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Local 910 Contract

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TABLE OF CONTENTS

Page

Article 1 Preamble & Purpose -------------------------------------------------1

Article 2 Scope & Effect, Conflict with Law --------------------------------- 1

Article 3 Union Recognition ---------------------------------------------------- 2

Article 4 Union Representation ------------------------------------------------ 2

Article 5 Union Activity --------------------------------------------------------- 3

Article 6 Union Business -------------------------------------------------------- 3

Article 7 Union Rights ---------------------------------------------------------- 4

Article 8 Prevailing Rights ------------------------------------------------------ 4

Article 9 Bulletin Board Space ------------------------------------------------- 4

Article 10 Dues Deduction ------------------------------------------------------- 4

Article 11 Management Rights -------------------------------------------------- 6

Article 12 Rules & Regulations ------------------------------------------------- 6

Article 13 Grievance Procedures ------------------------------------------------ 7

Article 14 Individual Rights & Discipline ------------------------------------- 8

Article 15 Probationary Periods ------------------------------------------------- 10

Article 16 Non-Discrimination -------------------------------------------------- 10

Article 17 Work Hours ----------------------------------------------------------- 10

Article 18 Minimum Manning -------------------------------------------------- 11

Article 19 Sanitation, Maintenance, Upkeep ---------------------------------- 11

Article 20 Extreme Weather ----------------------------------------------------- 12

Article 21 Parking ---------------------------------------------------------------- 12

Article 22 Printing & Supplying Agreement ---------------------------------- 12

Article 23 Protective Equipment (Turn-out Gear) ---------------------------- 12

Article 24 Residency ------------------------------------------------------------- 12

Article 25 Personal Reduction --------------------------------------------------- 13

Article 26 Seniority --------------------------------------------------------------- 13

Article 27 Contracting Out ------------------------------------------------------- 13

Article 28 Assignment During Disability (Light Duty) ----------------------- 14

Article 29 Jury Duty -------------------------------------------------------------- 14

Article 30 Court Leave ------------------------------------------------------------14

Article 31 Military Leave --------------------------------------------------------- 14

Article 32 Maternity Leave -------------------------------------------------------15

Article 33 Educational Leave ---------------------------------------------------- 15

Article 34 Bereavement Leave ---------------------------------------------------15

Article 35 Paternity & Adoption ------------------------------------------------- 15

Article 36 Personal Leave --------------------------------------------------------16

Article 37 Sick Leave ------------------------------------------------------------- 16

Article 38 Job Related Medical Leave of Absence --------------------------- 16

Article 39 Vacations -------------------------------------------------------------- 16

Article 40 Holidays & Birthday ------------------------------------------------- 17

TABLE OF CONTENTS

Page

Article 41 Labor Management Meetings --------------------------------------- 18

Article 42 Vacancy & Promotions ---------------------------------------------- 18

Article 43 Shift Exchange -------------------------------------------------------- 19

Article 44 Mileage Allowance -------------------------------------------------- 19

Article 45 Tuition Reimbursement ---------------------------------------------- 19

Article 46 Years of Service Compensation ------------------------------------ 20

Article 47 No Strike No Lockout- Productivity ------------------------------- 20

Article 48 Uniform Allowance -------------------------------------------------- 20

Article 49 Pension & Retirement Plan ----------------------------------------- 21

Article 50 Hospitalization Plan -------------------------------------------------- 22

Article 51 Life Insurance & Payment to an Estate ----------------------------22

Article 52 Longevity -------------------------------------------------------------- 22

Article 53 Call-Out Pay -----------------------------------------------------------23

Article 54 Wages ------------------------------------------------------------------ 23

Article 55 Waiver In Case of Emergency -------------------------------------- 23

Article 56 Appendices & Amendments ---------------------------------------- 24

Article 57 Drug Testing Policy -------------------------------------------------- 24

Article 58 Performance Incentive ----------------------------------------------- 26

Article 59 Duration ---------------------------------------------------------------- 26

Appendix "A" Salary Schedule ------------------------------------------------- 27

Appendix "B" Performance Incentive Requirements ------------------------ 28

Appendix "C" Residency Map, of 9 mile radius ------------------------------ 29

Appendix "D" Hospitalization Plan -------------------------------------------- 30-32

Signature Page ----------------------------------------------------------------------------33

ARTICLE 1

PREAMBLE & PURPOSE

Section 1.1 This agreement, entered into by the City of Cambridge, hereafter referred to as the "Employer," and the Firefighters of Local 910, hereafter referred to as the "Union," has as its purpose the following:

To comply with the requirements of Chapter 4117 of the Ohio Revised Code:

To set forth the full and complete understandings and agreements between the

parties governing the wages, hours, and other conditions of employment for

those employees included in the bargaining unit as defined herein.

ARTICLE 2

SCOPE & EFFECT OF AGREEMENT

CONFLICT WITH LAW & ORDINANCES

Section 2.1 This agreement constitutes the entire agreement between the parties and it supersedes and any all prior and contemporaneous understandings (both written and oral) not specifically incorporated herein. Neither party shall have an obligation to negotiate during the terms of this agreement, except for the purpose of negotiating a successor agreement. There shall be no changes in, deletions from, or additions to this agreement except by voluntary mutual written consent. Neither the Mayor, his designee, or Local 910 will recommend any change, addition, or deletions as to any new or existing Civil Service Rule, Ordinance, or Resolution that would be in conflict with this agreement, unless the party shall give written notice to the Civil Service Commission (in the case of Civil Service Rules), or to the City Council (in the event of Ordinances and Resolutions). Where this agreement makes no specification about a matter, the Employer and Union shall be subject to all applicable State and local laws or ordinances pertaining to wages, hours, terms, and other conditions of employment for said employees.

Section 2.2 This agreement is subject to all applicable Federal and State Laws, City Ordinances and Resolutions, Civil Service Regulations, including Civil Rights, Affirmative Action, Unemployment Compensation, Firemen Pension Fund, and Workers Compensation, and shall be interpreted wherever possible so as to comply fully with such laws, provisions, or an official decision interpreting them. However, this section shall not be interpreted as restricting the parties in negotiations where they have exceeded the benefits established by law. Nor does it establish, except for those areas outlined, above, the minimum requirements to be established by law.

Section 2.3 If, during the life of this agreement, any of the provisions contained herein are held to be invalid by operation of laws or by any tribunal competent jurisdiction, the remainder of the agreement shall not be effected. In the event any provision herein is so rendered invalid, upon written request of either party, the Employer and the Union will meet promptly and attempt to negotiate a mutually satisfactory replacement for such provision.

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ARTICLE 3

UNION RECOGNITION

Section 3.1 The Employer recognized the Union as the sole and exclusive representative for those employees included in the bargaining unit. Whenever used in this agreement, the term "bargaining unit" shall be deemed to include those individuals employed by the Employer in the classifications listed.

Section 3.2 All positions and classifications not specifically established herein as being included in the bargaining unit, listed as follows: Assistant Chiefs, Captains, Engineers, Firefighters, and Inspectors, as certified by SERB (November 22, 1985; Case Number 85-RC-08-4118) shall be excluded from the bargaining unit.

