Collective Bargaining Agreement PDF by Lexington-Fayette Urban County Government and Lexington Professional Firefighters IAFF Local 526

COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT AND LEXINGTON PROFESSIONAL FIREFIGHTERS IAFF LOCAL 526 Firefighters, Lieutenants and Captains July 1, 2021 - June 30, 2024...

COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT AND LEXINGTON PROFESSIONAL FIREFIGHTERS IAFF LOCAL 526 Firefighters, Lieutenants and Captains July 1, 2021 - June 30, 2024  TABLE OF CONTENTS Article Title Page Preamble........................................................................................................................................... 4 1. Union Recognition................................................................................................................ 4 2. Management Rights of LFUCG............................................................................................. 4 3. Work Rules........................................................................................................................... 5 4. Non-Discrimination.............................................................................................................. 6 5. No Strikes, Work Stoppages, and Slowdowns....................................................................... 6 6. Dues Checkoff...................................................................................................................... 6 7. Union Business/Representation............................................................................................ 7 8. Definition of Division Seniority............................................................................................. 8 9. Probationary Periods............................................................................................................. 9 10. Assignments, Vacancies, and Transfers................................................................................ 10 11. Promotions......................................................................................................................... 11 12. Grievance Procedure........................................................................................................... 17 13. Contracting Out................................................................................................................... 20 14. Layoff................................................................................................................................. 20 15. Reinstatement..................................................................................................................... 21 16. Health and Safety................................................................................................................ 22 17. Medical Examination/Fitness for Duty................................................................................. 23 18. Alcohol and Drug-Free Workplace...................................................................................... 25 19. Discipline........................................................................................................................... 36 20. Driver’s License Suspension................................................................................................ 38 21. Personnel Files.................................................................................................................... 39 22. Military Leaves................................................................................................................... 40 23. Jury Duty/Court Time.......................................................................................................... 40 24. Hours of Work.................................................................................................................... 41 25. Acting Pay.......................................................................................................................... 41 26. Vacations............................................................................................................................ 42 2 27. Holidays............................................................................................................................. 43 28. Sick Leave........................................................................................................................... 44 29. Bereavement Leave............................................................................................................. 45 30. Injury Leave........................................................................................................................ 46 31. Family and Medical Leave................................................................................................... 47 32. Maternity Leave.................................................................................................................. 48 33. Shift Exchange/Trade Time................................................................................................. 48 34. Scheduling of Leaves.......................................................................................................... 49 35. Calculation of Leave Time.................................................................................................. 51 36. Modified Duty..................................................................................................................... 51 37. Separation/Death Entitlements............................................................................................ 52 38. Health/Life Insurance.......................................................................................................... 52 39. Uniform/PPE/Equipment.................................................................................................... 53 40. Reimbursement................................................................................................................... 55 41. Training and Certification.................................................................................................... 56 42. Emergencies....................................................................................................................... 57 43. Bulletin Board Space........................................................................................................... 