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day of
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This Agreement is executed
a ~ ~'~'
,2015 by and between
the Town of Canton, hereinafter referred to as the Emp oyer, and Local 1580, International
Association ofFirefighters, AFL-CIO, hereinafter referred to as the Association.
Any reference to the term Employee or Employees within this Agreement shall
mean an Employee or Employees covered in this Agreement as defined in Article I.
A RTT('T.F T
Section 1. Recognition
The Employer recognizes the Association as the sole and exclusive bargaining agent
for all the permanent full-time members of the Canton Fire Department, except the Chief
and the Deputy Chief. In no event shall the bargaining unit include the Chief, the Deputy
Chief, or clerical staff.
Section 2. Payroll Deduction
The Employer shall deduct dues and initiation fees from the wages ofthe Employees
covered by this Agreement when the Employer has received from the Employee a signed
checkoff authorization card, and the Employer will direct the proper authority to forward
such amounts to the Association as soon as practical thereafter, but not later than the
twentieth day ofthe following month.
The Association agrees to indemnify the Employer for damages or other financial
loss which the Employer may be required to pay or suffer by an administrative agency or
court ofcompetentjurisdiction as a result ofthe Employer's compliance with this Section.
The Employer shall make equal weekly deductions of all items which the Employer
is authorized to deduct including taxes and Blue CrossBlue Shield, etc.
Section 3. Agency Service Fee
Consistent with all applicable laws, it shall be a condition of employment that every
Firefighter who is not a member ofthe Association shall pay an agency service fee.
Effective the first full month following ratification of this Agreement, an agency
service fee shall be deducted each month by the Employer from the salary of each employee
in the bargaining unit other than those paying dues pursuant to this Article. Said service fee
shall be a sum equal to the amount fixed in writing by the Association and shall be paid over
promptly to the Treasurer ofthe Association on a monthly basis.
The Association certifies that it has established a procedure required by law under
which any employee so demanding may obtain a rebate of such part, if any, of an agency
service payment representing apro-rated share ofexpenditures for political action.
The Association certifies that the agency service fee has been approved by the
employees in the bargaining unit pursuant to the provisions of G.L. c.150E, §12.
The Association agrees to indemnify the Employer for damages or other financial
loss which the Employer may be required to pay or suffer by an administrative agency or
court ofcompetentjurisdiction as a result ofthe Employer's compliance with this Section.
The provisions of Chapter 180, Section 17G, as pertains to agency service fees also
apply.
Section 4. Union Security
Both the Employer and the Association agree not to discriminate against any
Employee on the basis of race, color, creed, sex, or participation or non-participation in the
Association.
Section 5. Time Off-Union Business
A.
Employees who are members of the Association's collective bargaining group shall
be allowed time off to participate in the Association's negotiations with the
Employer provided such time off would not unduly interfere with the operations of
the Fire Department. In any event, the request for the time off shall be made to the
Chief.
B.
The President, Vice President and Secretary/Treasurer of the Association sha11
receive a combined total ofseven(7)days each calendar year as time off with pay to
2
attend to Union business, with the understanding that no more than two (2) Union
officers can be off at the same time.
ARTICLE II
Section 1. Hours
A.
Effective upon ratification, employees shall work two (2)24-hour shifts every eight
(8)days. During the period ofthis Agreement, employees shall average 42 hours in a
regular work week. To verify a 42-hour average, a consecutive 8-week period will
be used. The normal tour of duty fora 24-hour shi$ shall be from 8:00 AM to 8:00
AM. Employees who go home sick before 8:00 PM will be charged with two (2)
sick days; employees who go home sick after 8:00 PM will be charged with one (1)
sick day. Family sick leave shall be ganted for up to three (3) single shifts per year,
day or night.
B.
Exclusive of holidays, the hours ofthe Fire Prevention Lieutenant, EMS Coordinator
and Training Captain shall be four (4) consecutive 10.5 hour days on either a
Monday-Thursday or Tuesday-Friday schedule as determined by the Chief and will
be approximately 7:30 a.m. to 6:00 p.m. Monday through Friday, but not to exceed
42 hours per week.
Section 2. Overtime
All hours worked by an employee in excess of 24 hours on any shi$ shall be
compensated at the rate of time and one half the employee's regular hourly rate. When an
employee is called to duty, other than fire duty, on his scheduled day off, he shall receive
time and one half his regular hourly rate for all hours worked that day, or he may be given
time off equal to such period of overtime duty as determined by the Chief of the Fire
Deparhnent. The minimum time for which an employee shall be compensated under this
Article is three (3) hours, except for holdovers and Box Alarms. Employees who are held
over from the previous shift will be paid time and a halffor the time they actually work. In
3
addition, employees must wait at least 24 hours before working an overtime shift after being
out on sick leave.
The minimum compensation for Box Alarms shall be as follows:
a)
if sounded between 11:00 p.m. and 7:00 a.m. - 2 hours
b)
if sounded between 7:00 a.m. and 11:00 p.m. - 1 hour
A Box Alarm will normally be sounded for all outside alarms, calls for building fires
and mutual aid, under policies established from time to time by the Chief.
Section 3. Selection for Overtime
When the Chief determines that additional Employees are required to report for
duty, selection shall first be made from those individuals having completed the lowest
number of work hours at the tune of selection. If there is an Officer vacancy on a particular
shift that the Chief decides to fill, he must use an Officer if one is available. The Chief must
fill every Officer vacancy, provided that the annual cost does not exceed $8,440. Once the
annual cap has been reached, the Chief then has the discretion to fill an Officer vacancy or
not.
In determining what shifts count toward achieving the annual cap, the following
guideline shall be used: if unplementing mandatory Officer for Officer coverage requires
the Chief to have more men on duty than he would have without the mandatory coverage,
then the cost of the replacement Officer will be counted toward the achievement of the
annual cap.
Ifthere is a private vacancy that the Chief decides to fill, he must e~iaust the list of
available privates before calling an Officer.
Section 4. Hourly Rate
The regular hourly rate shall be determined by dividing an Employee's regular
weekly gross pay, exclusive of premium pay, by the number of hours in a regular work
week.
D
Section 5. Working Out of Grade
When a Private is performing the duties and functions of a Lieutenant, he shall be
paid at the Lieutenant's rate for each shift so worked beginning on the first day of work in
the higher grade. When a Lieutenant is performing the duties and functions of the Captain,
he shall be paid at the Captain's rate for each shift so worked beginning on the first day of
work in the higher grade. When a Captain is performing the duties and functions of the
Deputy Fire Chief, he shall be paid at the Deputy Fire Chiefs rate beginning on the first day
of work in the higher grade. This shall apply only when the Deputy Fire Chief has been
absent for more than two(2) weeks.
ARTICLE III
Manning Level
Station 1
-
Six (6)Personnel
Station 2
-
Three(3)Personnel
There will be an Officer at Station 1 at all times (he would be part of the six
personnel).
Any time the Captain of Training and Safety, EMS Coordinator or the Fire
Prevention Lieutenant is working days, Monday through Friday, he shall not be considered
part ofthe manning level for full shifts or call backs.
eurrrrr F Tv
Section 1. Private Details
A private detail is defined as work for an Employer other than the Town of Canton.
Section 2. Selection for Detail
Available assignments to private details will be made by the Chie£ Selection shall
first be made from those individuals having completed the lowest number of work hours at
the time of selection.