 

Section 3.3 Notwithstanding the provisions of the Article, management, confidential (professional), fiduciary, as per ORC 124.11, supervisory, casual, seasonal, as determined by SERB, and students whose primary purpose is education or training or who work as part-time employees less than 50 percent of the normal year shall be excluded from the bargaining unit, does not exclude the creation of a Firemen’s Auxiliary. Should the Employer create a new position, or reclassify a position presently in the bargaining unit, the Employer shall meet with the Union to discuss the inclusion of the new position in the bargaining unit, subject to the restrictions outlines above.

Section 3.4 Current members of the bargaining unit and any eligible employee who becomes a member of the bargaining unit during the term of this agreement and voluntarily signs a written authorization for payroll deduction of union dues, shall continue dues deductions pursuant to "Article 10" herein until the window period that exists between the 120th and 90th day prior to the expiration of this agreement at which time he/she may withdraw his/her membership in the union by stating his/her intention in writing to the appropriate regional business office of the IAFF, and the Cambridge City Auditor. Upon receipt of such notice by the City Auditor, the payroll deduction for union dues for that employee shall stop.

ARTICLE 4

UNION REPRESENTATION

Section 4.1 The Employer agrees to admit not more than two (2) Union staff representatives to the Employer’s facilities during the Employers normal office business hours, Monday through Friday.

Section 4.2 The staff representative(s) shall be admitted to the Employer’s facilities and sites, for the purpose of processing grievances or attending meeting as permitted herein, providing twenty-four (24) hours advance notice is given by the Employer. Upon arrival, Union staff representative shall identify himself to the Employer’s designated representative.

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Section 4.3 The Employer shall recognize one (1) employee in the department to act as Union Stewart for the purpose of processing grievances in accordance with the Grievance Procedure. Stewart’s shall be recognized as representatives, as provided herein, for the department in which they are employed.

Section 4.4 The Union shall provide to the Employer an official roster of its officers and Local Union Stewart, or alternate, that is to be current at all times and shall include the following:

1. Name 4. Immediate Supervisor

2. Address 5. Union Office Held

3. Home Telephone Number

Section 4.5 No employee shall be recognized by the Employer as a Union representative until the Union has presented the Employer with written certification of that persons selection.

Section 4.6 The investigation and writing of grievances shall not interfere with the normal operation of the Fire Department.

Section 4.7 If grievance hearings are scheduled during an employee’s regular duty hours, the employee shall not suffer any loss of pay while attending the hearing.

Section 4.8 Rules governing the activity of Union representatives are as follows:

The Union agrees that no official of the Union, employee or non employee, shall interfere, interrupt, or disrupt the normal work duties of the employees.

The Union shall not conduct union activities in any work areas without notifying the supervisor in charge of that area, of the nature of the union activity.

The Union employee official (President, Vice-President, or Steward) shall cease union activities immediately, upon request of the employee’s immediate supervisor.

A Union employee official abusing the rules of this section is subject to disciplinary action.

ARTICLE 5

UNION ACTIVITY

Section 5.1 There will be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of or membership in the Union.

ARTICLE 6

UNION BUSINESS

Section 6.1 Employees elected or appointed to represent the Union shall be granted time

to perform their Union functions including, but not limited to, attendance at regular and special meetings, conventions, seminars, conferences, and activities related to grievance procedures, without loss of pay , providing there is no interruption of normal operations as determined by the Fire Department Chief, or with no cost to the City.

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ARTICLE 7

UNION RIGHTS

Section 7.1 Delegates and alternates appointed or elected by the Union’s membership, not to exceed two (2) in number off duty at any one time, shall be granted time off with pay in order to perform their functions at one (1) convention per year, two (2) conferences per year and/or contract negotiations between the Employer and the Union. Providing there are no interruptions of normal operations of the department, as determined by the Fire Department Chief, or with no cost to the City.

Section 7.2 Attendance at conventions shall be limited to a maximum of two (2) tours of duty per person. Attendance at conferences shall be limited to a maximum of one (1) tour of duty per person.

ARTICLE 8

PREVAILING RIGHTS

Section 8.1 All rights, privileges, and working conditions enjoyed by the employees at the signing of this contact, which are not included in this agreement, shall remain in full force unchanged and unaffected in any manner, during the term of this agreement, unless changed by mutual consent.

ARTICLE 9

BULLETIN BOARD SPACE

Section 9.1 The Employer shall provide six (6) square feet of space on bulletin boards for the use of the Union in the Firehouse at convenient locations accessible to employees.

Section 9.2 It is understood that no materials may be posted on the Union bulletin boards at any time that contain the following:

Personal attacks upon any other member or any other employee.

Scandalous, scurrilous, or derogatory attacks upon the administration.

Attacks on any other employee organizations.

Attacks on and/or favorable comments regarding a candidate for public service.

Section 9.3 It is understood that the Union bulletin board will be the board at the end of the hallway in front of the bunkroom.

ARTICLE 10

DUES DEDUCTION

Section 10.1 The Employer agrees to deduct union membership dues in accordance with this Article for all employees eligible in the bargaining unit upon successful completion of their individual probationary periods.

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Section 10.2 The Employer agrees to deduct regular union membership dues once each month from the pay of any employee in the bargaining unit eligible for such deduction upon receiving written authorization signed individually and voluntarily by the employee. Upon receipt of the proper authorization, the Employer will deduct union dues from the payroll check for the next pay period in which the authorization was received by the Employer.

Section 10.3 The parties agree that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of the Article regarding the deduction of union dues. The Union hereby agrees it will indemnify and hold the Employer harmless from any claims, actions, or proceedings by any employee arising from deductions made by the Employer pursuant to this Article. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

Section 10.4 The Employer shall be relieved from making such individual "check-off" deductions upon the employee’s:

Termination of employment.

Transfer to a job other than one covered by the bargaining unit.

Layoff from work.

An unpaid leave of absence.

Written revocation of the "check-off" authorization.

Resignation by the employee from the Union.

Section 10.5 The Employer shall not be obligated to make dues deductions from any employee who, during any dues months involved, shall have failed to receive sufficient wages to make all legally required deduction in addition to the deduction of union dues.

Section 10.6 The parties agree that neither the employees nor the Union shall have a claim against the Employer for errors in the processing of deductions, unless a claim of error is made to the Employer in writing within sixty (60) days after the date such error is claimed to have occurred. If it is found an error was made, it will be corrected at the next pay period that the union dues deduction would normally be made by deducting the proper amount.

Section 10.7 The rate at which dues are to be deducted shall be certified to the payroll clerk by the Treasurer of the Union during January of each year. One (1) month advance notice must be given the payroll clerk prior to making any changes in an individual’s dues deductions.

Section 10.8 Except as otherwise provided herein, each eligible employee’s written authorization for dues deduction shall be honored by the Employer for the duration of this agreement.

