anniversary of full-time employment. Employees may bank up to eighty (80) hours of
PTO, all other PTO must be utilized within twelve (12) months of the anniversary date it
is accrued or cashed out as prescribed in this article.
Section 10.1.7 PTO Pay Upon Separation from Employment – Employees who
separate from employment for any reason after being employed continuously for one (1)
year shall receive the cash value of all unused accrued PTO based on the employee’s
hourly wage at the time of separation. Employees whose services are terminated by the
16
Employer shall be paid any final compensation at that time, provided the employee is
present for his or her termination.
Section 10.1.8 PTO Cash Out - Employees may, at their option, cash out 50% of their
annual PTO on a quarterly basis in January, May, September and November. Requests
for such payment must be received no later than thirty (30) days prior to the quarterly
cash out month. Probationary employees are not eligible to cash out accrued PTO.
Section 10.1.9 PTO Accrual – Employees are expected to utilize PTO in a responsible
manner. Employees who schedule vacations must have accrued PTO hours equal to the
hours of the vacation request. Employees who fail to maintain sufficient hours will be
denied vacation time without pay. Employees who are denied vacation time and choose
to ignore the denial will be subject to disciplinary action up to and including termination.
Section 10.2 Holidays – The following holidays are recognized for purposes of holiday
pay.
New Year’s Day
Martin Luther King Jr. Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day following Thanksgiving
Christmas Day
Section 10.2.1 Holiday Use and Compensation - Employees who work on a recognized
holiday shall receive eight (8) additional hours paid at their straight-time rate. Employees
who fail to complete their scheduled shift on a holiday will only be paid matching
holiday hours for the hours worked, up to a limit of eight (8) hours at their straight-time
rate.
If a recognized holiday falls on an employee’s regularly scheduled day off, the employee
will have the day off and will be paid an additional eight (8) hours at the employee’s
straight-time hourly rate. In these instances, the holiday pay will not be used for
purposes of overtime calculation. This paragraph shall only apply to employees hired
before July 31, 2009.
Should the Employer choose to eliminate regularly scheduled shifts for full time
employees on a holiday, the Employer will first post a notice for voluntary time off
requests forty-five (45) days prior to the holiday. The notice shall establish the
appropriate staffing levels for each of the applicable holidays. Voluntary time off
requests must be received by the Scheduler no later than thirty (30) days prior to the
holiday. The Employer will post the holiday schedule at least two (2) weeks prior to the
17
applicable holiday. Employees who are granted their voluntary time off request, solely at
their option, may elect to use accrued time PTO for the time off.
If a sufficient number of employees do not submit voluntary time off requests, the
Employer may involuntarily reduce staff for the holiday based on inverse Company
seniority. The least senior employees (ALS or BLS) will be removed from the shift first,
and continuing until the necessary number of shifts is reduced.
Remaining employees scheduled to work on a holiday may have their regular work hours
reduced during the holiday but no employee shall be scheduled to report to work earlier
or scheduled to remain at work later than their usual shift hours.
Any employee whose regularly scheduled hours are reduced or eliminated on a holiday
shall receive compensation at a straight time rate so as to ensure they receive their regular
weekly compensation.
Section 10.2.2 Holiday Pay Eligibility – Employees whose regularly scheduled shifts
fall on the calendar day immediately preceding and the calendar day immediately
following a recognized holiday must work both shifts to be eligible for holiday pay. Per
diem and part-time employees who work a minimum of eight (8) hours on a recognized
holiday will receive holiday pay.
ARTICLE 11 – LEAVES OF ABSENCE (LOAs)
Section 11.1 Personal Leave of Absence (PLOA) - Full-time non-probationary
employees may, at the sole discretion of the Employer, be granted an unpaid Personal
Leave of Absence (PLOA) as follows:
A.
A PLOA must be at least fifteen (15) calendar days and generally may not exceed
sixty (60) days. Further exceptions may be granted at the Employer’s discretion
based on the particular circumstances.
B.
A PLOA must be requested in writing to the General Manager at least fifteen (15)
calendar days in advance.
C.
Employees may apply for no more than one (1) PLOA within any rolling twentyfour (24) month period.
D.
Employees on a PLOA shall continue accruing seniority and may continue
existing medical, dental and vision benefits by continuing to pay their normal
contributions for such benefits. Employees returning from a PLOA cannot be
guaranteed a return to their formerly held position/assignment, but will be
returned to a similar position/assignment in their classification.
Section 11.2 Family and Medical - Family and medical leave shall be granted in
accordance with all applicable federal, state and local laws. Employees may elect to use
accrued paid time off (PTO) for any portion of an approved family and medical leave.
18
Employees who do not return to work on the first day scheduled following expiration of a
Family and Medical Leave will be separated from employment.
Section 11.3 Military - Military Leave will be granted in accordance with the Uniform
Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended,
and applicable provisions of federal, state and local law. Reinstatement shall be
governed by the federal, state, and local law referenced above.
Section 11.4 Jury Service - When serving on jury duty on days Employees are
normally scheduled to work, employees who have completed ninety (90) days of service
with the Employer will be paid the difference between their regular rate for their
normally scheduled hours and the amount of jury duty pay up to a maximum of ten (10)
shifts per incident of jury service. Proof of attendance will be required by the Employer
prior to payment. An employee who is not required to provide jury duty services will be
required to report to work for that period of time his services are not needed. If the
employee is excused from his jury duty obligation and more than four (4) hours remain in
the employee’s normally scheduled work day, the employee shall return to work.
The Employer and the Union agree and recognize that this Agreement does not supersede
the statutory obligations of employers towards employees performing juror service.
Section 11.5 Witness/Subpoena - Full-time employees who are subpoenaed as
witnesses shall be excused from scheduled duty upon presentation of the subpoena to the
Operations Manager or designee.
Employees shall be compensated for the difference between any witness fees received
and their regular pay for scheduled work hours missed because of service as a witness in
any legal or administrative proceeding concerning matters arising from the performance
of their work duties. In addition, employees shall be compensated for all time served as
witnesses in any legal or administrative proceeding conducted outside the employee’s
regularly scheduled work hours when subpoenaed by the Employer. Employees shall
also be compensated for all time served as material witnesses in criminal cases when
subpoenaed by the District Attorney or State Attorney to testify concerning matters
arising from the performance of their work duties.
Employees shall not be compensated for missed work hours when subpoenaed by or on
behalf of a present or past employee of the Employer to testify in a legal or administrative
proceeding initiated by the present or past employee against the Employer. However, the
Employer shall ensure the employee is allowed time off for the legal or administrative
proceeding in response to the subpoena and be allowed to use accrued PTO for the
missed work hours.
Section 11.6 Bereavement – Paid bereavement leave will be granted to full-time
employees with more than ninety (90) days service with the Company in the event of a
death in the employee’s immediate family (defined as the employee’s spouse, child,
stepchild, parent, step-parent, mother-in-law, father-in-law, sister, brother, stepsister,
stepbrother, grandparent, grandchild, brother-in-law and sister-in-law or significant other
19
domiciled in the employee’s household). Eligible employees will be paid up to three (3)
consecutive scheduled shifts at the employee’s regular rate of pay over the course of three
(3) consecutive days. Employees shall be allowed to take PTO or unscheduled unpaid
time off up to a maximum of five (5) days beyond bereavement leave.
Payment will be limited to those days on which the employee was scheduled to work and
the amount of pay will be limited to the actual number of hours which the employee was
scheduled to work during the time missed. All bereavement pay will be granted only
when an employee submits satisfactory evidence of the death and the relationship.
Time off without pay may be granted in cases of bereavement for individuals not
included in the definition of the immediate family provided advance notice has been
made to the respective supervisor.
Section 11.7 Workers’ Compensation Leave - Worker’s Compensation Insurance
benefits shall be granted in accordance with all applicable laws. Premiums for workers’
compensation insurance are paid in full by the Employer.
Employees who suffer a work-related illness or injury that renders them temporarily
unable to perform their regular job duties shall be granted a leave of absence for a
maximum of twelve (12) months from the date the leave commences. Employees who
suffer a work-related illness or injury and are separated from employment after twelve
(12) months shall be allowed to reapply for employment up to twenty-four (24) months
from the date of injury, provided the employee has a complete medical release and can
pass the Employer’s physical agility test. Upon reemployment the employee shall have
all seniority restored. The Employer may offer limited or light duty work to employees
who suffer a work-related illness or injury, for a maximum of ninety (90) days whenever
such work is available in the employee’s regularly scheduled work area, or another area
acceptable to the employee, and the employee is able to safely perform such work.
Employees on a leave of absence due to a work-related illness or injury shall continue
receiving all health benefits for a maximum of twelve (12) months provided the
employee continues paying his/her normal contributions for such benefits. Employees
may elect to discontinue health benefits while on a leave of absence.
Employees on workers’ compensation leave will be returned to their former positions and
assignments upon expiration of the workers’ compensation leave.
Section 11.8 Injured on Duty Pay - Employees who are injured on the job shall be
paid for completion of that work day’s regularly scheduled shift at the employee’s regular
rate of pay. If, following such injury, the employee is medically released to return to
work on the same shift on which the injury occurred and fails to do so, the employee will
receive pay only up to the time of the injury.