5
Section 3. Detail Rate
The rate for private details sha11 be increased to the Lieutenants' overtime rate plus
$2.00. Permission to work out-of-town fire/ambulance details will be granted, subject to the
officer providing to the Town of Canton the appropriate liability waiver from the town
requesting the detail.
ARTICLE V
Seniori
Employees shall have the right to transfer from one group to another, if a vacancy
exists, according to seniority and job description.
ARTICLE VI
Section 1. Positions
All employees except the EMS Coordinator who take on additional duties and
responsibilities under a job classification created by the Chief shall receive additional
compensation of $700.00 per year. Employees shall have the opportunity to apply for new
positions in the Fire Deparhnent. The final determination of the person to fill the position
shall vest solely in the Employer. The determination of whether or not there is a position
available for filling shall vest solely in the Employer.
EMS COORDINATOR: The EMS Coordinator shall be paid the contractual salary of a
firefighter plus a stipend which represents the difference between the contractual salary of a
firefighter and the contractual salary of a Captain. Effective July 1, 2015, the EMS-C
stipend will be $22,360.08 in Year 1, $22,807.28 in Year 2 and $23,263.42 in Year 3. The
EMS-C's overtime rate is one and a half times his firefighter salary. When not perfonliing
the duties of the EMS-C, he shall be compensated at a rate commensurate with his rank.
The EMS Coordinator will be eligible to receive the EMT-P stipend contained in Section 2
of Article VII. The EMS Coordinator will work four (4) consecutive 10.5 hour days on
either aMonday-Thursday or Tuesday-Friday schedule as determined by the Chief.
Appointment ofthe EMS Coordinator sha11 be at the sole discretion ofthe Chief.
C
S.A.F.E. OFFICER: The Town agrees to establish one (1) SAFE OfFicer position at an
annual stipend of $700, subject to continued state and/or federal funding of the SAFE
Program. The stipend sha11 be paid semi-annually in two equal payments of$350.
PRECEPTOR: The Town agrees to add to the list of Specialty Positions in Section 1 the
position of Preceptor at an annual stipend of $700, to be paid semi-annually in two equal
payments of $350. The Chief shall appoint as many Preceptors as he deems to be in the
Department's best interest. A Preceptor shall be assigned to a new hire/paramedic upgrade
for a period of time to be determined by the Chief and the EMS Coordinator in accordance
with the "Preceptor Program" guidelines. Preceptors will have a minimum offive(5) years'
pre-hospital experience at the EMT level.
The minimum time for which the following shall be compensated under this Article is one
(1) hour at Overtime Rate.
Mechanic
Assistant Mechanic
Training Officer
Leader Lineman
S.A.F.E. Officer
Fire Prevention Officer
Safety Officer
Fire Department Photographer
Infectious Control Officer
Preceptor
EMS Coordinator
LEAD FIRE INVESTIGATOR: The Town agrees to establish one (1) lead Fire
Investigator at an annual stipend of $700, which shall be paid semi-annually in two equal
payments of$350.
Section 2. Residency
There shall be no requirement that Employees reside in the Town of Canton.
Section 3. New Emuloyees
New employees shall be required to attend and satisfactorily complete an accredited
Firefighters School as designated by the Employer within six(6) months of appointment.
Section 4. Promotion Lists
Promotion Lists shall be available at all times.
7
Section 5. Fire Alarm Personnel
Fire Alarm personnel shall be paid for all duties performed in connection with the
maintenance, installation and inspection of Fire Alarn1 systems conducted while not on a
regular tour of duty at the rate oftime and one-half(1 %2) their regular hourly rate.
ARTICLE VII
Section 1 -E.M.T.
Effective July 1, 2012, all Employees who are nationally or state certified EMT's shall have
their annual $3,800 stipend added to their base salary after the 2% COLA is applied.
Firefighter-EMT's shall receive no extra compensation or cause overtime expense to the
Town for recertification.
Section 2 -Paramedic
Effective July 1, 2015, all unit employees who are state-certified Paramedics shall receive a
stipend of $1,550. The Paramedic stipend will increase by $100 on July 1, 2016 and by an
additional $100 on July 1, 2017, for a total stipend of $1,750. Firefighter-Paramedics shall
receive no extra compensation or cause overtime expense to the Town for Paramedic
recertification.
Section 3 - Emergency Medical Dispatch
The Town agrees to reimburse employees for any costs related to certification or
recertification of Emergency Medical Dispatch (ENID) including, but not limited to,
mileage, course fees, tuition or other costs. Any members required to attend ENID training
not on a scheduled shift shall be compensated at their overtime rate. The Department shall
endeavor to schedule a sufficient a~liount of classes in order for members to maintain their
certification.
Section 4 -Preceptor Program
A.
A Preceptor can be assigned to a new hire/paramedic upgrade for a
period of time to be determined by the Chief of the Department and the EMS
Coordinator with the following guidelines:
A new hire/paramedic upgrade with no pre-hospital ALS experience shall
be assigned a Preceptor for a period of six months.
2.
Anew hire/paramedic upgrade with less than two years of pre-hospital
ALS experience shall Ue assigned a Preceptor for a period of three months.
New hire/paramedic upgrades shall have a quarterly performance evaluation with the
EMS Coordinator, their Preceptor, and Shift Captain as an educational tool to address any
weaknesses and discuss ways to correct the issues. Any concerns or needs for training
shall be addressed as needed. If during the precept tune it is determined by the EMS
Coordinator and his Preceptor with the approval of the Chief of the Department that the
new hire/paramedic upgrade has inet all the administrative and clinical requirements, he
will be cleared to function as a full EMT-basic/paramedic and be able to work any
assignment. If further training is needed, a written plan shall be implemented to meet the
objectives. If deemed necessary by the EMS Coordinator and the Preceptor, the precept
time may be extended and, if necessary, the new hire inay be assigned to a new preceptor.
B.
Preceptors will be responsible for observing, assisting and educating the
new hire/paramedic upgrades on all ambulance runs that they are dispatched to, as well as
filling out a Preceptor Evaluation form for each call. New hire/paramedic upgrades will
be responsible for assessments, treatments, transfer of care and completion of all patient
care reports for all patients for a period to be determined by the EMS Coordinator and the
Preceptor. If approved by the Fire Chief, a third Firefighter may be provided to drive the
ambulance, so that the Preceptor can observe the new hire/paramedic upgrade and assist
him during transport.
C.
Preceptors will be responsible for auditing of all run reports produced by
the new hire/paramedic upgrade and reporting of any protocol deviation that has occurred
or any repeated infractions that need to be addressed.
D.
Preceptors should have a minimum of 5 years' pre-hospital experience at
their EMT level. All qualified candidates will be interviewed by the EMS Coordinator
D
and the Chief of the Department. Preceptors will be chosen by the EMS Coordinator with
approval by the Chief ofthe Department.
Section 5 -Paramedic Sponsorship Program
A.
All newly hired Firefighters who are not certified Paramedics upon hiring
shall be required, as a condition of employment, to attend the first available Paramedic
course approved by the Fire Chief, complete said Paramedic course, and obtain
certification from the Commonwealth of Massachusetts Office of Emergency Medical
Services as a Paramedic. The employee shall maintain his/her paramedic certification in
accordance with Paragraph C of this section. The employee shall not be required to
attend the aforementioned paramedic course until he/she successfully completes the
recruit training program at the Massachusetts Fire Academy.
B.