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ARTICLE 11

MANAGEMENT RIGHTS

Section 11.1 Except as otherwise stated in this agreement, it shall be the right of management to administer the business of the City of Cambridge and in addition to other functions and responsibilities that are required by law, the Union recognizes that the Employer has and will retain the full right and responsibility to, direct the operations of the department, to promulgate rules and regulations, and to otherwise exercise the prerogatives of management, which more particularly include, but are not limited to, the following, which are not modified by the express terms of this agreement:

To manage and direct its employees, including the right to select, hire, promote, transfer, assign, evaluate, layoff, recall, reprimand, suspend, discharge, or discipline for just cause, to maintain order among employees.

To manage and determine the location, type and number of physical facilities, equipment, and programs.

To determine the department’s goals, objectives, programs, services, to utilize personnel in the manner designed to effectively meet their purposes.

To determine the size and composition of the work force in the Employer’s organizational structure, including the right to relieve employees from duty due to lack of funds.

To determine when a job vacancy exists, the duties to be included in all job classifications, and the standards of quality and performance to be maintained, in accordance with Ohio Revised Code 737.11.

To determine the necessity to schedule overtime and the amount required thereof.

To maintain the security of records and other important information.

To determine the overall budget.

To maintain and improve the efficiency and effectiveness of the Employer’s operation.

To determine and implement necessary actions on emergency situations, (i.e., constitutes loss of life or property).

Section 11.2 The Union recognizes and accepts that all rights and responsibilities of the Employer not specifically modified by the agreement or ensuing agreements shall remain the exclusive function of the Employer.

ARTICLE 12

RULES & REGULATIONS

Section 12.1 The Union recognizes that the Employer, in order to carry out its statutory mandates and goals, has the right to promulgate work rules, regulations, policies, and procedures consistent with the Employer’s statutory authority to regulate the personal conduct of the employees, and the contents of the Employer services and programs.

Section 12.2 The Employer recognizes that no work rules, regulations, policies, or procedures shall be established that are in violation of any expressed terms of this agreement.

 

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Section 12.3 The City agrees that a current copy of the Cambridge Fire Department, "Rules and Regulations," and "Policies and Procedures" shall be provided to each current member of the bargaining unit and for all newly hired employees.

Section 12.4 Every effort will be made to apply work rules, policies, and directives uniformly and mitigating circumstances may be considered.

Section 12.5 As of the date of the signing of the contract, the current policies that are in effect will remain in effect and if any changes are promulgated they will be implemented through Labor Management Meetings.

ARTICLE 13

GRIEVANCE PROCEDURE

Section 13.1 Grievances or disputes that arise, including the interpretation of this agreement, shall be settled in the following manner:

Step 1 The employee concerned may, in the presence of a representative of the Union, submit a

grievance in writing within ten (10) calendar days that the occurrence became known to

the employee’s Assistant Chief. The Assistant Chief shall attempt to adjust the grievance

at that time and shall render a written decision within ten (10) calendar days. The

grievance form will cite the article of contention, (i.e., the specific Article of the contract, Ohio Revised Code, Fair Labor Standards Act, etc.) The grievance form will be

duplicated at the time of filing, one (1) copy shall remain with the Employer, the second

will be returned to the employee.

Step 2 If the grievance is not settled in Step I, the grievance shall be submitted to the Fire Chief

within ten (10) calendar days, who shall render a written decision with ten (10) calendar

days after receipt of the grievance.

Step 3 If the grievance is not settled in Step II, the grievance shall be submitted within ten (10)

calendar days to the Service/Safety Director who shall render a written decision within

ten (10) calendar days after receipt of the grievance.

Step 4 If the grievance is not settled in Step III, the grievance shall be submitted to arbitration by

either of the parties upon notice to the other party.

Step5 An impartial arbitrator shall be selected by the parties from a panel supplied by the

Federal Mediation Consolation Services in accordance with its rules and regulations. The

arbitrator’s expenses and compensation shall be borne equally by both parties. The

arbitration proceeding shall be conducted in accordance with the rules and regulations of

the Federal Mediation Consolation Services. The decision of the arbitrator shall be final and binding upon the parties.

Section 13.2 If the employer does not respond within the prescribed time limits, the grievance shall be settled in favor of the grievant. Any grievance not advanced to the next step by the grievant or the Union, within the time limits in that step, shall be deemed resolved by the Employers last response.

 

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ARTICLE 14

INDIVIDUAL RIGHTS & DISCIPLINE

Section 14.1 Personnel Files: Every employee shall be allowed to review the contents of their personnel file within a reasonable time. If someone other than the employee reviews the file, the bargaining unit member shall be notified by the City of the review within a reasonable time. The employee shall have access to all materials in the file, unless otherwise provided by law, during regular duty hours, provided that the custodian of the file may be present while the employee reviews the file. Memoranda clarifying and explaining alleged inaccuracies of any document in his file may be added to the file by the respective employee. The City is not prohibited from complying with a subpoena or with a request for document production by a government agency or party litigant. There shall be one (1) official personnel file for each member of the bargaining unity. The file be kept at City Hall. The City shall keep personnel files secure and shall have a procedure for their orderly review. Personnel information that is privileged by law shall not be released.

Section 14.2 Performance Evaluations: Signatures of employees shall be required on performance evaluations and such signatures will only mean the employee has read the evaluation. No subsequent evaluation comments shall be made on record copies once signed by the employee. Refusal to sign the evaluation shall be witnessed by the immediate Senior Officer. Performance evaluations shall not be used by the City in determining promotions of bargaining unit employees.

Section 14.3 Suspension, Discharge, & Other Discipline: In cases involving an allegation, made by a law enforcement official, that the employee committed a crime, the Employer shall have the right to immediately suspend the employee, with full pay, pending a full investigation of the charges. Confidential law enforcement investigatory records shall be protected by Ohio law. Suspension and discharge shall be governed exclusively by City Polices and Procedures, Civil Service laws, rules and regulations consistent therewith. Within seventy-two (72) hours prior to a hearing, the employee shall be given a written and signed notice, advising him of his right to representation and advising him of the charge against him with sufficient specificity to enable him to prepare a defense, consistent with the minimum requirements of due process of law. "Just Cause," as defined in Labor Law, must first be shown in regard to suspension, discipline, or discharge.

Section 14.4 Time Limit To File: Any complaints of violation of rules and regulation or of improper conduct that could not result in criminal charge shall be filed by the complainant within fourteen (14) days of the date that the Fire Chief becomes aware or should reasonably have become aware, of the alleged occurrence. Any complaints filed after the fourteen (14) day time limit shall be considered unfounded and the complaint shall be so advised. Notification to the bargaining unit member within fourteen (14) days that an investigation is being conducted shall be sufficient to comply with this section. Any complaint against a bargaining unit member shall be addressed in writing.

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Section 14.5 Right To Representation: When a supervisor schedules a Firefighter for a hearing for the purpose of determining whether or not he has committed an infraction that is likely to result in disciplinary action of record (written reprimand, suspension, or dismissal), the supervisor will advise the Firefighter of his right to request that a representative of the Union be present. Unless the employee waives this right to representation, the employee shall obtain a representative as promptly as possible and will be given a reasonable time to do so before the hearing is commenced. For the purpose of this paragraph a "hearing" is a meeting between a Firefighter and a supervisor at a prescribed time and place after the alleged occurrence of the offense.