Section 11.9 Small Necessities Leave – In addition to family and medical leave
provided by federal law and this Agreement, bargaining unit employees shall be granted
twenty-four (24) hours of leave during any 12-month period to participate in: (1) school
20
activities directly related to the educational advancement of the employee’s child; (2)
accompany the employee’s child to routine medical and dental appointments and (3)
accompany the employee’s elderly relative to routine medical or dental appointments or
appointments for other professional services related to the elder’s care, as provided by
Massachusetts General Law, Chapter 149, Section 52(d).
ARTICLE 12 – EMPLOYEE BENEFITS
Section 12.1 Health and Welfare Benefits - The Employer agrees to make available to
all regular full-time employees covered by this Agreement a sponsored benefit plan that
will include plans for Health, Dental, and Vision insurance; Short Term Disability;
Supplemental Short Term Disability; 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 employees will become eligible to participate in the benefit plans on the
first day of the month following ninety (90) consecutive calendar days of employment.
Any and all disputes arising over payment of services provided pursuant to the plans
offered shall not be subject to the grievance and arbitration process but shall be settled
pursuant to the provisions of the Benefit Plan document
12.1.1 Medical Plans
A. Effective January 1, 2010, the Employer shall offer as medical plans for all
employees hired prior to December 31, 2009, the Anthem Consumer PPO plans
14 and 17 as described in the respective plan summaries including defined
prescription coverage.
B. The medical plan for employees hired after December 31, 2009 shall be limited to
the Anthem Consumer PPO plan 17 as described in the plan summary including
defined prescription coverage.
C. Effective January 1, 2012, the Anthem Consumer PPO plan 17 shall become the
standard health plan for all bargaining unit employees
D. For all employees covered by this Agreement, the Employer shall pay seventyfive (75%) of the premium and employees shall pay twenty – five (25%) of the
premium for all levels of coverage for both of the Anthem Consumer PPO plans.
12.1.2 Dental Plans
A. Dental insurance shall be provided as described in the Aetna PPO Dental plan
summary.
B. Employees may voluntarily participate in the Aetna Open Choice Dental Buy-up
plan.
21
C. The Employer shall contribute an amount equal to fifty percent (50%) of the total
premium for the dental insurance described in the Aetna PPO Dental plan
summary.
D. Employees electing to participate in the Aetna Open Choice Dental Buy-up plan
shall be responsible for the additional cost (above the Employer’s fifty (50%)
contribution for the Aetna PPO Dental plan) associated with the buy-up plan.
12.1.3 Vision Plans
A. Vision insurance shall be provided as described in the AMR Vision Service plan
summary.
B. The Employer shall contribute an amount equal to fifty-percent (50%) of the total
premium for the vision insurance described in the AMR Vision Service plan
summary.
C. Employees electing to participate in the AMR Vision Service Plan Buy-up shall
be responsible for the additional cost (above the Employer’s fifty percent (50%)
contribution for the AMR Vision Service plan) associated with the buy-up
program.
12.2 Life Insurance and AD&D
A. The Employer will offer a basic group term life insurance and accidental death
and dismemberment (AD&D) plan for all full-time eligible employees through a
life insurance company of the Employer’s choosing.
B. The benefit provided under these plans shall equal two (2) times the employee’s
annual compensation. These plans shall be paid 100% by the Employer.
C. The Employer will offer a voluntary supplemental life and AD&D insurance
plans through a life insurance company of the Employer’s choosing. These
supplemental plans will be one hundred (100%) percent employee paid and will
allow full-time eligible employees to purchase additional life insurance and
AD&D coverage for themselves, spouses and children.
12.3 Short-term Disability Insurance - The Employer shall provide voluntary shortterm disability insurance for all eligible full-time employees. The employee will pay
one-hundred percent (100%) of all premiums for short-term disability insurance.
12.3.1 Supplemental Short-term Disability Insurance - Employees may purchase
supplemental short-term disability insurance on a voluntary individual basis through a
Company group plan. The entire cost of such supplemental short-term disability
insurance shall be borne by the employee.
22
12.4 Long Term Disability Insurance – The Employer shall provide long-term
disability insurance for all eligible full-time employees and pay one-hundred percent
(100%) of all premiums (employer and employee share) for long-term disability
insurance.
12.5 Flexible Spending Accounts
A)
The Employer shall allow employees to defer up to five thousand dollars
($5,000) per calendar year on a pre-tax basis per IRS Section 125 guidelines for
the purpose of paying for dependent care cost 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 shall allow employees to defer up to five thousand dollars ($5,000)
per calendar year on a pre-tax basis per IRS Section 125 guidelines for qualified
health related expenses not otherwise covered under any health plan (i.e., medical,
dental, vision). The employee must receive and present the third party
administrator with receipts for medical care. The Employer shall pay the
administrative cost for this plan, excluding the elective fee to coordinate payments
with the other health insurance plans.
C)
The Employer agrees to fund annually through 2012 an FSA account for each
employee who participates in the Anthem Consumer PPO Plan 17.
The following shall constitute the amount of funding for the FSA.
Employee only
$200.00 funded in January
Employee plus one
$400.00 funded in January
Employee plus family
$550.00 funded in January
12.6 Employee Assistance Program (EAP) - The Employer recognizes that early
recognition, intervention and treatment are important for successful rehabilitation and for
reduced work, personal, family and social disruption. An Employee Assistance Program
will be made available to all eligible employees.
12.7
401(k) Plan
A. All full-time employees covered by this Agreement are eligible to participate in
the Company’s 401(k) plan after completing six (6) months of continuous
employment and at least 1000 hours.
B. Pursuant to the Plan Document, for each payroll period, for each eligible
employee, the Employer will make a matching contribution of fifty ($.50) cents
for each one dollar ($1.00) a participating employee contributes to the 401(k)
23
plan, up to a maximum Employer matching contribution of six percent (6%) of
the employee’s gross salary for the payroll period. Pursuant to the terms of the
Plan Document, the Employer does not match Elective Contributions that are
catch-up contributions (contributions in excess of plan and legal limits that can be
made by participants who are at least age 50). The terms of the Plan Document
shall control in all cases.
ARTICLE 13 - UNIFORMS
13.1 Uniform Requirement - All bargaining unit members must wear an approved
uniform at all times while in the performance of their duties. Employees may wear any
combination of approved uniform items appropriate for the particular weather conditions.
13.2 New Employees - At orientation, all newly hired full-time employees will be
provided the following required uniform and equipment items (part-time and per diem
employees receive half the allotted shirts and pants):
-
4 short sleeve uniform shirts*
4 long sleeve uniform shirts*
4 pair of pants or 2 pairs of 9 pocket utility pants
1 black leather belt
1 three season coat
4 T-Shirts, only to be worn under a uniform shirt
*Beginning January 1, 2010, the Employer agrees to purchase for each bargaining unit
employee, four (4) polo shirts (two long sleeve, two short sleeve or any combination
thereof) to be worn as the standard uniform shirt. The Employer shall have no obligation
to supply or replace current uniform dress shirts and tee shirts after January 1, 2010.
Uniform items shall be provided and/or replaced as deemed appropriate by the Employer.
Employees transferring from full-time to part-time or per diem shall return half (!) of
their allotment upon change of status.
The Employer shall provide patches for all required newly ordered uniform items at no
cost to bargaining unit members. If the Employer does not provide required state or
national patches, employees may purchase the patches and be reimbursed for the cost by
the Employer. Employer shall also reimburse employees for cost of having all patches
professionally affixed to uniforms. Employees must provide the Employer with receipts
or other suitable evidence of the expenditure, and the Employer shall reimburse these
expenditures within two (2) weeks.
13.3 Damaged Uniforms – The Employer shall replace or repair as new any worn or
damaged Company issued uniform items on a one for one exchange as soon as possible.
Employees who seek to have standard uniform pants replaced as a result of damage may
either select the standard uniform pant or pay the cost difference between a standard
uniform pant and the 9 pocket utility pant.
13.4 Cleaning - Employees are responsible for cleaning and maintaining all uniform
items except where biohazard or OSHA standards are concerned. Biohazard
24
contaminated uniforms will be professionally laundered by the employer and returned to
the employee within two (2) weeks with no hardship to the employee.
13.5
Return of Company Issued Uniforms/ Items – Employees shall return all
Company issued uniforms or items upon separation from employment. Employees are
required to sign a statement which authorizes the Employer to deduct from the
employee’s paycheck an amount equal to the replacement cost of any unreturned
Company issued uniforms or items.
ARTICLE 14 – PERSONNEL FILES AND RECORDS
Section 14.1 Personnel Files and Records - All official records relating to each
employee shall be kept in one (1) personnel file, except medical records which shall be
maintained in a separate file, for each employee in the Human Resources Department.
The Employer shall maintain employee records in accordance with applicable state and
federal laws and this Agreement.
Section 14.2 All employees are to notify the Human Resources Department of any
changes in address, telephone number or name on the appropriate form as soon as
possible. Copies of all up-to-date certifications must be sent to the CES Department prior
to expiration of current certifications.
Section 14.3 Employees and authorized Union representatives shall have access during
normal business hours (provided an appointment is scheduled) to employee personnel
files in accordance with legal requirements. Employees are entitled to receive copies of
documents placed in their personnel files.
Section 14.4 Employees shall have the right to submit a written rebuttal to any document
placed in their personnel files. An employee’s written rebuttal shall be attached to the
document and maintained with it for as long as the document remains in the employee’s
personnel file.