57 44. Labor/Management Committees.......................................................................................... 57 45. Tuition/Education Incentive Benefits................................................................................... 58 46. Home Fleet Vehicles........................................................................................................... 60 47. Uniform Committee............................................................................................................ 61 48. Miscellaneous..................................................................................................................... 61 49. Pay Schedule....................................................................................................................... 62 50. Gender................................................................................................................................ 65 51. Savings Clause.................................................................................................................... 65 52. Entire Agreement................................................................................................................ 66 53. Term of Agreement............................................................................................................. 66 3  PREAMBLE THIS COLLECTIVE BARGAINING AGREEMENT, effective upon signing by all parties, by and between Lexington-Fayette Urban County Government (“LFUCG” or “Employer”) and the Lexington Professional Fire Fighters, IAFF Local 526 (“IAFF” or “Local 526” or “Union”), by which said parties hereby agree upon the terms as hereinafter set out concerning wages, benefits, hours, and terms and conditions of employment of those employees contained within Article 1 (Union Recognition) (referred to hereafter as “Employees,” “Members,” or “Bargaining Unit Members”). ARTICLE 1 UNION RECOGNITION Section 1. LFUCG recognizes Local 526 as the sole and exclusive bargaining agent for all employees of the LFUCG Division of Fire and Emergency Services Division within the rank of Firefighter, Lieutenant and Captain for the purpose of Collective Bargaining on all matters related to wages, benefits, hours, or terms and other conditions of employment. Section 2. In the event a new sworn classification is created within the Division, LFUCG shall meet with Local 526 to discuss the possible inclusion of the new classification within fourteen days after the new classification is created and adopted by ordinance. If the parties cannot reach agreement regarding inclusion or exclusion of the new classification, the parties will proceed in accordance with the Kentucky Labor Board. Section 3. Local 526 recognizes the Mayor and/or the Mayor’s designees as the sole representative of LFUCG for purposes of Collective Bargaining Negotiations. ARTICLE 2 MANAGEMENT RIGHTS OF LFUCG Any and all rights, prerogatives, and authority of LFUCG in the administration, operation, management, and direction of the Division of Fire and Emergency Services, existing prior to the effect of this Agreement shall be and remain vested in LFUCG, except as and to the extent specifically modified by this Agreement. Such rights, prerogatives, and authority shall include any not preempted by state or federal law. In addition to such rights, prerogatives, and authority as are specified elsewhere in this Agreement, they shall include, but shall not be limited to the following: a. Setting or modifying the organizational structure of the Division, including the existence, continuance, abolishment, restructuring, or combining, of all Bureaus, departments, units, branches, and subparts thereof; 4  b. Direction of the work of Division employees; c. Establishing and maintaining the efficiency of Division operations; d. Carrying out such actions as are necessary to carry out the mission of the Division; e. Determination of the methods, means, and personnel by which operations are carried out; f. Assignment of personnel, consistent with provisions of this Agreement; g. Establishment of standards of performance and service, and taking disciplinary action for just cause, subject to applicable state law and this Agreement; h. Conferring and relieving sworn employees of their sworn powers, or relieving employees of duty, pending disciplinary or other action. The powers, rights and or authority herein of the Employer are not to be exercised in a manner that will undermine Local 526, or as an attempt to evade or to violate the provisions of this Agreement. ARTICLE 3 WORK RULES Section 1. Local 526 recognizes that the Employer has the right to promulgate reasonable work rules, policies, procedures, or standard operating procedures. Work rules shall not be applied in violation of the terms of this Agreement. Section 2. Prior to implementing any new work rules, policies, procedures, or standard operating procedures LFUCG will notify Local 526 at least ten (10) calendar days in advance of the effective date. If Local 526 requests to meet over such a change within that notice period, LFUCG and Local 526 will meet to discuss the proposed changes. Neither Local 526’s agreement nor impasse is required before implementing a new work rule, provided it is promulgated consistent herewith. Section 3. Newly written work rules, regulations, policies, procedures, job descriptions, or standard operating procedures applicable to Bargaining Unit employees will be posted or otherwise communicated to the affected employees in advance, which will include email communications; provided the parties recognize that certain situations, for example an emergency or state or federal directive, may require that LFUCG implement a change immediately. 