Section 14.6 Investigations: Excluding matter involving criminal investigations, any member who is charged with violating the department rules and regulations will be provided access to transcripts, records, written statements, and tapes pertinent to the case. The information shall be provided within a reasonable time to allow the member and/or Local 910 to conduct an independent investigation in the matter. All members of the department shall be obligated to cooperate in the investigation conducted by the Employer and/or Local 910 and shall not be subjected to administration/union pressure not to cooperate in the investigation. Either party has the right to take notes during an interview. If the interview is taped and a transcript is made by the Employer, the member will be provided a copy of such transcript upon request directly to the Employer.

Section 14.7 Use of Polygraph: No polygraph shall be given for any reason.

Section 14.8 Disciplinary Action Through Grievance: Disciplinary action may be through the grievance procedure.

Section 14.9 Progressive Discipline: The principles of progressive disciplinary action shall be consistent with the City Administrations "Disciplinary Policy" that will be developed with input of the Local 910 members.

Section 14.10 Duration of Records: All actions of record except oral reprimands, but including written reprimands or suspensions, may be maintained in each member’s personnel file throughout their period of employment, with the exception, that records of suspension shall be removed from the employee’s personnel file and shall cease to have force and effect or be considered in future disciplinary matters twenty-four (24) months after their effective date, provided there are no intervening disciplinary actions taken during that time period. Written reprimands shall be removed from the employee’s personnel file and shall cease to have force and effect or be considered in future disciplinary matters twenty-four (24) months after their effective date, provided there are no intervening disciplinary actions taken during that time period. In any case in which a written reprimand, suspension, or dismissal is overturned on appeal or otherwise rendered invalid, all documents related thereto will be removed from the personnel file of the member and shall be maintained, removed or destroyed according to relevant Ohio law.

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ARTICLE 15

PROBATIONARY PERIODS

Section 15.1 Every newly hired employee will be required to successfully complete a probationary period. The probationary period of new employees shall begin on the first day for which the employee receives compensation from the Employer and shall continue for a period of twelve (12) months. A newly hired probationary employee may be terminated any time during his probationary period and shall have no appeal over such removal.

Section 15.2 A newly promoted employee will be required to successfully complete a probationary period beginning the effective date of the promotion and shall continue for a period of six (6) months thereafter. A newly promoted employee who evidences unsatisfactory performances may be returned to his former position at the end of his probationary period.

ARTICLE 16

NON-DICRIMINATION

Section 16.1 Neither the Employer nor the Union shall discriminate against any bargaining unit employee on the basis of age, sex, race, color, creed, or national origin. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement.

Section 16.2 Where there is an alleged violation of the provision of this Article that qualifies for appeal under the rules of the Equal Opportunity Commission of the Ohio Civil Rights Commission, such matters shall not be appealable through the grievance procedure contained in this agreement. The Employer, and employee, and their representative however, may meet in an effort to resolve the alleged violation, prior to the appeal to any outside organization.

Section 16.3 All references to employees in this agreement designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees.

ARTICLE 17

WORK HOURS

Section 17.1 Fire Suppression personnel shall work a three (3) platoon, twenty-four (24) hour tour of duty, followed by two (2) days (48 hours) off duty, for an average of a fifty-six (56) hour work week, except in the case of emergency during (regular, intermediate, and extended) call-outs.

Section 17.2 The twenty-four (24) hour tour of duty shall commence at 0700 hours and continue through to 0700 hours on the following day, and shall constitute one (1) work day.

Section 17.3 Fire Prevention (Inspector) personnel shall work an eight (8) hour shift and a forty (40) hour work week under the direction of the Fire Chief/Designee.

Section 17.4 No duties or chores, other that normal daily routines, will be scheduled on Saturdays, Sundays, and Holidays.

 

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ARTICLE 18

MINIMUM MANNING

Section 18.1 Sufficient personnel shall be maintained on duty and available for response to alarms. Sufficient firefighting personnel shall be available to provide a minimum of five (5) career fire department members; of which at least one (1) will be an officer (Assistant Chief or Captain).

Section 18.2 If sufficient personnel are not available to meet manning requirements, fire personnel shall be retained or called in.

Section 18.3 Call-outs will be made to meet the requirements of this Article by the Officer-In-Charge or his designee.

Section 18.4 Total manpower at the Cambridge Fire Department shall be maintained at a minimum of twenty (20) full time professional firefighters. Anytime manpower falls below this level, steps will commence immediately to promote and hire, in order to return manpower to the above stated level.

Section 18.5 Ranks within the Cambridge Fire Department will be as follows:

Chief ------------------------------------------------ 1

Assistant Chief ------------------------------------ 3

Captains -------------------------------------------- 3

Engineers ------------------------------------------ 6

Firefighters ---------------------------------------- 6

Inspectors (Firefighter/Engineer/Captain) ---- 1

The City will establish the following three (3) tiered classification for the Firefighter/Inspector position:

Firefighter/Inspector (Level 1)

Engineer/Inspector (Level 2)

Captain/Inspector (Level 3)

Promotional requirements for each level will be established by the City through the Civil Service Commission. Wages and rates for each level will be negotiated by the City, with the Union. It is understood that during the life of this contact Local 910, the City, and the Civil Service Commission will mutually work out all details of these positions involving promotions, testing, transferring, etc., but the final decision on filing a vacancy in this position shall be determined by management.

ARTICLE 19

SANITATION, MAINTENANCE, UPKEEP

Section 19.1 The Employer agrees to supply and make available all the materials required in the day-to-day maintenance and upkeep of the Fire Station and quarters.

 

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ARTICLE 20

EXTREME WEATHER

Section 20.1 Employees will not be required to do non-emergency duties outdoors when elements are of extreme conditions, (i.e., hosing down the lot in below freezing weather, operating the ladder/tower in unsafe conditions, such as high winds).

ARTICLE 21

PARKING

Section 21.1 The Employer shall provide adequate parking spaces adjacent to the Fire Department facilities, stations, and work sites.

ARTICLE 22

PRINTING & SUPPLING AGREEMENT

Section 22.1 This agreement and any future agreements shall be printed and supplied to each member of the negotiating team by the Employer within thirty (30) working days at no cost to the employee.

ARTICLE 23

PROTECTIVE EQUIPMENT

(Turn-Out Gear)

Section 23.1 Each member will be equipped with their own personal protective equipment. This equipment is to be purchased by the Employer and provided to each member at no cost.

Section 23.2 The protective equipment shall include: helmet, coats, boots, hood, and pants. All protective equipment shall meet state minimum standards. This equipment shall be inspected annually and replaced when unserviceable as determined by the Fire Chief or the immediate supervisor. Any equipment lost, damaged, or destroyed that is determined by the immediate supervisor, Fire Chief, or Service/Safety Director to be due to the employee’s own negligence could result in the employee paying for the equipment.

ARTICLE 24

RESIDENCY

Section 24.1 All members of the Cambridge Fire Department shall live within Cambridge Township, the townships immediately adjoining Cambridge Township (see; Section 24.2), or within a nine (9) mile radius of the Cambridge Fire Department.

(See Appendix "C" page 29, for of 9 mile radius.)

Section 24.2 The Townships of residency are as follows:

Cambridge, Adams, Center, Jackson, Jefferson, Knox, Liberty, and Westland.