If any part of the certification occurs while the employee is scheduled to
be on duty, the Fire Chief shall grant the Paramedic the necessary time off with pay to
attend the training as required by the Commonwealth of Massachusetts Office of
Emergency Medical Services regulations and by the Medical Director named in the
Advanced Life Support Affiliation Agreement between the Canton Fire Department and
the Medical Control Hospital.
C.
The Town of Canton agrees to sponsor up to two bargaining unit members
who are currently certified as EMT's to attend Paramedic training approved by the Fire
Chief in any fiscal year. The bargaining unit shall designate and submit to the Chief in
writing 90 days prior the names of the individuals that wish to attend the training. If no
member of the bargaining unit applies to the program, this provision shall be considered
void for that particular fiscal year oiily. In sponsoring an employee, the Department shall
allow the employee to attend all required sessions of the program while on duty without
using vacation, sick or swap time. Any member that takes the ALS program shall be recertified as required by OEMS as a condition of employment. In the case of an employee
who is designated to become certified as a paramedic(EMT — P), the Town shall pay the
10
costs incurred by the employee for registration, tuition and books in obtaining such
certification.
D.
In the event the employee completes the course required for certification
but then fails to pass the examination given by the state for such certification and as a
result thereof is required to complete additional training in order to be certified, the Town
shall not pay any portion of the cost of such additional training. Such cost shall be the
responsibility of the employee. In addition to its payments of the cost incurred by an
employee for registration, tuition and books, the Town shall pay aone-time stipend of
$3,000 to any bargaining unit member who successfully completes the course required to
become a Paramedic and who successfully passes the exam administered by the state for
such certification and becomes certified to practice as an EMT-P.
E.
Unit members may be reimbursed up to a maximum of $750 for taking
and passing a Massachusetts Civil Service Promotional Exam.
ARTICLE VIII
Educational Incentive Pay
As an education incentive, the Employer agrees to apply the provisions of Chapter
41, Section 108L, Mass. General Laws for educational credits earned toward a Fire Science
Degree. This clause shall include those members of the bargaining unit who have been
involved in the pursuit ofa Fire Science Degree since January 1, 1968, and thereafter.
Employees who are employed after July 1, 1983 shall receive the following:
10 credits $ 400.00
25 credits $1,000.00
40 credits $1,600.00
60 credits
120 credits
$2,400.00
$4,800.00
ARTICLE IX
Reimbursed Travel Expense
If the Employee is required to travel to fire-training activities outside the Town of
Canton, he shall be reimbursed at the rate of fifty (50) cents ($.50) per mile for all miles
11
traveled. Miles shall be computed from the point of departure, which shall be, for the
purposes ofthis Agreement,the Canton Town Hall.
ARTICLE X
Section 1. Work Uniforms
Employees shall be reimbursed up to $850.00 per year toward the purchase of any
work-related items ofclothing to be expended under the control ofthe Chief.
Section 2. Protective Clothing
The Employer shall issue such other protective clothing ar equipment that the
Employer in his sole discretion deems necessary. All protective clothing purchased in the
future shall be ofthe Nomex type or equivalent as determined by the Chief.
Section 3. Air Masks
All air masks shall be ofthe Positive-Pressure Type.
Secfion 4. Responsibility
The Employees are responsible for the care and appearance of the clothing and
equipment that is issued to them.
►~r~~~r~~i~~
Section 1. Group Insurance
Effective July 1, 2012, the Town will provide a plan of group life, accidental death
and dismemberment insurance, and the Town will also provide general or blanket hospital,
surgical and medical insurance as authorized under the provisions of G.L. Chapter 32B,
Sections 21-23 and as agreed by the parties, pursuant to 801 CMR 52.04(6). 'The Town will
continue to pay 75°/a of the premilun and the employees will pay 25% of the premium
whether they are in the indemnity plan or an H.M.O.
Section 2. Dental Insurance
Dental insurance shall be paid seventy-five per cent (75%) by the Town and twentyfive per cent (25%) by the Employees.
fi►a
Section 3. Eyeglasses
The Town agrees to pay for eyeglasses broken or lost in the line of duty through no
negligence on the part ofthe Employee.
Section 4. Health Insurance Opt-Out Stipend
The Town agrees that eligible employees who decline the Town's health
insurance plan shall be eligible for the insurance opt-out stipend. Employees who elect to
decline the Town's health insurance benefit program, either directly or through their
spouse, and who can provide proof of health insurance coverage from an alternate source
are eligible to receive a stipend of $2,500 per year. Payment of the stipend shall be on a
pro-rated weekly basis and not paid as a lump sum. In the event of a loss of health
insurance coverage through an alternative source, the employee must notify the Town
and either find another source of health insurance or re-enroll in the Town's health
insurance benefit. Payment of the stipend shall terminate on the effective date of reenrollment in the Town's health insurance benefit. There is no limit on the number of
times employees may opt out or in and receive this benefit.
ARTICLE XII
Vacations
A pernlanent full-time Employee shall accrue vacation leave in the following
manner:
From one to five complete years of service,
Two(2) weeks
1 1/6 working tours
per month
Total of 14 working
tours per year
From the beginning of year six to ten complete years of service,
Three(3) weeks
1 3/4 working tours
per month
From the beginning of year eleven,
13
Total of21 working
tours per year
Four(4) weeks
2 1/3 working tours
per month
Total of28 working
tours per year
In year six and year eleven, adjustment will be made at the end of the month in
which the Employee's anniversary date falls.
At the end of an Employee's first month of service, the Employer will credit the
Employee with the remainder of the year's vacation days. It is understood that
vacation days credited during an Employee's first year cannot be used until the
Employee's anniversary date.
An Employee who retires, resigns or dies, will be paid an amount pro-rated from
July 1 to the end of the month in which the Employee is separated from the
employment of the town. This shall be accomplished by deducting from the full
year's vacation allowance whatever portion of the year that the Employee did not
work.
B.
If an Employee's anniversary date occurs after the summer months, and he
wishes to take a vacation during this period, he may, with the approval ofthe Chief, receive
an advance on his vacation leave up to the amount ofleave actually earned at the time ofthe
vacation. Any such advance shall be deducted from the amount of credit due on his
anniversary date.
C.
The Chief shall grant vacation leave at such times during the vacation year
as will best serve the public interest. Preference shall be given persons on the basis of years
of service for the Town. Once a vacation period or day is agreed to by the Chief, it cannot
be cancelled by reason ofseniority.
D.
The Chief shall grant vacation leave in the vacation year in which it
becomes available, unless it is impossible or impracticable to do so because of work
schedules or other emergencies. In no case shall an employee be permitted to carry more
than thirty (30) days of leave from one vacation year into the next. The Chief is charged
14
with the responsibility of seeing that sufficient vacation is taken so that Employees may not
lose vacation credits.
E.
Employees are encouraged to use at least two consecutive weeks of
vacation leave for vacation purposes. Remaining leave may be used for additional vacation,
short holidays, attendance at religious services, personal business, etc.; and such leave may
be taken as a full or one-half shift.
F.