Section 14.5 The Employer shall not release information from an employee’s personnel
file to any third parties unless authorized by the employee or compelled to do so by a
valid subpoena or court order.
Section 14.6 Records of corrective action shall not be considered for purposes of future
corrective action, provided there is no further corrective action during the applicable
retention period:
Verbal Warnings
Written Warnings
Suspensions
6 months
12 months
18 months
Records of corrective action pertaining to unlawful discrimination, harassment,
workplace violence or criminal misconduct are excluded from the above retention
schedule.
25
ARTICLE 15 – CORRECTIVE ACTION
Section 15.1 Corrective Action - The Employer and the Union recognize the intent of
corrective action is to remedy performance problems and modify behavior. While the
Employer will attempt to accomplish those objectives through training and education, the
Employer reserves the right to issue corrective action to employees, up to and including
discharge, based on just cause and the circumstances of each case. Serious or repeated
offenses may call for corrective action commensurate with the offense or totality of the
circumstances and not necessarily based upon the premise of progression.
Section 15.2 Investigations - Employees shall be entitled to Union representation upon
request during any investigatory meeting with the Employer that could lead to corrective
action. The employee representative shall be a duly authorized Union steward or Union
representative who may consult with and represent the employee in person or by phone.
Section 15.3 Notice of Corrective Action - The Employer shall notify an employee in
writing of any corrective action. The notice of corrective action shall identify the
reason(s) for the corrective action and the effective date of the corrective action. Notices
of corrective action involving suspensions or discharges shall be concurrently delivered
to the Chief Union steward or the Union’s designee, either personally, or by email or
regular mail.
Section 15.4 Time Limit - To be valid, written notice of corrective action must be
issued to the affected employee within twenty (20) calendar days after the Employer
became aware of the alleged conduct claimed as the basis for the corrective action,
subject to the Administrative Leave provisions of this Agreement.
ARTICLE 16 - GRIEVANCE PROCEDURE AND ARBITRATION
The purpose of this procedure is to achieve a timely adjustment of grievances by the
Employer and the Union following prompt investigation and thorough discussion. In the
event any grievance arises concerning the interpretation or application of any of the terms
of this Agreement, and/or any dispute concerning wages, benefits and working
conditions, such matters shall be adjusted according to the procedures and conditions set
forth below. In cases of corrective action, written warnings shall only be processed
through Step 2 of the grievance process. Employees should attempt to resolve problems
informally with their immediate supervisor before resorting to the grievance procedure.
Any agreement between the employee and the supervisor will be a non-precedent setting
settlement.
A. A “grievance” is any dispute brought against the Employer by the Union
and/or a bargaining unit employee alleging a misinterpretation, misapplication or alleged
breach of this Agreement.
B. The “date of occurrence” is the date of the event giving rise to the grievance or
the effective date of final corrective action.
26
C. The Union may file a written grievance directly at Step Two when the subject
of the grievance affects a majority of bargaining unit members or resulted from the
actions of an Employer representative holding a classification higher than the employee’s
immediate supervisor.
D. By mutual agreement of the parties, concurrent grievances arising from the
same incident or core facts may be consolidated into a single grievance.
E. Any grievance that is not filed or prosecuted by the Union and/or a bargaining
unit employee within the time limitations set forth herein shall be deemed waived. Failure
of the Company to respond within the time limits shall entitle the Union to prosecute the
grievance to the next step of the grievance procedure. Failure of the Union or employees
to process the grievance to the next step within the time limits shall constitute a
withdrawal of the grievance. The Union and the Employer may, by mutual agreement in
writing, extend time limits at any step of the grievance procedure for a specified period of
time.
F. Bargaining unit employees who are grievants shall be allowed to attend
grievance meetings with the Employer and formal grievance proceedings.
G. The Employer and the Union shall produce non-privileged and nonconfidential information relevant to the particular grievance in response to a written
request for such information. With respect to grievances appealing corrective action, the
Employer shall provide the Union with copies of all documents and materials considered
and/or relied upon by the Employer as the basis for corrective action, including but not
limited to, all investigative reports, witness statements and physical evidence.
Information must be produced within twenty (20) calendar days from the receipt of the
request.
Step One: Grievance shall be reduced to writing and submitted via certified mail
to the local operations manager or his/her designee and the Human Resource
office within fifteen (15) days of the date of occurrence. The local operations
manager or his/her designee shall respond to the grievance in writing within
fifteen (15) calendar days after submission of the grievance.
Step Two: If the grievance is not resolved at Step One, the grievance shall be
reduced to writing and submitted via certified mail to the General Manager and
the Human Resource office within fifteen (15) calendar days of the receipt of the
Step One response. The parties shall meet in an attempt to resolve the grievance
within fifteen (15) calendar days after such submission and the Employer shall
respond in writing within fifteen (15) calendar days from the date of the meeting.
Step Three: If the grievance is not resolved at Step Two, the Union may submit
the grievance to arbitration within fifteen (15) calendar days from the date of the
Step Two response or the effective date of final corrective action, whichever is
appropriate.
27
The parties shall request a list of seven (7) labor arbitrators from the American
Arbitration Association. Within fifteen (15) calendar days following receipt of the list of
arbitrators, the parties shall select an arbitrator from the list using an alternative striking
method. The arbitration shall be conducted in accordance with the American Arbitration
Association’s rules for Voluntary Labor Arbitration.
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 provision of this Agreement. The arbitrator’s decision shall be based solely on
the evidence and arguments presented by the parties. The decision of the arbitrator shall
be final and binding on the parties.
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.
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 where the
Employer shall have the burden of production and proof at the hearing.
The back pay period for contract interpretation grievances shall be limited to one hundred
and eighty (180) days prior to the date upon which the written grievance was appealed.
Back pay awards may be issued in corrective action cases based on the economic
provisions of this Agreement, subject to offset for unemployment benefits and
compensation earned by the grievant during the back pay period.
The fees and expenses of the arbitrator shall be borne by the losing party. Unless
mutually agreed upon, costs and fees for court reporters and hearing transcripts shall be
born solely by the party requesting such services. The parties shall bear their own
expenses for legal representation.
ARTICLE 17 – NO STRIKE/NO LOCKOUT
Section 17.1 - The Employer and the Union recognize that the duties performed by
employees involve life and death situations. Failure to immediately transport patients to
hospitals and other designated medical facilities and respond from hospitals and other
medical facilities to patients can result in compounding the problems of already ill and
injured patients. To that end, neither the Union nor any of its agents or members will in
any manner whatsoever incite, ratify, encourage or sanction any work stoppages, strikes
(including sympathy strikes), slowdowns, sick-outs, picketing, boycotts, sick-ins,
cessation of work, paper strikes (deliberate failure to submit timely, quality, accurate and
complete reports and billing information), withholding of services, and other economic
actions against the Employer at any Employer location within the bargaining unit covered
by this Agreement.
28
Section 17.2 - Should there be any work stoppages, strikes (including sympathy strikes),
slowdowns, sick-outs, picketing, boycotts, sick-ins, cessation of work, paper strikes
(deliberate failure to submit timely, quality, accurate and complete reports and billing
information), withholdings of services, and other economic actions against the Employer
at any Employer location within the bargaining unit covered by this Agreement during
the life of this Agreement, the Union shall immediately take the following action
following notification from the Employer to an officer of the Union:
A. Advise the Employer in writing that the Union did not call for or sanction the
action.
B. Post notice on Union bulletin boards publicly disavowing such action.
C. Notify involved employees of the requirements of this Article and instruct them to
cease their actions and return to work immediately if this has not been done. If
requested by the Union to assist in the delivery of such notification to the
employees, the Employer will facilitate the same.
Section 17.3 Lockout - The Employer agrees that, during the term of this Agreement, it
will not lockout any of the employees covered by this Agreement.
Section 17.4 Discipline - Employees who violate this Article are subject to discipline
up to and including immediate termination of employment. The only issue which shall be
subject to arbitration shall be whether the employee directly or indirectly called,
sanctioned, participated in, encouraged or engaged in conduct prohibited by this Article.
ARTICLE 18 – HEALTH AND SAFETY
Section 18.1 Employee’s Right to Refuse Unsafe Work - No employee shall be
required to work under hazardous conditions or with unsafe equipment which would be
hazardous to the employee or co-workers and/or patient’s health and safety. No employee
will be subject to corrective action for refusing to work under hazardous conditions or
with unsafe equipment. Employees who become aware of hazardous conditions and/or
unsafe equipment must notify the on-duty supervisor as soon as possible. Employees who
violate Company safety rules and regulations may be subject to corrective action up to
and including termination. No employee will be subject to the corrective action for
reporting a health or safety problem or situation. The Employer reserves the right to have
such reports immediately reviewed and investigated by a professional, corrected or
deemed not to be a health or safety problem, and have the reported equipment placed
back into service.
Section 18.2 Driver Exclusion - All drivers are responsible for remaining properly
certified and/or licensed according to state requirements to drive Company ambulances
and/or chair cars. Employees who fail to maintain a driver’s license to operate Company
vehicles while on duty shall not be permitted to drive Company vehicles.