 

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ARTICLE 25

PERSONNEL REDUCTION

Section 25.1 In the case of personnel reduction the employees with the least seniority shall be laid-off first. Employees shall be recalled in the order of their seniority. Time in the Fire Department shall constitute total seniority. No new employee shall be hired in Local 910 until all laid-off employees have been given ample opportunity to return to work.

Section 25.2 Employees who are eligible for recall shall be given fifteen (15) days notice of recall and notice of recall shall be sent to the employee by certified or registered mail at the employee’s last known address, with a copy to the Union. The employee must notify the Employer of his intention to return to work within three (3) days of the receipt of the notice of recall. It is the responsibility of the employee to notify the Employer of any change in his mailing address.

ARTICLE 26

SENORITY

Section 26.1 Seniority shall be determined by continuous service in the Fire Department calculated from the date of employment. Continuous service may be broken only resignation, discharge, or retirement. Employees with the same employment date shall be assigned to the seniority list in order of their eligible ranking on the Civil Service Eligibility List. A termination of employment lasting less than thirty-one (31) days shall not constitute a break in continuous service. Once continuous service is broken, unless the employee is reinstated, the employee loses all previously accumulated seniority.

Section 26.2 An approved leave of absence does not constitute a break in continuous service provided the employee follows the proper procedure, as determined by the Service/Safety Director upon recommendation from the Fire Chief, for such leave, and returns to active service immediately following the expiration of the approved leave.

Section 26.3 Employees laid-off shall retain their seniority.

ARTICLE 27

CONTRACTING OUT

Section 27.1 Bargaining unit employees shall be offered the first opportunity to do bargaining unit work in overtime situations. No employee outside the bargaining unit shall perform bargaining unit work that causes the reduction of hours or lay-off of bargaining unit members.

Section 27.2 Mutual Aid agreements are permissible.

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ARTICLE 28

ASSIGNMENT DURING DISABILITY

(Light Duty)

Section 28. 1 If an employee is determined by a physician to be able to serve light or limited duty, he shall be allowed to return to work under conditions set by the physician and agreed upon by the employer. Dispatch/Clerical duties shall be the predominant light duty position for all members of the Fire Department. Preference shall be given, but not limited to employees injured on duty and they shall continue to receive all compensation and fringe benefits agreed to in this contract. Assignments to light duty shall be at the discretion of the employer, but shall not be unreasonably withheld.

ARTICLE 29

JURY DUTY

Section 29.1 An employee required to be available for jury selection or service shall receive his regular daily wage for each day that would have been worked but for such jury participation. Any compensation received for jury duty shall be turned over to the Auditor’s Office within (2) working days.

Section 29.2 The employee shall immediately return to work upon completion of their jury duty and notify the duty officer of his/her availability.

ARTICLE 30

COURT LEAVE

Section 30.1 The Employer shall grant leave with pay to any employee for the period of time he is required to appear before a Court, Judge, Justice, Magistrate, or Coroner as a plaintiff, defendant, or witness, if City related.

ARTICLE 31

MILITARY LEAVE

Section 31.1 Any employee who is a member of a Reserve Force of the United States or the Ohio National Guard, who is ordered to active duty by the appropriate authority, shall be granted military leave as provided by the Ohio Revised Code.

Section 31.2 Such leave shall not reduce the employee’s seniority status, sick leave, or other benefits.

Section 31.3 Verification of attendance must be provided by employee if requested.

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ARTICLE 32

MATERNITY LEAVE

Section 32.1 An employee shall be entitled to an unpaid leave of absence for maternity purposes. The employee should make application for such leave at least (4) months before the anticipated delivery as indicated by the certificate of the physician. The maternity leave shall be for not more than six (6) months. The leave shall commence as recommended by certificate of the employee’s physician. Upon returning, the employee shall be returned to their same or similar classification. Upon returning to work, the employee must present a certificate from her physician that she is able to return to work. The Employer shall continue the insurance coverage for a maximum of six (6) weeks. Employees who are pregnant may continue to work; however, if the Fire Chief or his designee has good cause to believe that the employee’s pregnancy is inhibiting the normal and adequate performance of her duties, he may require that the employee begin sick leave, vacation leave, or maternity leave at an earlier date than that selected by the employee.

Section 32.2 The Family Medical Leave Act (FMLA) standards will be adhered to.

ARTICLE 33

EDUCATIONAL LEAVE

Section 33.1 Employees shall be granted leave with pay for educational purposes to attend conferences, seminars, briefing sessions, or other functions of a similar nature that is intended to improve, maintain, or upgrade the individual’s certifications, skills, and professional ability, if City related and approved by the Fire Chief and/or Service/Safety Director.

ARTICLE 34

BEREAVEMENT

Section 34.1 Fire Suppression personnel working a twenty-four (24) hour tour of duty shall be granted two (2) working days of Bereavement Leave, Fire Prevention personnel working an eight (8) hour work day shall be granted three (3) days of Bereavement Leave, for the death of a member in the employee’s immediate family. The immediate family shall be defined as:

Spouse, son, daughter, step child, parents, parents of spouse, brother, sister, grandparents, grandparents of spouse, son-in law, daughter-in-law, and legal guardian.

Bereavement Leave is not to be deducted from an employee’s sick leave accrual, however, additional leave, chargeable to sick leave may be granted upon request by the Fire Chief, his designee, or Service/Safety Director.

ARTICLE 35

PATERNITY & ADOPTION

Section 35.1 Special leave (paternity and adoption) shall be granted to employees, not to exceed two (2) days. Such leave shall not be deducted from the employee’s accrued sick leave. Additional leave may be granted upon request and is to be deducted from the employee’s accumulated sick leave.

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ARTICLE 36

PERSONAL LEAVE

Section 36.1 Each bargaining unit member shall be permitted three (3) Personal Days. The three (3) Personal Days (#1, #2, and #3) are unrestricted and are not deductible from employee’s accumulated sick leave. Prior notice of thirty (30) minutes or more, prior to the start of a members tour of duty shall be provided to the shift officer.

ARTICLE 37

SICK LEAVE

Section 37.1 Sick leave shall be accumulated at 14 hours per pay period for Fire department employees working 24 hour crew shifts.

Section 37.2 For employees working the standard eight (8) hour day, forty (40) hour work week,

each completed eighty (80) hours in active pay status the employee earns 4.6 hours of sick leave. Active pay status may be defined as, hours worked, hours on vacation, hours of holiday leave, and hours on paid sick leave.

Section 37.3 The amount of sick leave time any one employee may accrue is unlimited.

ARTICLE 38

JOB RELATED MEDICAL LEAVE OF ABSENCE

Section 38.1 Job related leave may be granted for five (5) working days upon approval of the Service/Safety Director, at which time Workers Compensation may start. This time will not be deducted from sick time.

Section 38.2 When inactive pay status is determined all deductions and contributions of the City shall cease.

Section 38.3 The employee may, at that time, choose to assume the full cost of the insurance coverage, if extended leave of absence is granted by the City.

Section 38.4 If any employee is on Workers Compensation, he may continue to contribute the employee’s share of the insurance cost for a period of eighteen (18) months.