An employee who is separated from the employ of the Town shall be paid
in a lump sum for his unused vacation days up to a ma~cimum of 30 days plus whatever
vacation days he has earned since July 1 of his final year of service. For purposes of
payment for unused vacation, a vacation day shall be calculated at 8.4 hours per vacation
day at the employee's regular rate of pay. Notice of intent to retire must be submitted to the
Fire Chief by November 1 of the fiscal year prior to the fiscal year in which payment is
expected. Failure to submit timely notice may delay payment until the next fiscal year at the
sole discretion of the Employer. Nothing in this Section is intended to preclude any
employee from revoking his notice of intent to retire prior to the date upon which his
retirement becomes effective. The parties further agree that if the retirement law applicable
to bargaining unit members is amended or otherwise altered during the life of this
Agreement, the November 1st notification date shall be waived with respect to any
employee whose retirement decision was made as a result of the amended legislation. In the
case of death, payment shall be made to the deceased employee's estate.
G.
An Employee who enters military service may either obtain alump-sum
payment for the numUer of days of unused vacation leave or may elect to let it remain to his
credit until he returns.
H.
No Employee shall be allowed to take his vacation pay while continuing to
work for the Town in any deparinzent, except that under unusual circumstances, the
application ofthis Section may be waived by the Employer.
15
I.
Upon 24-hours' written notice and with the prior approval of the Chief,
Employees shall receive one (1) personal business day off as needed, which can be taken at
any time. The personal business day cannot be accumulated from one year to the next, and
will be forfeited at the end of the fiscal year if unused. No Employee shall take a personal
day on the eve,the day or the night of December 25.
J.
Voluntary Vacation Buyback Program
A. As of May 1St of any year, members shall be eligible to use the Voluntary
Vacation Buyback Program. A member may buy back up to 8 vacation
days or other agreed upon number as approved by the Chief. The
buyback program shall take place in the month of May. Each vacation
day shall count as 12 hours, and buyback shall be at the employee's
regular rate of pay.
B. The Chief shall deduct the buyback time from the member's attendance
card in the month of May. If a member elects to participate in the
buyback, s/he shall notify the Chief in writing no later than May 1St of
his/her intention to participate. Payment shall be made on or before June
1St ofeach year.
K.
A vacation day is defined as 8a~n to 6pm. A vacation night is defined as
to 6pm. A
6pm to Sam. A half(%2) vacation day is defined as either Sam to 1pm or 1pm
half(%z) vacation night is defined as either 6pm to lam or lam to Sam.
L.
Subject to the Chief's approval, Union members may use up to two (2) of
n
their vacation days to attend any approved MFA class while scheduled on shift. Vacatio
eligible for
days shall be used on the day of the scheduled class. Members will not be
compensation under Article XXX (Training).
16
ARTICLE XIII
Longevity
Employees shall receive the following annual non-cumulative longevity increments:
after 5 years of continuous service
after 10 years of continuous service
after 15 years ofcontinuous service
after 20 years of continuous service
after 25 years of continuous service
$350
$475
$625
$750
$850
Longevity increments shall be paid in semi-annual installments, fifty per cent(50%)
to be paid on or about June 15th, and fifty per cent(50%)to be paid on or about December
15th. Payments under this Article shall be prorated.
ARTICLE XIV
Holidays
The following days shall be recognized as holidays on the day on which they are
observed:
Labor Day
ColLunbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Patriots' Day
Memorial Day
Independence Day
Employees shall receive an extra day's pay for each holiday regardless of whether it
falls on a regularly scheduled work day or a regularly scheduled day off.
ARTICLE XV
Section 1. Disabled Employees
The rights of an Employee under Massachusetts General Laws, Chapter 41, Section
100 and Section 111F, shall remain in effect for the duration ofthis Agreement.
17
Section 2. Line of Duty Iniuries
A.
Whenever a Firefighter has been incapacitated for duty by reason of an injury
sustained while in the performance of his duty without fault of his own, he shall
present his claim for compensation under the provisions of G.L. c.41 §111F in
writing to the Chief within ten (10) days. The Chief sha11 promptly investigate the
incident which gave rise to the injuries and make a preliminary determination within
ten (10) days. Final determination shall be made within thirty (30) days of the
injury. In its discretion, the Employer shall have the right to designate a physician at
the Employer's expense to examine the Firefighter and determine whether or not he
is indeed incapacitated by reason of an injury sustained while in the performance of
duty without fault on his part.
B.
Until such time as a preliminary determination is made, the Firefighter may be
placed on sick leave, provided that any sick leave so used will be re-credited in full
if his claim is finally approved.
C.
If the Firefighter's claim is rejected by the Chief, he shall be promptly notified in
writing and sha11 have the right to grieve the rejection under the provisions of Article
XXIV of this Agreement; provided, however, that where the employee chooses
arbitration as the method for resolving the dispute, that sha11 be the exclusive
procedure for resolving said dispute.
D.
A Firefighter incapacitated in whole or in part by hypertension or heart disease shall
be entitled to compensation under G.L. c.41, §111F upon a showing, through
competent evidence, that said hypertension or heart disease is causally related to a
specific occurrence or series of occurrences in the line of duty.
E.
A Firefighter shall be entitled to receive compensation as defined in Section F ofthis
Article for the period of his incapacity. If such period exceeds thirty (30) days,
continued payment beyond such period shall be subject to fiuther, specific approval
by the Employer or its designee, which may require periodic written medical
18
testimony supporting the claim of continued incapacity. A Firefighter's entitlement
to compensation under this Article shall cease after he has been retired or pensioned
in accordance with law or after a physician designated by the appointing authority of
the Town of Canton has determined that the Firefighter's former incapacity for duty
no longer exists.
F.
For the purposes of this Article, compensation under G.L. c.41, §111F shall be
defined as the Firefighter's base weekly pay, including career incentive, longevity,
holiday pay and EMT pay, but excluding overtime, night differential, and position
pay under Article VI.
G.
Employees will be allowed to accrue vacation and sick leave while out on injured
leave under this Article. Employees shall also continue their insurance coverage as
provided under Article XI ofthis Agreement.
ARTICLE XVI
Non-Occupational Sick Leave
A.
The payment of compensation to employees who are absent from work because of
non-occupational illness or injury or exposure to contagious disease or severe
emotional shock sha11 be subject to the following provisions:
1.
A permanent full-time Employee shall accrue paid sick leave entitlement at
the rate of 1 1/4 days per month, accumulating without limit, less paid sick
leave taken.
2.
Notification of absences shall be given as early as possible on the first day of
absence.
If such notification is not made, such absence may, at the
discretion ofthe Chief or appointing authority, be applied to absence without
pay. The Chief shall investigate and ascertain the validity of any request for
non-occupational sick leave made by an employee and shall approve the
same if he is satisfied as to the validity of such request. He may also
approve a request for sick leave due to family illness in the immediate
i~
household up to a maximum ofseven(7) shifts per year, if satisfied as to the
validity of such request. Up to three (3) shifts per year of family sick leave
may be taken as single shifts, day or night, while working the 24-hour shifts.
A physician's certificate may be required by the Chief for absences of four
(4) consecutive working shifts. Notwithstanding the previous sentence, the
Chief shall have the discretion to demand the submission of such medical
verification as he requires in the event of an absence of any duration after an
employee has established a pattern of absences which suggests a possible
abuse of sick leave. The Chief will meet with the Union president or his
designee before taking any action, but final determination will rest with the
Chief. Cost of the medical verification will be borne by the employee up to
the first two (2) visits. Thereafter, the cost will be borne by the Town, and
the employee will see the Town's physician.
When a firefighter returning from sick leave of more than 4 consecutive
shifts is required to visit the Town's occupational medical provider, he/she
shall be paid 3 hours' ca11-back pay if he is not otherwise in a paid status,
such as sick leave.