ARTICLE 19 – OPERATIONAL POLICIES AND WORK RULES
29
Section 19.1 - During the term of this Agreement, the Company shall notify the Union of
any proposed additions, deletions or modifications to existing operational policies,
procedures, and work rules. The Employer shall provide the Union with copies of such
proposals at least thirty (30) days prior to implementation. Within fifteen (15) days
following the Union’s receipt of the proposed additions, deletions or modifications, the
Union shall have the right to bargain with the Employer over identifiable impacts or
effects of the proposals on matters within the scope of representation. Employees shall
be provided with copies of all new or modified operational policies, procedures, and
work rules at least fifteen (15) days prior to implementation.
The provisions of this Agreement shall prevail over any inconsistent operational policies,
procedures, and work rules.
ARTICLE 20 – ADMINISTRATIVE LEAVE
Section 20.1 - The Employer may place employees on an unpaid administrative leave
pending investigation into allegations that could lead to corrective action of a multi-day
suspension or greater. Employees shall be provided the reason prior to being placed on
administrative leave. Employees shall also be advised of the obligation to cooperate in
the investigation and remain available for an administrative interview while on
administrative leave.
Section 20.2 - Employees placed on administrative leave shall be allowed to use available
accrued paid time off (PTO). In the unusual event the administrative leave continues
beyond twenty (20) calendar days, the employee shall be returned to full paid status and
remain off duty for the remainder of the administrative leave. However, employees
placed on administrative leave following suspension of their clinical privileges by the
EMS Agency or following an arrest for alleged serious criminal misconduct may be
continued on unpaid administrative leave until completion of the EMS Agency
proceedings or the criminal proceedings.
Section 20.3 - At the conclusion of the administrative leave, employees shall be returned
to their assignment and/or served with notice of corrective action. If no corrective action
is initiated, employees shall be fully reimbursed for all lost PTO and/or pay while on
administrative leave. If corrective action is initiated, employees shall be reimbursed for
the difference between any lost PTO and/or pay and the resulting corrective action.
Employees may grieve the corrective action as provided in this Agreement, including the
loss of PTO and/or pay while on administrative leave.
ARTICLE 21 – MISCELLANEOUS PROVISIONS
Section 21.1 Telephones - Company telephones are not to be used for personal use
except in an emergency situation. Telephones are to be used for incoming calls and as a
means of direct communications with dispatch. All telephone lines to and from any
AMR Communication Center are recorded. Employees shall not be required to possess or
use personal cellular telephones for company business.
30
Section 21.2 Gratuities - Employees are prohibited from accepting gifts or entertainment
of any value, directly or indirectly, from vendors, patients, customers, legislators and
regulators.
Section 21.3 Smoking - There shall be no smoking in Company vehicles or in Company
buildings except in designated areas.
Section 21.4 Subcontracting – The Employer shall not contract or subcontract for any
work normally performed by employees covered by this Agreement if such contracting or
subcontracting has the purpose or effect of displacing bargaining unit employees or
eroding the bargaining unit. The Employer may use non-bargaining unit employees
temporarily to perform work covered by this Agreement under emergency circumstances
and when operationally unavoidable.
Section 21.5 Outside Employment – Employees may not work for another provider of
emergency medical services if the particular employment would place the employee in an
actual conflict of interest. Employees who are unable to maintain a high standard of
work performance or are unable to report to duty as required by the Employer as a result
of outside employment may be subject to corrective action. The Employer shall not be
liable for or pay any benefits for injuries or illnesses resulting from outside employment.
Section 21.6 Liability Insurance - The Employer shall maintain liability
insurance/coverage for all employees covered by this Agreement when they are
performing bargaining unit work or acting on behalf of the Employer.
ARTICLE 22 – SHIFT BIDDING PROCEDURE
Section 22.1 Regular Vacancies - When a regular vacancy occurs, and the Employer
desires to fill the vacancy, the Employer shall post a notice of such vacancy at all stations
no later than 5 p.m. on Wednesday. Employees shall have five (5) calendar days from
the date of posting to bid for such vacancy. Bids shall be awarded to the senior qualified
employee based on the employee’s total classification seniority plus 25% of the
employee’s total company seniority. In awarding 911 bids, the Employer may make
assignment with consideration to operational need including customer service
requirements. At the close of the bid, but prior to awarding the shift, the Employer shall
notify the designated union representative of all bidders and the reason for the selection
of the shift recipient of the bid.
In the event the Employer desires to fill any subsequent vacancies created by the initial
posted position, such vacancies will be filled in the same manner. All additional resulting
vacancies shall be filled at the discretion of the Employer. Management will forward to
the union copies of all shift postings at the same time that such postings are distributed to
each field operation station.
31
Section 22.2 Temporary Vacancies - Positions anticipated to be open for six (6) months
or less are deemed to be temporary vacancies which may be filled at the Employer’s
discretion. Temporary vacancies shall not be created or continued to circumvent the
bidding process.
Section 22.3 Part-time and Per Diem Employees - When regularly scheduled full-time
vacancies remain following the bid process described above, and the Employer decides to
fill the remaining vacancies, the Employer shall offer the vacancies to regular part-time
employees in order of classification seniority who possess the minimum position qualifications. If the vacancies are not filled by part-time employees pursuant to this section,
the vacancies shall be offered next in seniority order to per diem employees who possess
the minimum position qualifications. It is recognized that filling such vacancies with
part-time or per diem employees as provided in this section may necessitate the
reconfiguration of the available shifts.
Section 22.4 - Once an employee is awarded a shift, the employee may not bid again for
a shift vacancy for a period of nine (9) months. In cases of new station openings
employees who have upgraded their classifications, neither will be held to a nine (9)
month commitment within their current shift. Any classification change into a
Communications role shall adhere to a nine (9) month commitment for shifts.
Section 22.5 - Qualification for the purpose of this Article shall be reasonably related to
the requirement of the vacancy. Employees who require training such as dispatchers and
telecommunication operators must be approved through a management selection process.
Employees who management deems equally qualified will utilize seniority for final
selection. Should the employee fail to successfully complete the training, the employee
will not be permitted to participate in the bidding process. This section will not be
subject to the grievance and arbitration procedure.
Section 22.6 Non-Bargaining Unit Personnel - Non-bargaining unit personnel who
hold the title of supervisor may fill shifts only after all available options to fill shifts with
bargaining unit employees are exhausted and said Supervisors do not fill more than 15%
of the total number of available shifts.
Section 22.7 Displaced employees – Full time employees who have completed their
probationary period and are permanently displaced from their regular shifts due to the
elimination of shifts shall be given priority for any available shifts. Such priority shall
only apply to the employee’s first shift bid following displacement. The nine (9) month
prohibition against re-bidding on new shifts shall not apply to employees awarded shifts
pursuant to this section.
ARTICLE 23 – CRITICAL INCIDENT STRESS DEBRIEFING (CISD)
Section 23.1 - The Employer will continue providing Critical Incident Stress Debriefing
(CISD). Employees directly involved in an incident who attend a CISD session will be
paid for the session as time worked. In the event an employee is in need of additional
32
services, the employee will be referred to the Company’s EAP provider. At the
Employer’s discretion, employees may be required to attend debriefing sessions.
The Employer shall be provided with proof of attendance for employees attending or
participating in CISD sessions. No other information shall be provided or released.
ARTICLE 24 – CONTRACT UNDERSTANDING
Section 24.1 Severability – This Agreement shall be subject to all present and future
applicable federal and state laws, or Executive Orders of the President of the United
States and other appropriate rules and regulations of bona fide governmental authority.
Should any provision(s) become unlawful by virtue of the above, or by declaration of any
court of competent jurisdiction, such action shall not invalidate the remainder of the
Agreement. Any provision(s) which become unlawful by virtue of the above, or by
declaration of any court of competent jurisdiction, 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.
Section 24.2 Amendments - Any changes to the Agreement shall be in writing and duly
executed by the parties thereto.
Section 24.3 Supersession - With the sole exception of written agreements mutually
agreed to by the parties, any and all agreements, written and oral, previously entered into
between the parties hereto, are in all things mutually canceled and superseded by this
Agreement.
Section 24.4 Bargaining Waiver and Zipper Clause - The parties acknowledge that
during the negotiations which resulted in this Agreement, all had the unlimited right and
opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining and that the understandings and
agreements arrived at by the parties after the exercise of that right and opportunity are as
set forth in this Agreement. Therefore, the Employer and the Union, for the life of this
Agreement, each voluntarily and unqualifiedly waive the right, and each agrees that the
other shall not be obligated to bargain collectively with respect to any subjects or matters
specifically referred to or covered in this Agreement.
The fact that a proposal was made and withdrawn by a party during the course of
negotiations leading to execution of this Agreement shall not be used to prove the party
making and withdrawing the proposal has in any manner given up any rights.
ARTICLE 25 – COMMITTEES
Section 25.1 Joint Labor Management Committee - The Employer and the Union shall
establish a Labor Management Committee comprised of an equal number (with a
minimum of two) participants from both the Employer and the Union. The purpose of
this committee shall be to discuss issues of mutual interest to both parties for the sole
purpose of establishing a harmonious working relationship between the employees, the
33
Union and the Employer. The committee shall meet quarterly upon request of either
party. The Labor Management Committee shall not have the power to alter or change in
anyway the provisions of this Agreement, negotiate new agreements or resolve
grievances.