ARTICLE 39

VACATIONS

Section 39.1 Vacation time will be as follows:

1 year ---------- 2 weeks

5 years --------- 3 weeks

10 years --------- 4 weeks

18 years --------- 5 weeks

 

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Section 39.2 Vacations will be scheduled so that no more than one (1) man per shift is on vacation at any one time.

Section 39.3 Vacation requests must be submitted no later than March 1st of each year and shall be scheduled based on seniority. Requests received after the March 1st deadline shall be scheduled on a first come, first serve basis.

Section 39.4 One (1) week of vacation time may be taken one (1) day at a time. When a vacation is taken in this manner, three (3) work days will constitute one (1) week.

Section 39.5 "Vacation weeks" will take precedence over "vacation days" on the vacation schedule.

Section 39.6 Employee’s scheduled to receive a vacation increase shall be allowed to schedule their vacation between January 1st and December 31st in the year of their vacation increase. This provision exempts first year employees who must complete one year of service before they are eligible for two (2) weeks vacation. An employee that uses un-accrued vacation time shall reimburse the City at the time of departure.

 

ARTICLE 40

HOLIDAYS & BIRTHDAY

Section 40.1 Holidays: Holidays will be as follows:

New Years Day Labor Day

Martin Luther King Day Columbus Day

Presidents Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Section 40.2 The Above mentioned holidays shall be paid for all employees. Any employee required to work on a holiday shall receive "time and one-half" for all hours in addition to holiday pay.

Section 40.3 All employees scheduled off on the holiday shall receive "holiday pay" of eight (8) hours straight time at their respective rates.

Section 40.4 Birthday: Each member shall have their birthday off with pay. Birthdays shall be used within the calendar year, and may be used as a floating day, with prior notice given to the Fire Chief or Crew Supervisor. All employees that use an un-accrued birthday shall reimburse the City at the time of departure.

 

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ARTICLE 41

LABOR MANAGEMENT MEETING

Section 41.1 Labor Management (L/M) Meetings for important matters will be arranged between the Local President and the Employer upon request of either party. Such meetings shall be between no more than five (5) representatives of the Employer and no more than five (5) representatives of the Union, unless agreed upon by mutual consent. Arrangements for such L/M Meetings shall be made in advance and an agenda of the matters to be taken up at the meeting shall be presented one (1) week in advance of the meeting. Matters taken up in L/M Meetings shall be confined to those included on the agenda. The members of the Union shall not lose time or straight time pay for time present on such L/M Meetings. This meeting may be attended by a representative of the International Union.

Section 41.2 A regular quarterly meeting will be held between the Employer and Union representatives to discuss matters of mutual concern. A yearly list of dates and times of these quarterly L/M Meetings will be sent to the Union President at the beginning of each year. In the event neither party has submitted an agenda item for discussion, the L/M Meeting would be automatically canceled. Emergency meeting may be called at any time, and such meetings shall be convened within seventy-two (72) hours after such notice is given the parties.

Section 41.3 The purpose of Labor/Management Meetings shall be to:

Discuss the administration of the agreement.

Notify the Union of changes made by the Employer that affected the bargaining unit employee.

Discuss grievances that have not been processed beyond the final step of the grievance procedure, when such discussions are mutually agreed to in advance by the parties.

Disseminate general information of interest to the parties.

Discuss ways to improve productivity and efficiency.

Consider and discuss health and safety matters related to employees.

Other matters of mutual concern.

Section 41.4 Employee Union representatives shall be released from their assigned duties to attend Labor/Management Meetings.

Section 41.5 Labor/Management Meetings are not intended to be negotiation sessions to alter or amend the basic agreement.

ARTICLE 42

VACANCY & PROMOTIONS

Section 42.1 The parties agree that all appointments to positions covered by this agreement, other than the original appointments from the eligibility list, shall be filled in accordance with this Article.

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Section 42.2 Whenever the City determines that a permanent vacancy exists, such vacancy shall be filled from a current Civil Service Commission eligibility list, complied from a competitive examination, provided by the Civil Service Commission. A notice of such vacancy shall be posted on the Civil Service Commission bulletin board for five (5) days. During the posting period, anyone wishing to apply for the vacant position shall do so by submitting a written application to the Civil Service Commission. The Civil Service Commission shall not be obligated to consider any application submitted after the posting date or any applicants who do not meet the minimum qualifications for the job.

Section 42.3 Nothing in this article shall be considered to limit or prevent the City’s determination to fill the vacancy on a permanent basis.

Section 42.4 The Ohio Fire Chief’s Testing Company will be the testing agency used for all promotional exams, with the exception of the promotion to Fire Chief. For the Fire Chief’s position the Ohio Fire Chief’s may be used, but at the City’s discretion. It is further agreed that in the event that the Ohio Fire Chief’s Testing Company cannot perform the required promotional exams, for whatever reason, another testing company may be used upon mutual agreement between the City and the Union.

Section 42.5 Whenever an employee is transferred to another crew because of vacancy, temporary promotion, probationary promotion, or crew change directed by management, with the exception of employees requesting transfers, then the employee transferring, if receiving two (2) short pay periods in a row, (96) hour two week pay period) shall be offered the opportunity to work an extended (12 hour) call-out during the interim period as determined by the Fire Chief. This call-out is not mandatory, the employee may elect to take the time off and just work their regularly scheduled work times.

ARTICLE 43

SHIFT EXCHANGE

Section 43.1 Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, and with the approval of their Supervisor.

ARTICLE 44

MILEAGE ALLOWANCE

Section 44.1 Employees required to use their private vehicles for Fire Department business or Fire schooling, shall be compensated at a rate consistent with all departments city wide.

ARTICLE 45

TUTION REIMBURSEMENT

Section 45.1 The Employer will reimburse all employees for any cost incurred for books, fees, and tuition, upon successful completion of courses related to the Fire Service area, and for all courses necessary to complete degrees in the Fire Service area, as approved by the Service/Safety Director.

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ARTICLE 46

YEARS OF SERVICE COMPENSATION

Section 46.1 Any employee who retires or is laid-off after five (5) years of service, is eligible to receive his accumulated sick time, not to exceed sixty (60) eight (8) hour days, and all vacation time earned.

Section 46.2 Any employee who retires or is laid-off after ten (10) years service, is eligible to receive 10% of all sick time in excess of 960 hours.

ARTICLE 47

NO STRIKE NO LOCKOUT-PRODUCTIVITY

Section 47.1 The Union agrees that neither it, its officers, agents, representatives, nor members will authorize, instigate, cause, aid, condone, or participate in any strike, sympathy strike, work stoppage, or any other concerned activities that interrupt the operations or services of the Employer by its members during the life of this agreement.

Section 47.2 The Employer agrees that neither it, its officers, agents, nor representatives, individually or collectively, will authorize, instigate, cause, aid or condone any lockout of members of the Union.

Section 47.3 The Union shall undertake every reasonable means to induce bargaining unit members to return to their jobs during any such period of unauthorized stoppage of work mentioned above.

Section 47.4 The Employer and the Union agree to cooperate to best secure, for the citizens of Cambridge and Cambridge Township, the maximum productivity in fire suppression, fire inspections, fire safety, and fire prevention.