3.
An Employee who retires pursuant to M.G.L., Chapter 32 (or, in case of
death, his estate) shall be compensated for all unused sick days in excess of
100.
The parties agree that the maximum number of days for which an employee
may be compensated under this section is 200 days. The rate of
compensation sha11 be as follows:
Private
Lieutenant
Captain
$65.00 per day to ma~cimum of$13,000
$75.00 per day to maximum of$15,000
$85.00 per day to ma~cimum of$17,000
20
4.
Notice of intent to retire must be submitted to the Fire Chief by November 1
of the fiscal year prior to the fiscal year in which payment is expected.
Failure to submit timely notice may delay payment until the next fiscal year
at the sole discretion ofthe Employer. Nothing in this Section is intended to
preclude any employee from revoking his notice of intent to retire prior to
the date upon which his retirement becomes effective. The parties further
agree that if the retirement law applicable to bargaining unit members is
amended or otherwise altered during the life of this Agreement, the
November 1st notification date shall be waived with respect to any employee
whose retirement decision was made as a result ofthe amended legislation.
B.
Employees shall eam four (4) additional paid days off in any contract year in which
they use no sick or family illness days. These days must be used in accordance with
the Chiefs guidelines for the taking of vacation days.
ARTICLE XVII
Bereavement Leave
In the event of a death in the immediate family of an Employee, the Employee shall
be granted up to four (4)tours' leave without loss of pay, the last day of which may be one
(1) day after the funeral or memorial services. For purposes of this Article, the term
"immediate family" shall include the employee's mother, father, sister, brother, spouse,
child, mother-in-law, father-in-law, grandchild, grandparent, sister-in-law and brother-inlaw.
In the event of death of an employee's uncle, aunt, nephew, niece, spouse's
grandparent, nephew or niece, or non-relative who has lived in the employee's household for
a minimum of one (1) year, the employee shall be granted two(2)tours' leave on the day of
the funeral.
21
ARTICLE XV1II
Leaves
Section 1. Court Leave
A. A court leave of absence shall be granted to any Employee who is called to serve
upon ajury or is summonsed to appear in court as a witness for the Town.
B. If the jury or witness fees, exclusive of travel allowances received by said
Employee shall be less than the regular rate of compensation received by him
from the Town, the difference between said fees and said regular rate of
compensation shall be paid to such Employee by the Town. If the amount of
such fees received by said Employee shall exceed the regular rate of
compensation received by him from the Town, no compensation shall be paid to
him by the Town for the period of his jury duty or witness duty.
C. If an employee is required to be a witness in court for the Town, he shall receive
a minimum ofthree(3)hours' pay.
Section 2. Military Leave
'The provisions of Chapter 149, Section 52A, Massachusetts General Laws apply.
Applicable state and federal laws shall govern Military Leave.
Section 3. Military Duty
An Employee leaving the service ofthe Town of Canton to serve the federal or state
government in its armed forces shall retain his seniority during such service and sha11 be
returned to employment as provided by law.
This provision sha11 not apply to any
Employee who has been hired to fill the position vacated by any Employee serving the
federal or state government in its armed forces. The Employer further agrees to abide by the
military leave policy adopted under Article XIII ofthe 1967 Canton Annual Town meeting.
22
Section 4. Other Leave With Pav
No charge is made against leave in certain instances, such as:
a.
Taking part in official training programs, when approved by the Chief or the
appointing authority.
b.
Promotional examinations held for Employees ofthe Town.
c.
Blood donations up to four(4) hours.
d.
Registration under the draft for the time needed to register and in no case
more than four(4) hours.
Section 5. Unauthorized Leave
If an Employee's absence is not excused or approved, one or more of the following
actions may be taken depending on the circumstances in the case:
a.
A deduction may be made from accumulated vacation leave credits.
b.
The Employee's pay may be stopped for the period of absence, and a letter of
warning sent.
c.
The Employee may be discharged.
Section 6. Leaves of Absence
A.
A leave of absence without pay for a period not exceeding three (3) months may be
granted by the Chief with a written notice to the Employer.
B.
In the event that leaves of absence without pay are to Ue renewed or extended
beyond said three (3) month period, the Chief will discuss the e~ension with
Employer and obtain approval before such leave is granted.
C.
If, during a leave of absence without pay, the Employee accepts other employment,
such leave of absence and his employment with the Town are automatically
terminated unless the Employer shall have expressly waived this provision in
writing, in which case a copy shall be forwarded to the Chief and the Employee
involved.
23
Section 7. Maternity Leave
The Town agrees to abide by the provisions of M.G.L. c. 149, section lOSD relative
to maternity leave.
ARTICLE XIX
Severability
In the event any federal or state law or court of competent jurisdiction invalidates
any section ofthis Agreement,the remainder ofthe Agreement shall remain in full force and
effect.
ARTICLE XX
Civil Service
The Employee shall retain his Civil Service rights as determined in accordance with
Chapter 31 ofthe General Laws of Massachusetts.
ARTICLE XXI
Management Rights Clause
Except where such rights, powers and authority are specifically relinquished,
abridged or limited by the express provisions of the Agreement, the Employer has and will
continue to retain, whether exercised or not, all of the rights, powers and authority
heretofore had by it and delegated to it in the future by any statute, by-law or ordinance. It
shall have the sole and unquestioned right, responsibility and prerogative of management of
the affairs ofthe Employer and direction ofthe working forces.
ARTICLE XXII
Night Differential
Employees who work the night shift shall receive fifty cents ($.50) per hour in
addition to their hourly rate of compensation. Payments sha11 be made each week as part of
each Employee's regular pay.
24
A shift differential in the following amounts shall be payable to all members of
the bargaining unit:
Effective
7/1/16:
$1,500 (payable on a weekly basis)
Effective
7/1/17:
$3,200 (payable on a weekly basis)
Effective June 30, 2018 the shift differential of $3,200 shall be included in then
existing base pay for all unit members
ARTICLE XXIII
Salaries
A.
The wage schedules for all employees covered by this Agreement are contained in
Attachment A. The existing wage schedule shall be increased as follows: Effective
on July 1, 2015, wages will be increased by 2%. Effective on July 1, 2016, wages
will be increased by 2%. Effective July 1, 2007 wages will be increased by 2%.
Employees who have completed 20 years of service to the Canton Fire Deparhnent
are eligible to be placed on Step 6, which is 5%above Step 5.
B.
Holiday and EMT payments shall be paid as chosen by the individual on or before
July 1 of each year.
ARTICLE XXIV
Grievance Procedure
A.
Purpose: The purpose of the grievance procedure shall be to settle Employee
grievances on as low a level as possible to insure efficiency and employee morale.
B.
A grievance to be subject to this grievance procedure shall be only for grievances
arising out of events occurring after July 1, 2012, and which involve either of the
following:
1.
The Town's determination ofterms ofemployment or basic rate of pay.
25
C.
2.
A claim that one or more of the provisions of this Agreement have been
violated by the Town or its Fire Chief.
3.
Employee safety.
Procedures: A grievance must be presented initially within thirty (30) days of the
occurrence or event or circumstances which gave rise to the grievance.