Section 25.2 Health and Safety Committee - The Employer and Union shall establish a
Health and Safety Committee comprised of an equal number (with a minimum of two) of
participants from both the Employer and the Union. The purpose of this committee will
be the ongoing review of health and safety issues and the investigation of safety concerns
referred to the committee by an employee or by the Employer. The committee shall be
empowered to make recommendations to management but shall not have the power to
alter or change in any way the provisions of this Agreement.
Section 25.3 Committee Compensation - Participation by members of the bargaining
unit in both of these committees is instrumental to the success of each committee’s
efforts. Bargaining unit members will be paid at the straight-time rate for time spent in
committee meetings up to a maximum of four (4) hours per month. These hours will not
be counted as hours worked and will not be used in the calculation of overtime.
ARTICLE 26 – SHIFT SWAPS
Section 26.1 Shift Swaps - Employees covered by this Agreement may be allowed to
swap shifts in accordance with the following procedures:
A. Submit a completed Shift Swap Form to the Scheduling Department three (3)
business days prior to the date of the requested trade. Emergency swaps may be
submitted to and approved by a supervisor on less than three (3) business days
notice. A completed Shift Swap Form will include the signature of both
employees.
B. The Employer’s designated supervisor or scheduler will respond to the request
within one (1) business day after submission of the request. The shift swaps of
any employee may be denied by the Employer for cause or operational
requirements.
C. Shift swaps shall not result in additional costs to the Employer. Shift Swaps must
occur during the same pay week.
D. All Shift swaps shall be done on an hour-for-hour basis and will be among equally
qualified employees.
E. Shift Swaps will not be allowed for the purpose of avoiding corrective action.
F. Employees who agree to cover a shift will be held accountable for the shifts they
agree to cover.
34
G. Failure of an employee to show (“no call/no show”) for agreed shift swaps will
result in corrective action and may result in termination of an employee’s shift
swap privileges for up to six (6) months.
H. Swaps may not be used for the purpose of reconfiguring shifts. Submission of
more than three (3) consecutive shift swaps will constitute reconfiguration of
shifts and will only be permitted for education and/or training directly related to
the EMS Field and for extraordinary circumstances at the discretion of
management.
I. Employees may give away up to two (2) shifts per year for reasons of personal
emergency, so long as the swap does not result in additional labor costs (i.e.,
straight time for straight time, overtime for overtime). The employee giving away
the shift shall be responsible for providing a minimum of two (2) hours notice of
the give away to the scheduler or designee. Failure of the employee to adhere to
the two (2) shift limitation on giveaways or to provide notice of the give away
will result in corrective action.
ARTICLE 27- SUBSTANCE FREE WORKPLACE AND TESTING
Section 27.1 - The Union and the Employer are committed to maintaining an alcohol and
drug free workplace for the safety of employees, patients and the public. The Union and
the Employer agree that bargaining unit employees shall be subject to the “AMR
Substance Abuse Prevention Policy” appearing as Addendum “B” of this Agreement,
except as provided in this Article.
Section 27.2 – In determining whether to test an employee in accordance with the AMR
Substance Abuse Prevention Policy, “reasonable suspicion” shall not be based solely on
the observation and verbal reports of third parties. Employees upon request shall be
allowed to contact a Union representative and obtain Union representation prior to
submitting to any substance test authorized by the “AMR Substance Abuse Prevention
Policy,” provided a Union representative can be contacted and can arrive at the testing
location within 30 minutes. An employee’s contact and request for Union representation
shall not delay the employee’s submission to a substance test beyond 30 minutes. The
employee representative shall be a duly authorized Union steward or Union
representative.
Section 27.3 - The Union and the Employer agree that any system of random or periodic
substance testing shall be prohibited for bargaining unit employees, unless performed in
accordance with a “Last Chance Agreement” as specified in the “AMR Substance Abuse
Prevention Policy” appearing as Addendum “B” to this Agreement, or specifically
required by a customer, contracting agency or law.
Section 27.4 - The Employer agrees to meet and negotiate with the Union over the
implementation of any system of random or periodic testing specifically required by a
customer, contracting agency or law at least ninety (90) days prior to the required
implementation date. Such negotiations shall include the specific requirements of the
35
program, the process for implementing the program and the impact of the program on
affected employees.
ARTICLE 28 – LAYOFF/RECALL
Should it become necessary for the Employer to reduce the size of the workforce,
the Employer shall notify the Union at the earliest possible opportunity, but in no
event less than seven (7) calendar days prior to the layoff. Before any reduction
of the workforce, the Employer and the Union shall meet to discuss the impact on
employees and/or discuss possible alternatives.
Section 28.1 Layoffs – Should reductions in the workforce become necessary, the
Employer and the Union agree that layoffs and recall shall use the following procedures
to minimize the disruption to the lives of the employees, operations of the Employer, and
the surrounding communities and clients served by the Company:
A. The bargaining unit shall be divided into the following regions
1.
2.
3.
4.
5.
6.
7.
8.
9.
ME
NH
Newburyport-Haverhill-Lynn
Worcester-Milford-Holden
Metro West
Dedham
Brockton-Avon
Plymouth-Plympton-Weymouth
Taunton-Attleboro-Middleboro-New Bedford
B. Determine the number of positions by classification in each region.
C. Group employees by classification and company seniority within each
region.
D. Determine the number of open positions within each region.
E. Determine the number of full-time positions that could be created by
eliminating all part-time and per diem shifts and assignments.
F. Determine the number of employees occupying positions scheduled for
elimination within each region.
G. Employees in classifications scheduled for elimination will choose open
shifts by company seniority within classification in the following order:
EMT-P, EMT-C, EMT-I, EMT-B. If a classification does not have
enough vacancies the employees shall be placed at the bottom of the next
lower classification in company seniority order (i.e. EMT-P to bottom of
EMT-C group to take option to downgrade classification).
36
H. No eliminated employee may choose a position of an employee who has
greater seniority than the eliminated employee.
I. Employees whose positions are eliminated may choose by company
seniority within classification, an available position, within region, they
are qualified for that is not occupied by any employee in the region.
J. If no unoccupied positions exist, the employee may choose, by company
seniority within classification, a position they are qualified for that exists
by eliminating part-time and per diem shifts and assignments.
K. If no unoccupied positions exist, the employee may choose, by company
seniority within classification, a position they are qualified for which is
occupied by a probationary employee in the region.
L. If there are no more probationary employees in the classification of an
employee whose position is being eliminated, that employee may, in order
of company seniority within classification, select a position within the
region that is occupied by the person of lowest seniority in that
classification, provided that:
1. The employee whose position is eliminated is senior to the least senior
employee occupying a position.
2. The employee is qualified for that position.
Section 28.2 Recall
All laid off employees shall be placed on a recall list grouped by classification
and in order of company seniority.
No new employees shall be hired into affected classifications and/or regions until all
previously laid-off employees are recalled, decline recall offers, or are reemployed. After
a shift bid is completed pursuant to Article 23.1, all resulting subsequent vacancies shall
be offered to qualified employees on the recall list based on company seniority before
any full-time employees will be allowed to upgrade their classifications and before any
part-time or per-diem employees will be allowed to up-grade to full-time status.
Laid off employees shall remain on the recall list and retain all seniority for a period of
nine (9) consecutive months and shall have the option of one (1) refusal within the region
from which they were laid off. The Employer shall notify employees of recall by
certified letter. Any employee who fails to respond to a written recall notice within seven
(7) days will be removed from the recall list.
Any employee who opts to change their status to part-time or per-diem status in
lieu of layoff shall not be subject to recall and must bid pursuant to Article 22.
ARTICLE 29 – CREW QUARTERS/WORK STATIONS
37
Section 29.1 – Where the Employer is the lease holder or owner of the building for 24hour employees, the Employer shall maintain such crew quarters in a safe and inhabitable
condition. The Employer shall promptly perform all necessary repairs and routine
maintenance, where allowed, at all crew quarters.
Section 29.2 – At least twice weekly, employees are expected, subject to workload
requirements, to ensure crew quarters are clean and orderly. Employees should ensure all
lighting and appliances are turned off, dishes, pots and pans are clean and put away, and
all trash/garbage is picked up and properly disposed before concluding their shifts.
Employees are not responsible for capital improvements or routine maintenance on crew
quarters.
Section 29.3 - The Employer shall provide the following items for each crew quarters in
good working order:
A.
B.
C.
D.
Vacuum cleaner and vacuum cleaner bags for carpeted facilities
Broom and dust pan
Mop and mop bucket
Appropriate cleaning chemicals, cleaning brushes and gloves
Section 29.4 - The Employer shall provide the following items for each crew quarters and
will restock them as needed:
A.
B.
C.
D.
Toilet paper
Paper towels
Hand soap
Light bulbs
Section 29.5 - All 24-hour crew quarters shall have the following items in good and
working condition:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Electricity, water, sewer and garbage service
Adequate heating and air conditioning systems
Bathroom facilities with showers
Sleeping areas with a minimum of two (2) twin beds with appropriate mattresses
Window shades/blinds or curtains for privacy from public view
Appropriate comfortable seating (chairs and couches) for each individual assigned
to the stations (minimum seating for three (3) people)
Exhaust/ventilation system for apparatus garages
Dining table and four (4) chairs
End tables and lamps (space permitting)
Desk, lamp and desk chair (space permitting)
Refrigerator/freezer
Stove where permitted by code
Microwave oven
Drinking water filter or bottled water service
38
O. Coffee maker, not including supplies
P. Plates, bowls, cups, glasses and flatware (paper or plastic plates, bowls, cups,
glasses and flatware for crew quarters that do not have sinks or appropriate
washing facilities)
Q. Color television with remote control
R. Basic cable or satellite service (if available)
If any of the above items become damaged or inoperative the Employer will immediately
repair or replace the items as needed.