ARTICLE 48

UNIFORM ALLOWANCE

Section 48.1 All uniforms including, badges, patches, regalia, etc., required of employees in the performance of their duties shall be furnished, without cost, to the employee, by the Employer and maintained in good safe condition.

Section 48.2 Each member of the Fire Department shall receive as clothing allowance as follows:

Probationary Firefighter $350.00 per man/per year

2nd Year Firefighter $400.00 per man/per year

Permanent Firefighter $350.00 per man/per year

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Section 48.3 The following shall be approved uniform clothing:

uniform slacks uniform jackets uniform caps (ball cap in summer)

uniform coats T-shirts shirts (long &short sleeve)

shorts belts uniform ties

sweat shirts coveralls shoes or boots (black)

socks long underwear

For the purpose of definition and clarification of the previous stated item "uniform slacks," the following shall apply:

"Uniform slacks" shall be interpreted as trousers, work pants, dungarees, denim work pants, etc. These items need only be approved by the listing of the Fire Chief.

Section 48.4 Any other work related item(s) of uniform and/or personal equipment shall be included on the clothing allotment. These items must be work related and voluntarily purchased, on recommendation of the Fire Chief and approved by the Service/Safety Director or Mayor prior to the purchase.

Section 48.5 The Departmental policy adopted at the signing of this agreement regarding uniform standards, will be adhered to as part of this agreement, as outlined in that policy. Any changes in the uniform standards, (i.e., style, type, etc.,) shall be the financial responsibility of the Employer, if such changes constitute a financial burden to the employee due to insufficient notification of said changes.

Section 48.6 All newly hired employees are required to purchase, with their uniform allowance, their Class "A" uniform (Jacket, slacks, and Bell Cap) before the end of their second year of employment.

ARTICLE 49

PENSION & RETIREMENT PLAN

Section 49.1 The current pension and retirement plan will be sustained, in accordance with Ohio Revised Code 742.

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ARTICLE 50

HOSPITALIZATION PLAN

Section 50.1 The areas of coverage will be as follows:

Hospitalization Major Medical Dental

Surgical Medical Expense

Section 50.2 Beginning June 1st 2004 and continuing throughout the term of this agreement, each employee shall contribute the following amounts monthly: Single Plan -------------------- $50.00

Employee & Spouse --------- $80.00

Employee with Children ---- $110.00

Family Plan ------------------- $140.00

(See appendix "D" Hospitalization Plan, page 30 thru 32.)

ARTICLE 51

LIFE INSURANCE & PAYMENT TO AN ESTATE

Section 51.1 Life Insurance: The Employer shall provide $10,000.00 Life Insurance protection for each employee. The Employer shall pay 100% of the premium.

Section 51.2 Payment to an Estate: The Estate of a deceased employee shall be paid all accumulated vacation pay, and 100 % of all sick pay up to a maximum of 480 hours, due such deceased employee. Compensation under this Article shall be calculated at the employee’s final total rate of pay.

ARTICLE 52

LONGEVITY

Section 52.1 The Employer agrees to the following longevity pay, which shall be added to the monthly wages of each employee:

Years of Service Biweekly Amount

------------------------------ $16.00

------------------------------ $32.00

------------------------------ $48.00

Section 52.2 For the purpose of longevity benefits, completed years of service shall be computed beginning with the anniversary of the employee’s date of hire with the City.

 

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ARTICLE 53

CALL-OUT PAY

Section 53.1 Regular: All personnel of the Fire Department, with the exception of the Fire Chief, called out for an emergency when off duty, shall be paid $100.00 per person/per call.

Section 53.2 Intermediate: All personnel of the Fire Department, with the exception of the Fire Chief, called out for a period of not less than six (6) hours and less than twelve (12) hours, shall be paid $135.00 per person/per call.

Section 53.3 Extended: All personnel of the Fire Department, with the exception of the Fire Chief, called out for a period of not less than twelve (12) hours shall be paid at the rate of $250.00 per person/per call.

ARTICLE 54

WAGES

Section 54.1 Wage increases will be as follows:

January 1, 2005 ---------------- 2.5%

July 1, 2005 -------------------- 2.5%

January 1, 2006 --------------- 2%

July 1, 2006 -------------------- 2%

(See Appendix "A" Salary Schedule, page 27, for hourly rate.)

Section 54.2 Wages will be paid every two (2) weeks.

Section 54.3 Wage increases shall be implemented upon ratification and approval of the contract, and shall be activated, according to the dates indicated above.

ARTICLE 55

WAIVER IN CASE OF EMERGENCY

Section 55.1 In case of a publicly declared emergency, defined as Acts of God or Civil Disorder, declared by the President of the United States, the Governor of the State of Ohio, the Mayor of the City of Cambridge, the Federal or State Legislature, the following conditions of the agreement may be suspended by the "Appointing Authority":

1. Time limits for management’s replies on grievances.

2. All work rules and/or agreements and practices relating to the assignments of all employees.

Section 55.2 Upon the termination of the emergency, should valid grievances exist, they shall be processed, in accordance with the provisions outlined in the grievance procedure, and shall proceed from the point ion the grievance procedure to which they, (the grievance (s)), have properly progressed.

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ARTICLE 56

APPENDICES & AMENDENTS

Section 56.1 All appendices and amendments of this agreement shall be numbered or lettered, dated, and signed by the responsible parties and shall be subject to all provisions of this agreement.

ARTICLE 57

DRUG TESTING POLICY

Section 57.1 Alcohol abuse, alcoholism, drug abuse, or drug addiction is recognized by the parties as interfering with City services and as posing a danger to the public’s health and safety as well as that of the employee’s. It is recognized that the employer and the employee have the right to insist upon an alcohol and drug free environment, and to be free from direction by an individual, where reasonable suspicion exist to believe that individual to be under the influence of alcohol or drugs. It shall be a term and condition of employment that all employees be free from alcohol abuse, drug dependence, illegal drug use, or drug abuse.

Section 57.2 Definitions:

1. " Employee" means all employees covered under this collective bargaining agreement.

2. "Illegal drug" or "Illicit drug" means any drug or controlled substance defined to be illegal by the Ohio Revised Code, or any prescription drug that has not been properly and legally prescribed to an employee being tested herein, or is taken in excess of the prescribed dosage, and could impair an employee’s performance.

3. "Drug abuse" shall include the usage of any illicit drug or illegal drug, alcohol abuse and alcoholism.

4. "Reasonable suspicion" shall have the same meaning as defined by Ohio Criminal Law.

Section 57.3 If any employee suspects that another employee is using illegal drugs or is under the influence of alcohol, he shall notify his supervisor. The supervisor shall make appropriate investigation. Any employee may request drug or alcohol counseling or rehabilitation, and no employee shall have his/her job security or promotion opportunities jeopardize by such request.