STEP 1. If an Employee has a grievance, he shall first consult the Chief or his
designee and an earnest effort shall be made to adjust the grievance in an informal
manner. The Chief or his designee shall act or render his decision on the grievance
within one (1) week from the submission of the grievance. In the event the
grievance is not satisfactorily settled, the decision may be appealed to subsequent
steps of this grievance procedure.
STEP 2. If the grievance is not adjusted in Step 1, the grievance shall then be
reduced to writing by the Employee to the Board of Selectmen which shall meet
with the Employee within fourteen(14) days from the time the grievance is received.
The Board will within fourteen (14) days after such meeting render their decision in
writing to the Employee.
STEP 3. If the grievance is not adjusted at Step 2, then within fourteen(14) days of
the decision at Step 2, the Association may submit the grievance to final and binding
arbitration pursuant to the rules of the American Arbitration Association and the
provisions of General Laws, Chapter 150C.
D.
Disposition of any grievance not appealed within the specified time limit, shall be
considered final. The time limits expressed herein may be extended by written
agreement ofthe parties. Failure ofthe Town to give timely notice ofthe disposition
of any grievance or appeal shall be deemed a denial thereof.
26
ARTICLE XXV
Final Agreement
A.
The parties acknowledge that during the negotiations which resulted in this
Agreement, both have had the unlimited right and opportunity to make demands and
proposals with respect to all proper subjects of collective bargaining and that all
subjects placed on the bargaining table have been discussed and negotiated and that
the agreements contained in this contract were arrived at after free exercise of such
rights and opportunities. Therefore, neither party shall be obligated to bargain
collectively with regard to any subject ar matter referred to or covered by this
Agreement.
B.
Handling of New Issues
Mandatory subjects of collective bargaining not covered by this Agreement may,
during the life ofthe Agreement, be handled in the following manner:
By the Town:
With respect to matters not covered by this Agreement which are mandatory
subjects for collective bargaining, the Town agrees it will make no changes without
prior consultation and negotiation with the Union.
By the Association:
In any matter not covered by this Agreement which is a mandatory subject for
collective bargaining, the Union may raise such issues with the Town for
consultation and negotiation, except that the Association shall not renew or seek to
renew any question introduced, debated and settled, either negatively or
affirmatively, during the bargaining prior to final settlement.
ARTICLE XXVI
Difference In Grade
Lieutenants:
The difference in grade between Firefighter, Step 5 and Lieutenant is 19%.
Captain:
The difference in grade between Lieutenant and Captain shall be 16.25%.
27
ARTICLE XXVII
Physical Fitness Program
The Town of Canton will reimburse up to one-half the cost of the annual fee, not to
exceed two hundred dollars ($200) in the employee's first year of enrollment and one
hundred fifty dollars($150)in subsequent years, at a health club approved by the Fire Chief.
The Union will provide a list of not more than five (5) health clubs to the Fire Chief
for approval. Only recognized professional health facilities are eligible for consideration.
In order to be reimbursed under this Article, employees must provide satisfactory
evidence of participation to the Chief in the form of quarterly progress reports. A receipted
bill shall be provided to the Chief before Town payment can be made. The Town will pay
one-half of its share after receiving the receipted bill and one-half after six (6) months of
participation.
Employees must pass a physical examination before joining a health club. The
Town will pay the cost of a complete physical examination for each employee every two
years. The cost of this physical shall not exceed three hundred and thirty-five dollars
($335.00) and the results shall be confidential between the doctor and the employee.
ARTICLE XXVIII
Sick Bank
1.
A sick bank shall be established through the voluntary contribution by members of
Local 1580, IAFF, of sick leave days credited to each member's sick leave record.
Members shall contribute no less than one day of sick leave to this sick bank per
year. Additional contributions of up to eight(8)days per year may be made.
2.
Employees shall be eligible to utilize the additional leave made available to them by
this policy upon written application to the Sick Bank Committee, not more than two
weeks prior to the expected e~austion of their available sick leave, vacation leave,
personal leave and compensatory time. Employees shall receive their current hourly
rate regardless ofthe rate of pay ofthe Employee who donates the hour.
28
3.
On July 1 of each year, a member who contributes any amount of sick leave days
shall sign a statement indicating the amount of leave being contributed and forward
it to the Fire Chief, who shall maintain a record of said contributions.
4.
A member shall not contribute sick leave days that are not yet credited to him.
5.
Any sick leave advanced by members to the sick leave bank which is not used shall
remain in the sick leave bank.
6.
When an Employee's medical condition renders him able to return to regular duty,
he shall do so. Failure to do so shall cause his sick bank donation utilization to
cease. He shall submit medical reports of his condition to the Chief, upon the
Chiefs request, in order for the Chiefto enforce this provision.
7.
Employees shall be eligible to join the sick bank only after one (1) full year of
employment.
8.
The Sick Bank Committee shall consist ofthe following:
A.
B.
C.
D.
E.
9.
The president of Local 1580;
Amember-at-large, Local 1580;
The Chief ofthe Fire Department;
The Executive Secretary; and
A Selectman or a designee.
The following criteria shall be used by the Sick Bank Committee in deterniining
eligibility:
A.
B.
C.
D.
10.
adequate medical evidence of serious illness or injury;
prior utilization of sick leave over at least the last five(5) years;
propriety in the use of sick leave; and
length of service in the Town of Canton.
The initial sick leave grant shall be for up to thirty (30) days. Additional tune may
be granted by the Sick Bank Committee upon the demonstration of need by the
employee in increments offifteen(15) days.
1 1.
Any employee who uses the Sick Bank shall be required to pay back to the Sick
Bank whatever days that were used.
29
12.
If the Sick Bank is exhausted at any time, it shall be renewed by the contribution of
one(1)additional sick day by each employee.
13.
Any employee who has joined the sick bank must have at least a minimum of three
(3) years in the sick bank before eligibility.
14.
Decisions ofthe Sick Bank Committee are not subject to the grievance procedure of
this Agreement.
ARTICLE XXIX
Hepatitis B
The Town will pay the cost for employees to receive Hepatitis B shots.
ARTICLE XXX
Training
The Town will provide twenty-four (24) hours of training to each member of the
bargaining unit. Employees will receive the training when they are not scheduled to work
and they will be compensated at their regular hourly rate for such training.
ARTICLE X:XXI
Limited Duty
Section 1: An employee who is receiving line of duty injury benefits under G.L. c.41,
§111F and who is certified (at the Town's expense) by aTown-designated physician to be
able to perform limited fire duties may be required by the Chief to perform lvnited duty in
accordance with the procedures outlined in this Article.
Section 2:
a) If, upon notification from the Chief, an employee disagrees with the Towndesignated physician's determination that the employee may be assigned to limited duty, the
employee may, at his/her own expense, be examined by a physician of his/her own choosing
as expeditiously as possible. The employee's physician shall notify the Chief in writing of
his/her determination of the employee's fitness to perform limited duty as soon as possible
after such examination.