Section 29.6 Lockers – The Employer, at its sole discretion, may provide lockers when
availability exists and in some stations crews will be expected to share lockers with their
partners or co-workers. The Employer will not be responsible for theft, damage or
vandalism to personal items stored in such lockers. If an employee elects to occupy a
locker provided by the Employer, the employee agrees to allow the Employer access to
the locker upon reasonable advance notice and only in the presence of the employee.
ARTICLE 30 – EDUCATION AND TRAINING
Section 30.1 Employer Provided Training - The Employer will provide continuing
education courses, in service training and other forms of training and education needed to
meet certification, recertification/refresher and licensing requirements and to satisfy any
additional Employer and governmental agency requirements at no cost to employees.
Section 30.1.1 - The Employer shall offer and schedule such education and training
courses for bargaining unit employees. The Employer shall post a schedule of all courses
in all stations and on the Employer’s website for at least fourteen (14) calendar days to
allow employees the opportunity to sign up for courses. Courses shall be filled on a first
come first served basis, except that seating preference shall be given to full-time and parttime employees for recertification/refresher courses. If after fourteen (14) days an
employee fails to sign up for a mandatory class, the Employer may designate a class for
the employee. The Employer’s assignment shall constitute a work assignment and the
employee must attend. Employees who register or are designated to attend a course are
required to attend the course. Employees who fail to attend a course without advance
notice or extenuating circumstances are subject to corrective action.
Section 30.1.2 - All time spent attending Employer required mandatory training will be
compensated as hours worked. Training requirements to meet state certification
requirements are excluded from this provision, specifically BCLS, ACLS and DOT
refresher training.
Section 30.1.3 – Full-time employees shall prospectively be reimbursed for all required
state and national EMS re-certification fees one (1) year after obtaining the certification.
Section 30.2 Optional Training - If an employee chooses to attend a BTLS/PHTLS,
PALS, NALS or other training program requiring external administrative coordination
39
and/or support materials, employees may be required to pay a nominal fee to support
such programs.
Section 30.3 Tuition Reimbursement - All employees are encouraged to advance
themselves in the field of emergency medical services. Any continuing education or
advanced training programs not offered by AMR that an employee wishes to pursue must
be approved in advance by operations management and Human Resources. Upon
successful certification, and the assignment to a full-time position at the level of
certification, reimbursement will be provided for the training as provided below.
Section 30.3.1 Reimbursement Schedule - Reimbursement will be paid on a monthly
basis to eligible employees on the active payroll according to the following schedule:
Paramedic
Intermediate
EMT Basic Training
CCEMT-P
$115/month for 48 months
$75/month for 12 months
$35/month for 24 months
$35/month for 12 months
Section 30.4 Emergency Vehicle Operation Course (EVOC) - All employees who
operate Company vehicles are required to complete the Employer’s Emergency Vehicle
Operations Course (EVOC).
Section 30.4.1 - The Employer agrees to offer EVOC as a two (2) day course to all
employees who operate Company vehicles as part of their job responsibilities and duties.
Employees will be paid at the straight-time rate of pay for the initial offering of this two
(2) day course. If an employee fails a first time to satisfactorily complete the two (2) day
course, the employee will be continued in their employment with the understanding that
he/she will be placed on a driver suspension until a second training program can be
offered based on the next most available program. Should the employee fail to complete
the course satisfactorily a second time, the employee will be placed on administrative
leave without pay until such time as a third training program can be offered based on the
most available program offering date. Should the employee fail a third time to complete
the EVOC program, the employee automatically will be terminated from employment.
40
ARTICLE 31 – TERM OF AGREEMENT
31.1 Term - This Agreement shall remain in full force and effect except as otherwise
specifically provided herein, from August 1, 2009 through and including midnight
December 31, 2012, and continue in full force and effect from year to year thereafter,
unless notice of desire to amend or terminate the Agreement is served in writing by either
party upon the other at least ninety (90) days prior to the date of expiration.
For NEMSA:
For AMR:
41
!
Addendum A
Wage Scales
2009 - 2012 Wage Scale
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
MA
$9.15
$9.42
$9.71
$9.99
$10.29
$10.61
$10.92
$11.08
$11.25
$11.42
$11.59
$11.76
$11.94
$12.12
$12.30
$12.49
$12.67
$12.86
$13.05
$13.25
$13.45
Non-MA
$8.14
$8.38
$8.64
$8.89
$9.16
$9.43
$9.72
$9.87
$10.01
$10.16
$10.32
$10.47
$10.63
$10.79
$10.95
$11.12
$11.28
$11.45
$11.62
$11.79
$11.97
Chair Car
EMT-Basic
MA 40
$12.70
$13.18
$13.70
$14.24
$14.82
$15.19
$15.57
$15.95
$16.36
$16.77
$17.18
$17.53
$17.88
$18.24
$18.60
$18.97
$19.45
$19.93
$20.43
$20.94
$21.46
MA 48
$12.16
$12.62
$13.11
$13.63
$14.18
$14.53
$14.90
$15.26
$15.66
$16.04
$16.44
$16.77
$17.11
$17.45
$17.79
$18.16
$18.61
$19.07
$19.54
$20.04
$20.53
MA 56
$11.43
$11.87
$12.33
$12.82
$13.34
$13.67
$14.02
$14.35
$14.72
$15.08
$15.47
$15.77
$16.09
$16.42
$16.74
$17.07
$17.50
$17.93
$18.39
$18.84
$19.32
Non-MA 40
$11.18
$11.60
$12.06
$12.53
$13.04
$13.37
$13.70
$14.04
$14.40
$14.76
$15.12
$15.42
$15.73
$16.05
$16.37
$16.69
$17.11
$17.54
$17.97
$18.43
$18.89
Non-MA 48
$10.69
$11.10
$11.54
$11.99
$12.47
$12.79
$13.11
$13.43
$13.77
$14.12
$14.47
$14.76
$15.05
$15.36
$15.66
$15.98
$16.37
$16.78
$17.20
$17.63
$18.07
Non-MA 56
$10.06
$10.44
$10.85
$11.27
$11.73
$12.03
$12.33
$12.64
$12.96
$13.27
$13.60
$13.88
$14.16
$14.45
$14.72
$15.02
$15.40
$15.78
$16.18
$16.59
$17.00
EMT-Intermediate
MA 40
$13.71
$14.27
$14.85
$15.47
$16.11
$16.51
$16.93
$17.35
$17.78
$18.23
$18.68
$19.05
$19.44
$19.83
$20.23
$20.63
$21.14
$21.67
$22.22
$22.77
$23.34
MA 48
$13.12
$13.65
$14.21
$14.80
$15.41
$15.80
$16.20
$16.60
$17.02
$17.44
$17.88
$18.23
$18.60
$18.97
$19.36
$19.74
$20.24
$20.74
$21.26
$21.79
$22.33
MA 56
$12.34
$12.84
$13.37
$13.92
$14.50
$14.86
$15.23
$15.61
$16.01
$16.41
$16.82
$17.15
$17.50
$17.85
$18.20
$18.57
$19.03
$19.51
$20.00
$20.49
$21.00
Non-MA 40
$12.07
$12.55
$13.07
$13.61
$14.17
$14.53
$14.89
$15.26
$15.65
$16.04
$16.44
$16.77
$17.11
$17.45
$17.79
$18.15
$18.61
$19.08
$19.55
$20.04
$20.54
Non-MA 48
$11.55
$12.01
$12.51
$13.03
$13.56
$13.91
$14.26
$14.61
$14.97
$15.35
$15.73
$16.05
$16.37
$16.69
$17.03
$17.37
$17.80
$18.26
$18.71
$19.18
$19.65
Non-MA 56
$10.86
$11.30
$11.76
$12.25
$12.76
$13.08
$13.40
$13.74
$14.09
$14.44
$14.80
$15.10
$15.39
$15.70
$16.02
$16.33
$16.75
$17.17
$17.59
$18.04
$18.48
2009 - 2012 Wage Scale
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
Step
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
EMT-Paramedic
MA 40
$16.31
$17.01
$17.73
$18.50
$19.31
$19.80
$20.28
$20.79
$21.31
$21.85
$22.39
$22.84
$23.30
$23.77
$24.24
$24.72
$25.34
$25.98
$26.62
$27.29
$27.97
MA 48
$15.61
$16.27
$16.97
$17.70
$18.48
$18.94
$19.41
$19.90
$20.39
$20.91
$21.43
$21.86
$22.30
$22.74
$23.19
$23.66
$24.24
$24.85
$25.48
$26.12
$26.77
MA 56
$14.68
$15.31
$15.96
$16.65
$17.38
$17.82
$18.26
$18.72
$19.18
$19.66
$20.16
$20.56
$20.97
$21.38
$21.82
$22.25
$22.80
$23.37
$23.97
$24.56
$25.17
Non-MA 40
$14.35
$14.97
$15.60
$16.28
$16.99
$17.41
$17.85
$18.30
$18.76
$19.22
$19.70
$20.10
$20.50
$20.91
$21.33
$21.75
$22.30
$22.85
$23.43
$24.02
$24.61
Non-MA 48
$13.74
$14.32
$14.93
$15.58
$16.26
$16.67
$17.08
$17.51
$17.95
$18.40
$18.86
$19.23
$19.62
$20.01
$20.41
$20.82
$21.34
$21.87
$22.42
$22.98
$23.55
Non-MA 56
$12.93
$13.47
$14.05
$14.65
$15.30
$15.68
$16.07
$16.47
$16.88
$17.30
$17.73
$18.09
$18.45
$18.82
$19.19
$19.58
$20.07
$20.57
$21.09
$21.62
$22.16
$19.29
$19.67
$20.06
$20.46
$20.88
$21.39
$21.93
$22.47
$23.05
$23.62
$20.73
$21.14
$21.56
$22.00
$22.43
$22.99
$23.56
$24.16
$24.76
$25.38
TCO
$13.27
$13.97
$14.71
$15.49
$16.30
$16.72
$17.13
$17.55
$18.00
$18.44
$18.91
Dispatch
$14.27
$15.02
$15.82
$16.64
$17.52
$17.95
$18.41
$18.86
$19.34
$19.82
$20.31
!
