Fire Department Employment Policies

88 Questions

What is the 'station' for personnel assigned as a Safety Officer, EMS Duty Officer, to ECC, or to Scheduling?

Their regular work assignment

Who has priority to be hired on overtime in Fire Fighter and Master Fire Fighter/Rescuer positions?

Bargaining unit employees in the rank of Fire Fighter/Rescuer I

When can non-bargaining unit employees be hired for overtime in a position regularly assigned to a bargaining unit employee?

When no qualified bargaining unit employees are available

How is compensatory time granted to eligible employees?

At the rate of 1½ times the excess hours worked

What happens to an employee's accrued compensatory leave when they leave the County service?

It is paid out at the employee's current rate of pay

What is the priority for hiring on overtime in officer positions on Engines, Trucks, and Rescue Squads?

Bargaining unit employees in the rank of Fire/Rescue Lieutenant

Who is given priority to be hired on overtime in Fire Fighter and Master Fire Fighter/Rescuer positions until the list is exhausted?

Bargaining unit employees in the ranks of Master Fire Fighter/Rescuer and Fire Fighter/Rescuer

What is the requirement for overtime pay when budgetary limitations preclude monetary payment?

Compensatory time at 1½ times the excess hours worked

What is the purpose of the job sharing program?

To provide an opportunity for bargaining unit members to work part-time

How many hours do bargaining unit members work in a part-time/half-time position if they work a 40 hour work week?

Twenty (20) hours

Who determines work assignments for bargaining unit members in a job sharing program?

The employer

How are bargaining unit members in a part-time/half-time position compensated?

At their regular hourly rate of pay

What happens if a bargaining unit member works in excess of their regular workday?

They are compensated at time and one-half

How many hours is the regular workweek for bargaining unit members in a part-time/half-time position?

Twenty (20), twenty-one (21), or twenty-four (24) hours

Who determines the schedule for Job Sharing employees?

The employer

What is the main consideration for bargaining unit members in a job sharing program?

Flexibility in scheduling

What happens to bargaining unit members appointed to serve on a joint labor-management committee by the Union President?

They are compensated consistent with Section 14.1 of this Article when required to attend a committee meeting on their day off

What is the definition of Involuntary Overtime?

Hours worked by an employee under the conditions stated in Section 14.4

What happens when there is an insufficient number of bargaining unit employees who have previously signed up to work overtime on a given day?

The steps outlined in Section 14.4 must be taken before any bargaining unit employee is assigned to work involuntary overtime

What is the purpose of the notification sent through the MCEN system?

To notify employees that personnel may be assigned involuntary overtime and the work hours involved

Who is responsible for informing on-duty personnel of the potential for involuntary overtime?

Each station officer

What happens when an employee is held beyond the end of their scheduled work hours on incidents or responds to incidents before or after their scheduled work hours?

They are not considered to be working involuntary overtime

What is the purpose of Section 14.1 of this Article?

To determine compensation for attending committee meetings on days off

Who appoints bargaining unit members to serve on a joint labor-management committee?

The Union President

Under what circumstances will a bargaining unit member be compensated consistent with Section 14.1 of this Article?

When required to attend a committee meeting on their day off

What is the definition of Involuntary Overtime?

Hours worked by an employee beyond their scheduled work hours due to a staffing shortage

What steps must be taken when it is apparent that overtime hiring will be required on a given day?

Send a notification through the MCEN system to all bargaining unit members

Who is responsible for informing on-duty personnel of the potential for involuntary overtime?

Each station officer

What happens when an employee is held beyond the end of their scheduled work hours on incidents?

They are not considered to be working involuntary overtime

What is the purpose of the notification sent through the MCEN system?

To notify employees of potential involuntary overtime

What happens when there is an insufficient number of bargaining unit employees who have previously signed up to work overtime on a given day?

The remaining employees are required to work involuntary overtime

Who appoints bargaining unit members to serve on a joint labor-management committee?

The Union President

What is the process for appealing a denial of LWOP?

Filing a grievance under Article 38

What is the maximum duration of LWOP that the Employer may approve?

One year or less

What happens if an employee has used more than 12 consecutive months of LWOP?

The Employer may terminate the employee's employment or take another action consistent with State or Federal law

Under what circumstances may the Employer require an employee to waive the right to be reinstated to their position after LWOP?

If the Employer approves more than 90 consecutive calendar days of LWOP

What happens to an employee's annual and sick leave accrual while they are on LWOP?