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Section 57.4 Appropriate management or supervisory personnel may order any on-duty employee to undergo a drug or alcohol screening test whenever there is reasonable suspicion to believe an employee has used or is under the influence of illegal drugs or alcohol, while on the job with such tests being paid for by the City. The purpose of the test is to determine if any drug, narcotic or alcohol is present in the employee’s system. Prior to administration of the screening test the employee shall notify his/her immediate supervisor of any prescribed medication and proof of prescription. An employee may, of his own volition, even if not ordered to do so, undergo a drug or alcohol screening test, if he/she is involved in an accident or injury while on the job. Testing done under these circumstances will be treated in the same manner as if the employee has been ordered to undergo screening. All such test will be conducted by certified professional personnel. Test may be conducted for drugs, alcohol, or both. If the tests are positive, indicating that the employee has used illegal drugs or alcohol the employer will order the employee to undergo confirmatory test at a different laboratory or medical facility that is qualified to conduct such tests. For purpose of this section, a positive result from an alcohol test means a test result meeting or exceeding those specified in Ohio Revised Code, Section 4511.19 (A, 2, 3, or 4). The Employer may suspend the employee without loss of pay before the time confirmatory test results are complete.

Section 57.5 If the screening test and confirmatory test are positive, the employee shall be subject to disciplinary action as a result of the drug abuse, unless the employee enrolls in a rehabilitation or detoxification program within ten (10) days of being notified of the test results. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick leave, vacation leave, personal days, or compensatory time while he/she participates in such rehabilitation or detoxification programs. The program shall not exceed sixty (60) days. Upon successful completion of such program, if the program administrator certifies, and if a re-test demonstrates, that the employee is no longer abusing alcohol or drugs, the employee shall returned to his position. Thereafter for a period of two (2) years, such employees shall be subject to random drug testing at any time. If the employee, after taking two (2) random tests and the results of both are negative for alcohol and/or drugs, then the City will pay for any further testing in that two (2) year period related to the same offense.

Section 57.6 If any employee:

1. fails to comply with the provisions of this section;

2. refuses to take screening or confirmatory tests, or to undergo rehabilitation or

detoxification;

3. fails to complete a program of rehabilitation or detoxification, or after successfully

completing such program, fails to take a random test as requested, for two (2) years

after his/her return to duty;

4. test and re-test positive at any time within two (2) years after his/her return to work, upon completion of a program of rehabilitation or detoxification.

Then, under such conditions, the employee shall be subject to disciplinary action, including discharge.

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Section 57.7 All test results and actions taken under or pursuant to this article shall be confidential in accordance with state and federal law.

Section 57.8 The City will agree to provide as much information as possible in regard to testing procedures, testing to be used, type of test to be used, or any information considered to pertain to this article.

ARTICLE 58

PERFORMANCE INCENTIVE

Section 58.1 A volunteer Performance Incentive Program has been established for members covered by this agreement. The goals and criteria for achievement for this program will be posted in the Fire Department in March of each year of this agreement and shall be as follows:

(See Appendix "B" Performance Incentive Requirements, page 28.)

Section 58.2 The Performance Incentive Program shall be scheduled by the Fire Chief during a two (2) day period between the dates of September 15th and October 15th of each year of this agreement. Participating members shall be allowed two attempts at achieving/passing each of the physical goals listed, during the scheduled program. The Fire Chief and his designee and/or two (2) designees appointed by the Fire Chief will observe and evaluate the members performance to verify successful achievement and compliance with the goals and criteria in this program. The sum of Three Hundred Dollars ($300.00) shall be payable, the last pay in November, to each member who successfully achieves and complies with the goals and criteria set forth in this program. This being a volunteer program, members wishing to participate in this event during their off time duty, shall not receive call-out pay. This program will not be used for anything other than a physical performance incentive program.

ARTICLE 59

DURATION

Section 59.1 Duration of the contract will be for a period of three (3) years, beginning the first day of March 2004, and shall expire at midnight on the first day of March 2007. All Articles and/or items agreed upon during negotiations, fact finding, or the arbitration process shall be retro-active to March 1, 2004.

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APPENDIX "A"

SALARY SCHEDULE

Jan. 1, 2005 --------- 2.5%

July 1, 2005 --------- 2.5%

Jan. 1, 2006 --------- 2%

July 1, 2006 --------- 2%

 

 

                                                    2.5%                        2.5%                           2%                           2%

                              Current          Jan. 1                     July 1                          Jan. 1                    July 1

Pay Rate                                    2005                        2005                           2006                       2006

Assistant Chief $15.65            $16.04                      $16.44                        $16.77                  $17.11

Captain               $14.29           $14.65                    $15.02                         $15.32                  $15.63

Engineer            $13.09            $13.42                   $13.76                          $14.04                  $14.32

Firefighter          $12.21           $12.52                    $12.83                          $13.09                  $13.35

Inspector           $17.03           $17.46                     $17.90                         $18.26                   $18.63

(FF – Level 1)

 

Inspector           $19.03           $19.51                      $20.00                           $20.40                 $20.81

(Eng. – Level 2)

Inspector           $20.75           $21.27                      $21.80                           $22.24                 $22.68

(Capt. – Level 3)

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APPENDIX "B"

PERFORMANCE INCENTIVE REQUIREMENTS

1. The employee shall complete one (1) of the following:

                       Age: 18-25                          26-35                             36-49                            50-over

(a.) -- 1 ½ mile run

Time:                   14 minutes                   15 min.                              16 min.                       17 min.

Or (b.) -- 3 mile walk

Time:                    40 min.                         44 min.                              48 min.                      50 min.

Or (c.) run on motorized horizontal treadmill (timed)

Speed:                    6 mph.                        6mph.                                   6mph.                      5 mph.

Time:                      8 min.                         7 min.                                  6 min.                        5 min.

 

2. The employee shall complete the following:

Age:                       18-25                            26-35                                 36-49                         50-over

(a.) -- Climb stairs consisting of ten (10) steps timed

Trips:                     8 up/back                     7 up/back                          6 up/back                   5 up/back

                               (per/min.)                    (per/min.)                         ( per/min.)                    (per/min.)

Time:                       8 min.                         7 min.                                6 min.                         5 min.

(b.) -- Sit-ups (timed)

Number:                    40                                 37                                      30                                22

Time:                    1 min.                            1 min.                                 1 min.                         1 min.

(c.) -- Push-ups

Number:                  30                                  25                                        20                               15

(d.) -- Flex arm-hang (timed, palms away)

Time:                 9 seconds                       8 seconds                            7 seconds                  6 seconds

(e.) -- The employee, given a beam secured to a level floor and measuring 20 feet long by 3 to 4 inches wide and given a 50 foot section of fire hose with couplings, shall walk the length of the beam, carrying said hose, without falling off or stepping off the beam.

(f.) -- The employee given a weight of 85 lbs. shall lift the weight from the floor and carry the weight 75 feet without stopping.

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SIGNATURE PAGE

Executed at Cambridge, Ohio this ______________day of ___________,2004

For the City of Cambridge For IAFF Local #910

______________________________ ________________________

Sam Salupo,                                         Timothy W. Milner,

Mayor                                                      President, Local 910

_____________________________ ________________________

John Jones,                                          Kevin Blanchard,

Service/Safety,                                     Director Bargaining Team

______________________________ ________________________

Bill Minter,                                             Jeff Deeks,

Fire Chief                                               Bargaining Team