Addendum B
AMR Substance Abuse Prevention Policy
I
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
Version 1.0
Page 1 of 7
Effective 11101/2004
I
PAGE
TOPIC
SECTION
I
INTRODUCTION............................................................................................... 1
POLICY STATEMENT .....................................................................................2
STANDARDS OF EMPLOYEE CONDUCT......................................................2
DRUG & ALCOHOL SCREENING.................................................................... 3
PRE-EMPLOYMENT DRUG TESTING............................................................3
DRUG & ALCOHOL SCREENING I TESTING, CURRENT EMPLOYEES4
DRUG & ALCOHOL TEST PROCESS............................................................. 5
DRUG & ALCOHOL TEST METHODS.............................................................5
CONFlRMATlON OF TEST RESULTS............................................................ 6
ALCOHOL TEST FAILURE CRlTlERlA & CONSEQUENCES........................6
DRUG TEST FAILURE CRlTlERlA & CONSEQUENCES...............................6
~MPLOYEEASSISTANCE ~ R ~ G l 3 ...........................................................
4M
7
SELF-DISCLOSURE OF A DRUG OR ALCOHOL PROBLEM........................7
EDUCATION AND TRAINING.......................................................................... 7
EXCEPTIONS...................................................................................................7
BACKGROUND
I
T
American Medical Response (AMR) recognizes that alcohol and substance abuse can create a hazard
both for the user and for those persons who come in contact with the user. While each employee is
ultimately responsiblefor his or her own safety and health, AMR recognizes its parallel responsibilitiesto
provide as safe a workplace as possible and to comply with all applicable laws and regulations.
PURPOSE
The purpose of the AMR Substance Abuse Prevention Policy is to outline a comprehensive prevention
and response system that will reduce the likelihood of substance abuse by employees, thereby
supporting AMR's Risk Management Program and creating a safer environment for employees, patients
and the general public.
APPLIES TO
This policy applies to all AMR employees.
ENFORCEABILITY
Violation of any element in this policy will result in corrective action, up to and includingtermination.
Items flagged with a rlr symbol involve both a high likelihoodof mishap I injury @ require primarilya
choice, not a skill, in order to comply. Violation of such rlr items will trigger accelerated corrective action,
up to and including termination for the first infraction.
Employees are required to familiarize themselves with these expectations. To obtain further information
about substance abuse prevention, please contact your supervisor or the Human Resources Department.
i
C
AMR Safety and Risk Management
<< Proprietary Materials >>
I
SRML1606
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
1C
Page 2 of 7
Version 1.0 o Effective 11/01/2004
It is the oolicv of AMR to:
1.I
Expressly prohibit the unlawful use, possession, manufacture, distribution, dispensation, or sale of
alcohol and controlled substances or illicit drug paraphernalia by its employees at all times. In
addition to termination, AMR may report these activities to local law enforcement or other
regulating agencies.
1.2
Require AMR employees to be fit for duty while performing services on behalf of the company and
to perform all assigned duties without the presence of illegal drugs, alcohol or inappropriatelegal
drugs in their systems.
1.3
Test any employee for alcohol and controlled substances as outlined in this policy.
1.4
Whenever necessary, search AMR premises for evidence of potential substance abuse. "AMR
premisesnincludes but is not limited to: all facilities and areas in which AMR operates, AMR
owned / leased property, any property where services on behalf of AMR are being performed,
AMR owned or leased equipment, privately owned vehicles while on AMR owned or leased
property, parking lots, lockers, desks, equipment, work spaces, and storage facilities.
2.0
Standards of Emplovee Conduct
2.1
Employees should refrain from alcohol consumptionfor at least 8 hours prior to the start of any
work shift.
2.2
+ AMR employees shall not consume alcohol if any of the following situational factors apply:
(a) On-duty
(b) On-call
(c) In AMR uniform, even if "offduty"
2.3
AMR employees may be exempt from the alcohol related provisions of this policy for a specific
meeting or company function where alcohol consumption is permitted by AMR management.
(a) Alcohol related exemptions shall not apply to any employee that:
(1) Is expected to remain ready to respond to emergency calls, provide patient care, or
provide clinical guidance to on-duty employees [e.g. field employees or field supervisors
who are on-duty or on-call].
(2) Drives an AMR vehicle to or from the meeting / company function
(3) Is in AMR uniform, regardless of duty status
r
w
I
1.0
PROCEDURES
/e
1
2.4
rlr AMR employees are prohibitedfrom unlawful use, possession, manufacture, distribution,
dispensation, or sale of controlled substances or illicit drug paraphernalia.
2.5
If taking a prescribed or over-the-counter drug, employees must immediately report to their
supervisor if the use of the drug may alter the employee's behavioral alertness or mental ability
and 1 or may interferewith the employee's ability to perform their normal job duties in a safe and
competent manner.
(a) The company may require the employee to provide a written letter of explanation from their
physician that indicates knowledgeof the employee's work, sufficient awareness of the
AMR Safety and Risk Management
<< Proprietary Materials >>
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
I'
C
Page 3 of 7
Version 1.0 c> Effective 1110112004
I
hazards associated with the work, and professionally reasoned confidence that the prescribed
medication will not create unreasonable risk for the employee, coworkers, patients, or the
community.
(b) Employees are not to take prescription drugs unless they are issued to them by a physician.
Therefore, any prescribed drugs taken while on duty must be in the original container and be
clearly marked with the employee's name on the prescription label.
(c) Employees are not to knowingly misuse or abuse over-the-counter or prescription medications.
(
2.6
Employees must notify their supervisor immediately if they are arrested or convicted under any
criminal statute associated with drugs or alcohol.
3.0
Drua and Alcohol Screeninq
3.1
AMR locations that do not have a saliva-based screening process available should proceed
directly to drug and alcohol testing if indicated by Section 5.0 of this policy.
3.2
Where available, saliva-based drug and alcohol screening may be used to "rule-outnthe presence
of alcohol or controlled substances in an employee's system. In such cases, an HR-approved
procedure or checklist should be used to govern the key steps of the screening process, including
but not limited to:
(a) Ensuring appropriate steps are taken to document the reason for administering the screen
(b) Providing for a witness while the screen is administered
(c) What to do if the saliva-based screen indicates "non-conclusivenor similar findings that
suggest the need to utilize a drug and alcohol test.
3.3
No AMR location or department is obligated to make saliva-based screening available to
employees.
3.4
Saliva-based screening is not to be used as the basis for taking corrective action. Rather, it may
be used only to determine whether to proceed with a drug and alcohol test.
3.5
Screening results that indicate 'non-conclusiven [or equivalent] shall trigger quantifieddrug and
alcohol testing as describedelsewhere in this policy.
3.6
Regardless of saliva-based screening results or an employee's refusal to participate in a drug or
alcohol screen, AMR reserves the right to require an employee to undergo a drug or alcohol test.
4.0
Pre-Em~lovmentDrun Testing
4.1
Individualsthat receive a job offer from AMR must complete a post-offer 1 pre-placement drug test
that is administered by an AMR-designated provider. AMR's Human Resources Department
should provide guidance to employment candidates regarding HRdesignated test locatibns,
documentation and process requirements.
4.2
Saliva-based screening is not permitted for use in lieu of the drug test required by this section.
4.3
Employment candidates that refuse to undergo a drug test, or who fail the test, are not eligible for
hire.
5.0
Drua and Alcohol Screenina / Testing--Current Em~lovees
5.1
Reasonable suspicion criteria
#
AMR Safety and Risk Management
<< Proprietary Materials >>
SRM M606
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
1
I
I
Page 4 of 7
Version 1.O <> Effective 11/01/2004
(a) AMR management may initiate a reasonable suspicion drug and alcohol screen or test for any
employee who exhibits physical, behavioral, or performance indicators of possibledrug or
alcohol use.
(b) Prior to initiating a reasonable suspicion drug and alcohol screen or test, Supervisors should
consult with the AMR Human Resources Department and other appropriate resources as
necessary.
(c) The investigating Supervisor should clearly document the physical, behavioral or performance
indicators of possible drug or alcohol use that formed the basis of their reasonable suspicion.
This information, along with any other investigationwork products, should be forwarded to
Human Resources for review.