The employee's accrual is suspended for the duration of LWOP

What happens to an employee's service increment date if they use more than 28 calendar days of LWOP?

The employee's service increment date is reassigned

What is the exception to the rule that an employee's accrual is suspended while they are on LWOP?

Section 12-7 (c) above

In a job sharing program, what is the regular workweek for bargaining unit employees who work a 48 hour work week?

Twenty-four (24) hours

What happens if an employee uses LWOP for more than 4 consecutive weeks?

The Employer must delay the date on which the employee is eligible for a higher annual leave accrual rate

What determines the work assignments for bargaining unit members in a job sharing program?

The employer

How are bargaining unit employees in a part-time/half-time position compensated for work in excess of their regular workday?

At the rate of time and one-half

What is the purpose of the job sharing program?

To provide more flexible work arrangements

How many hours do bargaining unit members work in a part-time/half-time position if they work a 42 hour work week?

Twenty-one (21) hours

Who determines the schedule for Job Sharing employees?

The employer

How are bargaining unit employees in a part-time/half-time position compensated for regular hours worked?

At their regular hourly rate of pay

What is the regular workweek for bargaining unit employees in a part-time/half-time position if they work a 40 hour work week?

Twenty (20) hours

What is the minimum number of consecutive work hours an employee who is scheduled to work 2,496 hours per year must be unable to report to work due to illness or injury?

72 hours

Who defines the term 'domestic partner' in this Agreement?

Section 40.4 of this Agreement

What must an employee do with the medical documentation obtained from a physician or other licensed healthcare provider?

Forward it electronically to the Battalion Chief

Under what circumstances may the Battalion Chief require an employee to obtain medical clearance?

If the Battalion Chief believes the employee is not medically fit for full duty

What is the consequence if an employee is unable to report to work due to illness or injury for more than a certain number of consecutive work hours?

The employee must obtain documentation from a physician or other licensed healthcare provider

What is the purpose of the documentation obtained from a physician or other licensed healthcare provider?

To confirm the employee was under the physician's care

What is the term for the person or persons to whom the care of the bargaining unit employee was assigned by court or other judicial body before the bargaining unit employee reached the age of majority?

Legal Guardian

Who does not include individuals licensed through MIEMSS?

Other Licensed Healthcare Providers

What is the minimum number of calendar days prior to the hearing date that a request for continuance must be submitted to the arbitrator?

Five (5) days

Under what circumstances may the arbitrator grant a request for continuance?

Where good cause is shown or with the agreement of the parties

How are the costs of transcription shared between the parties?

The costs are split equally between the parties

What is the arbitrator's authority with respect to grievability and arbitrability determinations?

The arbitrator makes binding determinations prior to addressing the merits of the original grievance

What happens if the Employer declares a grievance non-arbitrable or non-grievable?

The original grievance is amended to include the issue of non-grievability

Who determines which witnesses are heard in the arbitration proceeding?

The arbitrator

What is the requirement for witnesses testifying in the arbitration proceeding?

They must have direct knowledge of the facts on which the charges are based

How are the costs of the arbitrator and/or court reporter shared between the parties?

The costs are split equally between the parties

What is the purpose of closing the hearing to the public?

To ensure the integrity of the arbitration process

What is the role of the arbitrator in the arbitration process?

To observe the spirit of the Rules of Evidence

What happens if the arbitrator determines that witness testimony is irrelevant?

The witness is excluded from the arbitration process

What is the purpose of post-hearing briefs?

To facilitate fair consideration and disposition of the grievance

How long does the arbitrator have to issue a decision after all briefs are submitted?

At least 30 calendar days

What is the format of the arbitrator's decision?

Written decision only

What is the purpose of taking witness testimony under oath or affirmation?

To ensure the witness tells the truth

What happens if a grievance does not involve a disciplinary action?

The witness restrictions do not apply

How long does the arbitrator have to issue a written decision if the parties do not submit written briefs?

Thirty (30) calendar days

Under what circumstances can the arbitrator's opinion be waived?

Upon written consent of both parties

Which act governs this Article?

Maryland Uniform Arbitration Act (MUAA)

What is the extent of the arbitrator's authority?

The arbitrator can only make an opinion or award

Under what circumstances can a party petition the arbitrator to reconsider their decision?

Pursuant to and in accordance with the MUAA

What is the work schedule for bargaining unit members in a part-time/half-time position if they work a 48 hour work week?

Twenty-four (24) hours per week

What is the standard for awarding reasonable attorney fees and costs?