30
b) If the report ofthe employee's physician approves the assignment of limited duty,
the employee shall forthwith report for limited duty.
c) If the report of the employee's physician does not approve the assignment of
limited duty, the employee shall be examined by a neutral physician who is a specialist in
the area of the employee's injury. The neutral physician shall be designated jointly by the
Town's physician and the employee's physician as soon as practicable under the
circumstances. The two (2) physicians shall endeavor to designate a neutral physician
capable of examining the employee within seven (7) calendar days of his/her designation as
the neutral physician. The costs ofthe neutral physician shall be borne by the Town.
d) If the report ofthe neutral physician approves the assignment of limited duty, the
employee shall forthwith report for limited duty. If the report does not approve the
assignment of limited duty, the employee shall remain on injured leave under G.L. c. 41,
§111F.
e) The Town shall provide each physician who administers an examination under
this procedure a detailed analysis of the physical requirements of the tasks) to which the
employee shall be assigned if returned to limited duty. The physician shall be asked to make
his/her determination of the fitness ofthe exa~llined employee to perform limited duty based
on the specific physical requirements of each limited duty task. Each physician who
determines that an examined employee is capable of being assigned to limited duty shall be
required to specify in his/her report which lunited duty tasks the examined employee is
capable of performing and the recommended number of hours per day and per week that the
employee may be assigned to limited duty.
~ If it is determined that the employee is not capable of performing the limited duty
assignment, the Town may reasonably require reexamination consistent with prior medical
examinations.
31
Section 3: Limited duty tasks shall be limited to duties that are regularly performed by fulltime members of the Department and that are consistent with the employee's medical
diagnosis. Employees may occasionally be assigned limited duty tasks outside of the fire
station that are regularly performed by members ofthe fire deparhnent.
Section 4: It is understood by the parties that an employee will not be required to report for
limited duty and sit idly if there is no legitimate limited duty work available.
Section 5: The Town agrees that an employee who works less than a full week of limited
duty shall be considered to be on injured leave for that portion of the regular work week
during which the employee does not perform limited duty, and the employee shall be paid
for such time in accordance with G.L. c. 41,§111F.
Section 6: The Chief may assign employees to limited duty on any shift.
Section 7: Limited duty shall be made available on a voluntary basis to employees on longterm sick leave if the employees provide to the Town a medical release establishing their
fitness for lunited duty.
Section 8: Employees participating in light duty status shall receive full wage and benefit
package.
Secfion 9: In no way shall light duty compromise the ability of an employee to seek an
accidental disability retirement.
Secfion 10: In the event an employee is assigned to light duty, such light duty shall not
interfere with ongoing medical treahnent.
Secfion 11: Light duty personnel shall not be considered as part of any contractual manning
level.
32
ARTICLE XXXII
Duration
This Agreement shall become effective on July 1, 2015 and remain in effect through
June 30, 2018. The Employer and the Union agree to enter into negotiations for a successor
Agreement no later than January 1, 2018. If the parties fail to agree on a new contract by
June 30, 2018, the current Agreement will remain in effect until a new Agreement is
negotiated.
ARTICLE XYXIII
Performance Appraisal
Employees will receive an annual performance evaluation by the Fire Chief or his
designee. The evaluation is for internal purposes only and inay not be used to deprive a
firefighter of a step increment on the salary scale. The parties agree to establish a Joint
Labor-Management Committee consisting of three (3) persons designated by the Town
and three (3) persons designated by the Union to discuss and establish the internal
purposes for which performance evaluation shall be used and the procedures, instrument,
and training to be used in the new performance appraisal system. This system shall be
implemented effective July 1, 2003. Any individual performance evaluation given the
firefighter shall be subject to the contractual grievance arbitration procedure.
ARTICLE XXXIV
Norfolk County Central Dispatch
A.
Before the Town of Canton joins NCCD, there will be an observation period of
twelve (12) months beginning on July 1, 2012 and ending on June 30, 2013 to
address any safety and/or operational concerns identified by either party.
B.
The Town agrees to conduct a study, at Town expense, involving Union
representation, focusing on evaluating current staffing levels and potential staffing
recommendations based on participation in Norfolk County Dispatch. The study
will have an emphasis on Safety, Operations and Sustainability.
33
C.
The Union shall have at least six (6) months to evaluate the staffing study prior to
utilizing the services of NCCD.
D.
The parties acknowledge that the conditions for participation in NCCD that are
listed in the prior contract have been met.
E.
Civilian Dispatch —The parties agree to discuss and negotiate the Town's
proposal to implement Civilian Dispatch. The Town agrees to provide a written
civilian dispatch plan description to the Union for their review and approval.
ARTICLE XXXV
Drub and Alcohol Testing
Parties agree to a Drug and Alcohol Policy —See Attacl~unent B for details.
ARTICLE XXXVI
License To Operate
All members of the bargaining unit are required to notify the Fire Chief immediately upon
notification that their right to operate a motor vehicle has been suspended, revoked or
otherwise restricted.
34
IN WITNESS WHEREOF,the parties hereto do set their hands and seals
'~
this~~,~ day of
,2015.
~~ ~
FOR THE TOWN OF CANTON
FOR THE ASSOCIATION
~~~~
t
DATE:
DATE:
~~a~~~~
F:\CantonFF\Negotiations 2015\misc~Agreement2015-2018 flocs
35
~
~j
ATTACHMENT A
WAGE SCHEDULES
Comments
FY 18
(Effective
6/30/18)
FI' 16 2%
7/1/15 —
6/30/16
FY 17 2%
7/1/16 —
7/30/17
FY 18 2%
7/1/17 —
6/29/18
Step 1 —starting rate
$48,080.70
$49,042.32
$50,023.16
$53,223.16
Ste 2 —after 1 yr of em loyment
$50,640.44
$51,653.25
$52,686.32
$55,886.32
Ste 3 —after 2 yrs of em loyment
$53,201.33
$54,265.36
$55,350.66
$58,550.66
Ste 4 —after 3 yrs of em loyment
$55,763.40
$56,878.67
$58,016.24
$61,216.24
Ste 5 —after 4 yrs ofem loyment
$58,324.29
$59,490.77
$60,680.59
$63,880.59
Ste 6 —after 20 yrs of em loyment
$61,241.50
$62,456.31
$63,714.62
5%over Ste 5 Firefighter
$67,074.62
Ste 1
$69,405.90
$70,794.02
$72,209.90
19%over Ste 5 Firefighter
$76,017.90
Step 2 —after 20 yrs of employment
$72,876.20
$74,333.72
$75,820.40
5%over Step 1 Lieutenant
$79,818.80
Step 1
$80,684.36
$82,298.05
$83,944.01
16.25°/a over Step 1
Lieutenant
$88,370.81
Ste 2 —after 20 yrs of em loyment
$84,718.58
$86,412.95
$88,141.21
5%over Step 1 Captain
$92,789.35
Step 1
$22,360.08
$22,807.28
$23,263.42
Step 1 Captain vs.
Ste 5 Firefighter
$24,490.22
Step 2 —after 20 yrs of employment
$23,478.08
$23,947.64
$24,426.59
Step 2 Captain vs.
Step 6 Firefighter
$25,714.73
Firefi hter 42 Hr. work week)
Lieutenant 42 Hr. work week
Ca taro 42 Hr. work week)
EMS Coordinator Sti eud
36
ATTACHMENT B
DRUG AND ALCOHOL TESTING
Prohibited Conduct
1.
2.
3.
The following conduct shall constitute an offense under this Article.
a. The possession, use, transfer, manufacture or sale of any illegal drug.
b. The possession or use of alcohol during working hours, or while using
Town vehicles or facilities.
c. Driving under the influence of alcohol or drugs.
d. Reporting to work with the metabolite of an illegal substance in the body,
with a blood alcohol level above 0.02, or impaired by drugs or alcohol.
e. Commission of any drug or alcohol related offense.
Any employee who is convicted of adrug-related offense or driving while
intoxicated must notify the Chief immediately, irrespective of whether the
conduct occurred during working time.