5.2
For cause criteria
(a) Post-incident
(1) All collisions involving an AMR vehicle where one or more persons are transported by
ambulance or any vehicle must be towed from the scene
(2) More than 2 workers' compensation claims that involve treatment in a 12 month period
(3) Discovery of an open container of alcohol, controlled substances or drug paraphernalia in
an employee's possession while at work, in the employee's work area, or in any area the
employee had access to
(4) Missing or altered controlled substances to which the employee had access
(5) More than one customer complaint of missing medications in a 36 month period
(6) Arrest or conviction for violation of a criminal drug statute
(7) Alleged felony activity while on duty
5.3
Retum to duty testing criteria
(a) Employees that meet the condition of Section 9.2 of this policy are required to successfully
pass a rstum to duty alcohol test before resuming duty.
(b) Employees that proactively selfdisclose a drug or alcohol problem to the company are
required to take a return to duty drug and alcohol test before returning to duty. See also
Section 5.4 below.
5.4
Follow-up testing criteria
(a) Employees that proactively self-disclose a drug or alcohol problem to the Company or who
meet the condition of Section 9.2 of this policy will be required to participate in a follow-up
[unannounced I random] testing regimen that is designed or approved by the Company.
5.5
Random testing criteria
(a) Excepting those covered by a lastchance agreement, as outlined in Section 12.2 of this
policy, random drug and alcohol testing may not be done unless a separate written program is
established by the AMR Human Resouices Department.
(
w
6.0
Druq and Alcohol Test Process
6.1
Given the inability to determine the presence or type of substance(s) that might be in an
employee's system without conductingan appropriate test, alcohol testing must be done in
AMR Safety and Risk Management
<< Proprietary Materials >>
SRM #l
SO5
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
I
Page 5 of 7
Version 1.0 <> Effective 1110112004
conjunction with controlled substance testing and vice versa. Using only one or the other test is
not permitted-both must be used.
6.2
I
If the employee refuses to submit to a drug and alcohol test or refuses to sign a chain of
custody form or any other documentation associated with this policy or the drug or alcohol testing
process, helshe will be terminated.
6.3
I
Employees shall not take any deliberate action to mask the signs of alcohol or controlled
substance use or to elude detection of having alcohol or controlled substances in their system.
6.4
I
Employees shall not switch or adulterate a drug or alcohol test specimen. This action shall
result in termination.
6.5
I
Upon being notified by the Company of the need to submit to a drug and alcohol test,
employees must immediately report to the test collection site as directed by the investigating
supervisor. Failure to do so may result in termination.
6.6
AMR management should provide or arrange safe transportation for the employee upon request,
or upon management suspicion that an employee may be unable to safely operate a vehicle.
6.7
An employee required to undergo an alcohol and drug test based on "reasonable sus~icion"
should be placed on unpaid administrative leave until the test results are received. Employees
required to undergo a drug and a l w h d test based solely on the basis of meeting the "for causen
criteria specified in Section 5.2 of this policy [i.e. no reasonable suspicion factors evident] do not
normally need to be placed on administrative leave. Consult the Human Resources Department
as needed in this regard.
6.8
All documentationassociated with the administrationof this policy will be maintained by the AMR
Human Resources Department and will be treated as confidential.
7.0
Drucl and Alcohol Test Methods
7.1
As established in Section 3.0 of this policy, AMR may elect to utilize a saliva-based drug and
alcohol screening to help determine whether administering a quantified drug and alcohol test is
indicated.
7.2
AMR controlled substance testing detects opiates, marijuana, phencyclidine (PCP),
amphetamines, cocaine, cocaine & marijuana metabolites, benzodiapines, barbiturates,
methadone, propoxyphene and may test for any other substances identified in Schedules I-V of
Section 202 of the Controlled Substances Act (21 U.S.C. Section 812). Controlled substance
testing will be performed with split urine samples by a HHS-certified laboratory under the National
Laboratory Certification Program (NLCP).
r*
(a) An initial screen by immunoassay (e.g. EMIT) and confirmation test using Gas
ChromatographyIMass Spectrometry will be conducted.
(b) In addition to the interpretation, test sites should be asked to provide quantified results.
(w
7.3
Alcohol testing may be conducted by breathalyzer, urinalysis, or blood. If the initial test indicates
the presence of alcohol, B confirmation test will be done within fifteen minutes. Confirmation
testing may be by breathalyzer, blood testing or any other evidentiary means for testing alcohol.
8.0
Confirmation of Test Results
8.1
AMR will designate a Medical Review Officer ("MRO") who shall be a licensed physician with
knowledge of drug and alcohol abuse disorders. The MRO shall perform the following functions:
AMR Safety and Risk Management
<< Proprietary Materials >>
SRM #I506
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
f
Page 6 of 7
Version 1.0 <> Effective 1110112004
I
I
(a) Review and interpret each confirmed positive test result to determine if there is an alternative
medical explanation for the result. The MRO should:
(1) Conduct a medical interview with the individual tested.
(2) Review the individual's medical history and any relevant biomedical factors.
(3) Review all medical records made available by the individual tested to determine if a
confirmed positive test resulted from a legally prescribed medication.
(4) If necessary, require that the original specimen be reanalyzed to determine the accuracy of
the reported test result.
(5) Verify that the laboratory report and assessment are correct.
8.2
The MRO review of confirmed positive test results shall conclude with one of the following
determinations:
(a) There is a legitimate medical explanation for the confirmed positivetest result other than
unauthorized use of a controlled substance. This shall be reported to AMR as a negative test
and shall be recorded in the employee's medical file.
(b) Based on a review of laboratory inspection reports, qualty assurance and quality control data,
and other drug test results, the MRO may conclude that a particular drug test resultis
scientifically insufficient for further action. This shall be reported to AMR as a negative test
and shall be recorded in the employee's medical file.
(c) The MRO determines, after appropriate review,that there is no legitimate medical explanation
for the confirmed positive test result other than the unauthorized use of a controlled substance
or alcohol. This shall be reported to AMR as a positive test and shall be recorded in the
employee's medical file.
9.3
Alcohol Test Failure Criteria and Conseauences
< 0.02: No action based on alcohol concentration.
2 0.02 and 5 0.039: Removal from duty, mandatory EAP referral, mandatory final written warning,
at least a one (1) shift unpaid suspension, mandatory return to work test, mandatory / signed last
chance agreement that includes [but is not limited to] mandatory participation in a follow-up testing
program designed or approved by AMR. This option may be used only once during an
employee's work experience(s) with AMR.
2 0.04: Termination.
10.0
Drua Test Failure Criteria and Conseauences
10.1
Any detectable presence of controlled substances, controlled substance metabolites, or controlled
substance test adulterants will result in termination.
11.0
Em~loveeAssistance Prwram
11.1
AMR supports early intervention and treatment for employees faced with alcohol or controlled
substance related problems by providing an Employee Assistance Program (EAP). Employees
9.0
9.1
9.2
I
AMR Safety and Risk Management
<< Proprietary Materials >>
SRM #I
605
r
I
Version 1.0 <> Effective 11101/2004
.
AMR SUBSTANCE
ABUSE
PREVENTION
POLICY
Page 7 of 7
I
I
with alcohol and lor substance abuse problems are strongly encouraged to voluntarily and
proactively utilize the EAP service. For current information about this service, employees should
contact their supervisor or the AMR Human Resources Department.
12.0
Self-Disclosure of a Drua or Alcohol Problem
12.1
Employees are strongly encouraged to proactively inform their supervisor or a Human Resources
Department staff member if they have an alcohol or a controlled substance abuse problem. If
notified, the Company should cany out an investigation into the matter. The investigation may
include requiring the employee to take an alcohol and /or controlled substances test.
12.2
If the investigation shows the employee's disclosurewas made proactively [i.e. before being
requested by the Company 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 into a written "Lastchance agreement" between the employee and the Company.
(a) As part of the last-chanceagreement, the employee may be required to take an unpaid leave
of absence in order to complete appropriatetreatment for alcohol and 1or controlled
substance abuse.
(b) Before becoming eligible to return to duty, employees participating in a last-chance agreement
must agree to and fully comply with all requirements established by the Company, the local
EMS Agency, and the EMS Agency Medical Director.
(c) Failure to sign the lastchance agreement or failure to fully comply with the terms therein shall
be grounds for termination.
Self-disclosure of an alcohol or substance abuse problem that is deemed to be reactive in nature
[i.e. after being requested by the Company to submit to drug or alcohol testing or after an incident
occurs that could reasonably lead to such request] will have no effect. If a drug or alcohol test
reveals a failed result, the employeewill be subject to the corrective actions specified in Sections
9.0 and 10.0 of this policy.
e
12.3
13.0 . Education and Training
13.1
AMR has implemented a Drug Free Awareness Programto educate employees and their families
on alcohol and substance abuse issues. The Program includes informationabout:
(a) The AMR Substance Abuse Prevention Policy.
(b) The dangers of alcohol and drug abuse.
(c) The availability of confidential treatment and counseling through AMR's EAP
(d) The consequences of violating this policy.
14.0
Exceptions
14.1
Any exception(s) to this policy must be approved by the NationalVP of Human Resources and the
National VP of Safety and Risk Management, in writing, and in advance of any such exception(s)
being taken.
AMR Safety and Risk Management
<< Proprietary Materials >>
SRM #I605