The standards set forth in Allen v. United States Postal Service

What determines the work assignments for bargaining unit members in a job sharing program?

The employer

What happens to the arbitrator's decision if a party appeals it?

The arbitrator's decision is subject to review by a higher authority

How are bargaining unit employees in a part-time/half-time position compensated for work in excess of their regular workday?

At a rate of time and one-half

What is the purpose of the job sharing program?

To share a full-time bargaining unit job between two members

What is the purpose of serving copies of transcripts, briefs, and decisions on the other party and the arbitrator?

To ensure that all parties have access to relevant information

How many hours do bargaining unit members work in a part-time/half-time position if they work a 42 hour work week?

Twenty-one (21) hours per week

Who determines the schedule for Job Sharing employees?

The employer

How are bargaining unit employees in a part-time/half-time position compensated for regular hours worked?

At their regular hourly rate

What is the regular workweek for bargaining unit employees in a part-time/half-time position?

Twenty (20), twenty-one (21), or twenty-four (24) hours, as applicable

Study Notes

Personnel Assignments

For personnel assigned as Safety Officer, EMS Duty Officer, or to ECC, or to Scheduling, their "station" is their regular work assignment.
They will be assigned a battalion equivalent.

Overtime Hiring

Fire Fighter / Rescuer I who have achieved merit system status will be hired on overtime for officer positions on Engines, Trucks, and Rescue Squads prior to bargaining unit employees in other rank classifications.
Bargaining unit employees in the rank classifications of Master Fire Fighter / Rescuer, Fire Fighter / Rescuer I, Fire Fighter / Rescuer II, and Fire Fighter / Rescuer III will be given priority to be hired on overtime in Fire Fighter and Master Fire Fighter / Rescuer positions until the list of qualified bargaining unit Fire Fighters and Master Fire Fighters has been exhausted.
Non-bargaining unit employees will not be hired for overtime in any position regularly assigned to a bargaining unit employee unless no qualified bargaining unit employees are available to work.

Compensatory Time

The Chief Administrative Officer or designee may grant to eligible employees compensatory time at 1½ times the excess hours worked when budgetary limitations preclude the monetary payment of overtime compensation, except when the Fair Labor Standards Act requires overtime pay.
Upon leaving the County service, an employee must receive a lump-sum payment at the employee's current rate of pay for the total accrued compensatory leave as of the date of separation, less any indebtedness to the County Government.

Any two bargaining unit members of the same class specification who work a 40 hour work week may apply for this program by requesting a part-time/half-time position, whereby each member works twenty (20) hours per week and thereby shares a full-time bargaining unit job.
Work assignments shall be determined by the employer.
Similar job sharing arrangements exist for 42 hour and 48 hour work weeks.

Bargaining unit employees in part-time/half-time position(s) will be compensated at their regular hourly rate of pay for all regular hours worked.
Work in excess of the regular workday (eight, ten, twelve, or twenty-four hours, as applicable) or forty (40), forty-two (42), or forty-eight (48) hours, (as applicable) per week shall be compensated at the rate of time and one-half.

The regular workweek for bargaining unit employees in part-time/half-time position(s) will be twenty (20), twenty-one (21), or twenty-four (24) hours, as applicable (half-time), except for mandatory in-service training and for approved additional hours worked voluntarily.
The employer shall determine the schedule for Job Sharing employees.

Committee Assignments

All bargaining unit members appointed to serve on a joint labor-management committee by the Union President shall be compensated consistent with Section 14.1 of this Article when required to attend a committee meeting on their day off except as otherwise provided for in this Agreement.

Involuntary Overtime

Involuntary Overtime is defined as hours worked by an employee under certain conditions, including when the employee has not signed up to work voluntary overtime on a given day and has been ordered to remain on-duty following the end of their scheduled work hours that day due to a staffing shortage.
When it is apparent that overtime hiring will be required on a given day, and there is an insufficient number of bargaining unit employees who have previously signed up to work overtime that day on a voluntary basis, the following steps must be taken before any bargaining unit employee is assigned to work involuntary overtime.

Leave Without Pay (LWOP)

An employee's request to use LWOP may be approved by the Employer after considering the employee's reason and the impact on the division's work.
An employee may appeal a denial of LWOP by filing a grievance under Article 38 of the Agreement.