For purposes of this Section, possession shall refer to unauthorized
possession.
Prohibited Drugs
For the purposes of this Article, prohibited drugs include all substances included in
Schedules I through III of the Controlled Substances Act (21 U.S.C. section 812).
Included among those drugs are marijuana, cocaine, opiates, phencyclidine (PCP),
amphetamines and methamphetamines. Possession of a controlled substance without a
doctor's prescription or other legal authorization violates this Article and maybe illegal.
An employee who is taking a controlled substance under a valid prescription should
check with his or her physician to ensure that the medication will not interfere with the
employee's ability to work safely and efficiently. Any questions or doubts should be
raised with the Chief. Employees are required to take whatever steps are necessary to
allow the Chief to communicate with the physician prescribing the medications. Abuse
of validly obtained prescription drugs will be treated in the same manner as abuse of
alcohol. Abuse of prescription drugs in all other cases will be treated as abuse of illegal
drugs.
37
Drug and Alcohol Testing
Employees are required to submit to drug and/or alcohol testing in the
following situations:
a. New Hires:
Each new employee will submit to a drug test shortly after his or her
date of hire.
b. Reasonable Suspicion:
When the Town has reason to believe that an employee has reported to
work or is working while impaired by drugs or alcohol, or has used
illegal drugs, the Town will direct the employee to report for a drug
and/or alcohol test.
c. Post-Incident:
Any employee involved in a serious accident/incident causing
significant bodily injury or property damage on the job involving an
unsafe practice or violation of a safety rule, standard or policy, may be
directed by the Town to submit to a drug and/or alcohol test.
d. Follow-up Testing;
An employee who has violated the drug and alcohol policy, may be
required to submit to follow-up testing as a condition of his or her
continued employment. A program of follow-up testing will be set
forth in writing and will continue for a set period of time. During a
follow-up testing period, an employee will be subject to unannounced
testing for drugs and/or alcohol for a period of one (1) year.
e. Failure to Submit to Testing:
A failure or refusal to submit to testing as outlined above, or refusal to
cooperate with the testing laboratory shall be treated as Prohibited
Conduct.
f. Training:
Training will be provided to all Fire Department Officers on how to
identify and handle situations when it maybe suspected that a member
came to work with a problem. This training would also be provided to
every new officer that was promoted from the rank of firefighter.
38
2. Alcohol Testing Procedures:
The Town will direct the employee to report to the testing site for a breathalyzer
test. A breathalyzer test will be administered by a qualified operator selected by
the Town, including but not limited to a Canton police officer. The employee's
blood alcohol level shall be reported to the Town immediately.
3. Dru Testing Procedures:
a. Collection:
An employee subject to drug testing will be directed in writing to report at
a specified time to the testing site. Collection of a urine sample will be
supervised by qualified medical personnel, in accordance with the
procedures established by the testing laboratory. The sample will be
properly sealed and labeled, in the employee's presence, to avoid
contamination, tampering or confusion of samples. Employees reporting
for a drug test should be prepared to produce picture identification. If an
employee has taken any prescription drugs, or has any other reason to
believe that the test will result in a false positive, the employee must
inform the testing laboratory before taking the test.
b. Processing:
Urine samples will be screened initially by an Immunoassay or
comparable screening test, with positive results confirmed by Gas
Chromatography/Mass Spectrometry or a comparable confirmatory test.
Testing will be performed in accordance with federal government
standards, under the supervision of qualified medical and laboratory
personnel employed by the testing laboratory. The laboratory will test all
samples for the presence of marijuana, cocaine, opiates,
phencyclidine(PCP),and amphetamines/
methamphetamines.
c. Reporting of Results
The results of a drug or alcohol test will be reported verbally and in
writing to the Chief or, in the absence of the Chief, the Acting Chief. The
testing laboratory will reveal to the designated official only whether the
employee has received a result of negative for drugs or positive for drugs.
The results of the test will be maintained in the strictest confidence by the
Town and will not be disseminated except on a "need to know" basis.
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Positive Results: Before a positive test is reported to the Town by the
testing laboratory, the doctor who interprets the results ("Medical review
Officer") will consider whether the positive test result was caused by legal
drug use (pursuant to a validly obtained prescription). The Medical
review Officer shall require that the employee produce any necessary
written proof, and the employee shall authorize the Medical Review
Officer to obtain further information from his or her health care providers.
If the Medical Review Officer determines that the employee's explanation
is medically corroborated by the test results (e.g., the substance identified
in the test is contained in the prescribed drug)then the test will be reported
to the Town as "negative". The laboratory will not provide to the Town
any information it learns concerning prescription drugs that the employee
is taking pursuant to a validly obtained prescription. If the Medical
Review Officer is unable to obtain the employee's cooperation in order to
make this determination, the positive result will be reported to the
employer.
d. The Testing Laboratory
The testing laboratory shall be selected by the Town from among
laboratories that are certified by the State or Federal Government.
Searches
The Fire Chief or his designee has the right to search for alcohol or drugs on Town
owned or controlled premises, including in desks, tool boxes, Town vehicles, lockers, or
in other Town owned or controlled containers on the premises that may conceal
substances prohibited by this policy. Such search shall be conducted with the assistance
of, and in conjunction with a designated law enforcement official as determined by the
Town(Chief.
F.nfnrrPmpnt
1. Any employee who violates this Article will be subject to discipline up to and
including discharge. In such a case, the employee's continued employment
may be subject to certain conditions, which may include participation in a
rehabilitation program and/or follow-up drug and alcohol testing.
2. In the case of the first offense involving the abuse of alcohol or validly
obtained prescription drugs, the Town may take disciplinary action exclusive
of discharge. In order to qualify for this safe harbor for the first offense, the
employee shall be required to meet the following conditions:
a. The employee will be screened and evaluated for substance abuse by a
substance abuse professional("SAP")designated by the Town.
.~
b. The SAP will provide the results of the screening and evaluation to the
employee and to the Town, along with the SAP's recommendations for
treatment. The employee shall take any necessary steps to release the
SAP to communicate and share information with the Town.
c. The recommended treatment plan will be set forth in writing, and shall
include a set period of follow up testing, based upon the
recommendation of the SAP. The employee shall be required to abide
by all aspects ofthe treatment plan.
d. The employee shall bear the responsibility for the cost of the
evaluation and any treatment recommended, to the extent it is not
covered by health insurance. Any leave required for the purpose of
attending treatment, or due to the employee's incapacity to perform the
essential functions of the job, shall be unpaid. However, unpaid leave
may be covered by accrued paid leave to the extent permitted by the
Town's Family and Medical Leave Policy, except where the leave runs
concurrently with a disciplinary suspension.
e. Failure to abide by the conditions herein, or the treatment plan, or any
subsequent violation of this Article, shall subject the employee to
discipline up to and including discharge.
Employee Assistance Program
Any Town employee may receive assistance with treatment of a drug or alcohol
dependency problem through the employee assistance program ("EAP"). Employees
may voluntarily request such help or the Town may require participation in the EAP as a
condition of continued employment. An employee's participation in the EAP is treated
confidentially. Participation in any program or treatment through the EAP will not be
disclosed to the Town without the participant's written permission. In cases where
participation in the EAP is required as a condition of employment, the employee will be
required to permit the Town to be informed only whether the employee is participating as
required (i.e., keeping scheduled appoinhnents).
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