Limits on LWOP

The Employer may approve LWOP for an employee for one year or less.
If an employee has used more than 12 consecutive months of LWOP, the Employer may terminate the employee's employment or take another action consistent with State or Federal law.
If the Employer approves more than 90 consecutive calendar days of LWOP, the Employer may require the employee to waive the right to be reinstated to their position after the approved LWOP period ends, unless the LWOP is for FMLA leave, parental leave, military leave, or leave approved for an employee who is a member of the General Assembly.

Effect on Employee Benefits

An employee does not accrue annual or sick leave while using LWOP, except as provided in Section 12-7 (c).
The Employer must delay the date on which the employee is eligible for a higher annual leave accrual rate for the same length of time that the employee was on LWOP, if the employee uses LWOP for more than 4 consecutive weeks.
The Employer must reassign the service increment date of an employee who uses more than 28 calendar days of LWOP, unless the LWOP is for FMLA leave.

Committee Assignments

Bargaining unit members appointed to serve on a joint labor-management committee by the Union President shall be compensated consistent with Section 14.1 of this Article when required to attend a committee meeting on their day off.

Involuntary Overtime

Involuntary Overtime is defined as hours worked by an employee under the following conditions: the employee has not signed up to work voluntary overtime on a given day and has been ordered to remain on-duty following the end of their scheduled work hours due to a staffing shortage.
When it is apparent that overtime hiring will be required on a given day, and there is an insufficient number of bargaining unit employees who have previously signed up to work overtime, the following steps must be taken before any bargaining unit employee is assigned to work involuntary overtime:
- A Department official will send a notification through the MCEN system to all bargaining unit members.
- Each station officer will be informed to advise on-duty personnel in their station that the potential for involuntary overtime exists.

Any two bargaining unit members of the same class specification who work a 40 hour work week may apply for this program by requesting a part-time/half-time position, whereby each member works twenty (20) hours per week and shares a full-time bargaining unit job.
Any two bargaining unit members of the same class specification who work a 42 hour work week may apply for this program by requesting a part-time/half-time position, whereby each member works twenty-one (21) hours per week and shares a full-time bargaining unit job.
Any two bargaining unit members of the same class specification who work a 48 hour work week may apply for this program by requesting a part-time/half-time position, whereby each member works twenty-four (24) hours per week and shares a full-time bargaining unit job.
The Employer shall determine work assignments.

Compensation and Hours

Bargaining unit employees in part-time/half-time position(s) will be compensated at their regular hourly rate of pay for all regular hours worked.
Work in excess of the regular workday (eight, ten, twelve, or twenty-four hours, as applicable) or forty (40), forty-two (42), or forty-eight (48) hours, (as applicable) per week shall be compensated at the rate of time and one-half.
The regular workweek for bargaining unit employees in part-time/half-time position(s) will be twenty (20), twenty-one (21), or twenty-four (24) hours, as applicable (half-time), except for mandatory in-service training and for approved additional hours worked voluntarily.
The Employer shall determine the schedule for Job Sharing employees.

Employee Leave and Sick Leave

During any 12-month period, employees who are scheduled to work 2,496 hours per year and are unable to report to work for more than 72 consecutive work hours due to illness or injury must obtain documentation from a physician or licensed healthcare provider.
Similarly, employees scheduled to work 2,184 hours per year must obtain documentation for more than 48 consecutive work hours, and those scheduled to work 2,080 hours per year must obtain documentation for more than 40 consecutive work hours.
The medical documentation must be submitted before the end of the employee's next working shift after taking sick leave.

Arbitration Proceedings

The arbitrator has the authority to make all arbitrability and grievability determinations.
The arbitrator shall make grievability and arbitrability determinations prior to addressing the merits of the original grievance.
Only witnesses with direct knowledge of the facts on which the charges are based will be heard.
The arbitrator may exclude testimony or evidence that is irrelevant, unduly prejudicial, or repetitious.
Witness testimony shall be under oath or affirmation.
The arbitrator may direct the parties to submit post-hearing briefs if necessary.

Any two bargaining unit members of the same class specification who work a 40, 42, or 48 hour work week may apply for the Job Sharing program.
In this program, each member works 20, 21, or 24 hours per week and shares a full-time bargaining unit job.
Work assignments shall be determined by the employer.
Bargaining unit employees in part-time/half-time positions will be compensated at their regular hourly rate of pay for all regular hours worked.
Work in excess of the regular workday or 40, 42, or 48 hours per week shall be compensated at the rate of time and one-half.

This quiz covers employment policies for fire department personnel, including bargaining unit employees, shift assignments, and overtime rules.

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