5  ARTICLE 4 NON-DISCRIMINATION Neither LFUCG nor Local 526 shall discriminate against any member of the Collective Bargaining Unit because he or she is or is not a member of Local 526, nor because of lawful Union activity or refraining therefrom; nor shall either party discriminate against any member of the Bargaining Unit on the basis of race, color, sex, creed, religion, marital status, age, national origin, disability, political affiliation, or sexual orientation. ARTICLE 5 NO STRIKES, WORK STOPPAGES, AND SLOWDOWNS Local 526 recognizes that it is unlawful to engage in strikes and work stoppages. Local 526 further agrees that it shall not engage in, condone, or encourage work slowdowns and mass absenteeism. Local 526 agrees that any of the foregoing actions by or on the part of Bargaining Unit members may constitute cause for disciplinary action, up to and including termination and that Local 526 shall not encourage such activities and shall take prompt and reasonable steps to discourage the same. LFUCG agrees that there shall be no lock out of the employees. ARTICLE 6 DUES CHECKOFF Section 1. LFUCG agrees to deduct monthly, and without cost to Local 526, dues and any assessments in an amount certified to be current by the Treasurer of Local 526 from the pay of those employees who are members of Local 526. LFUCG shall remit this amount to the Treasurer of Local 526 each month. Section 2. Nothing herein shall limit the rights of the parties, if any, to pursue remedies for violation of any provision under the Article, including without limitation the right any party may have to pursue remedies that could require reimbursement for the expenses (including attorney fees) of defense of litigation resulting from failure to comply with this Article of this Collective Bargaining Agreement. Section 3. It is Local 526’s policy that a member who is called up to active military duty is relieved of the obligation to pay dues but their obligation resumes when the individual returns to full duty for LFUCG. Therefore, LFUCG will resume dues deductions for those employees whose dues were being deducted before they were called up. The LFUCG shall notify Local 526 when a Bargaining Unit member has returned to work, and in turn Local 526 will notify LFUCG that dues deduction should be resumed. 6  ARTICLE 7 UNION BUSINESS/REPRESENTATION Section 1. LFUCG agrees that during working hours, on the LFUCG’s premises, and without loss of pay, Union representatives as defined in Section 5 below shall be permitted to perform the following functions, provided the normal operations of the Division are not hindered or disrupted. a. Attend meetings with LFUCG Management, and consult with the LFUCG or his representatives, concerning the enforcement of any provision of this Agreement, provided that the number of Union representatives shall be reasonable and shall not exceed two (2) members unless LFUCG specifically agrees otherwise; b. Transmit communications, authorized by Local 526 or its Officers to the LFUCG or his representatives; c. Local 526 shall be permitted to address each recruit class up to four (4) hours. Such time will not be a part of the Division of Fire and Emergency Services scheduled curriculum. Attendance shall be optional for recruits; non-attending recruits may be assigned other duties. This time frame shall be afforded to Local 526 and will be allotted within the first ten (10) weeks of the recruits entering the Training Academy. d. Local 526 shall be permitted to send and receive Email and documents related to Union business over the LFUCG computer system, provided use of LFUCG Email facilities shall be reasonable and compliant with LFUCG policy. e. Local 526 shall be permitted to use fire station phones for Union business provided such usage must be compliant with LFUCG telephone policy and shall not incur costs to LFUCG. f. Local 526 members shall be allowed to affix one (1) IAFF helmet sticker to their helmet, not to exceed two and one half (2 ½) inches in diameter and affixed in a manner not to interfere with safety and reasonable placement. Local 526 members may also wear a navy blue union t-shirt with Lexington Fire Department on the back with company designation on duty according to Lexington Fire Department and Emergency Services policy. On short sleeve polo shirts members may choose to have embroidered in small letters Local 526 with an IAFF Logo at the end right above the elastic cuff. Section 2. Bargaining Unit members (hereinafter also referred to as “employees”, “members”, or “Bargaining Unit employees”) elected or appointed by the Local 526 President to represent the Local 526 at Union functions, shall be granted paid leave (Absent With Leave - AWL) up to a maximum of eight hundred (800) hours annually (not including the Union President) to attend the following: 7  a. Any regular and special Union meetings (limited to three (3) members at a time, and provided that Local 526 shall notify the Chief immediately upon the scheduling of a special meeting, and Bargaining Unit members granted leave under this section shall not be absent for any period longer than required to attend the meeting); b. State or IAFF conventions, seminars, conferences not to exceed three (3) members per day at one time, not to exceed a cumulative total of five hundred four (504) hours per year of AWL leave. Up to one hundred (100) hours unused time may be carried over to the next year, such that the available total shall never exceed six hundred four (604) hours. Local 526 shall provide thirty (30) calendar days advance notice of such events to the Chief for his approval, which shall not be unreasonably withheld. Section 3. In addition LFUCG shall also provide to Local 526’s President, or any other member designated by the Local 526 President, with notice to the Chief, paid leave (AWL) to attend each session of the State Legislature, as well as any scheduled meetings of the LFUCG Council. Local 526 may designate one (1) additional member to attend. However, paid leave for such additional member shall be charged to the 504-hour total in Section 2(b) above. Employees granted leave to attend a Council session under this section shall not be absent for any period longer than required to attend the session. Section 4. Local 526 representatives shall be able to perform necessary activities related to processing a grievance without loss of pay up to a cumulative total of ten (10) hours per month, with no carryover from month to month. Section 5. Local 526 shall provide the Fire Chief with an official written roster of its Union representatives and shall include name and Union position held. The number of Union representatives covered by this Article shall not exceed ten (10) in number. Section 6. The purpose of paid leave and AWL leave is that the affected individuals not lose pay by attending the sessions and proceedings set forth in this Article. Under no circumstances shall an affected individual earn more than his or her regularly scheduled pay while attending the above. ARTICLE 8 DEFINITION OF DIVISION SENIORITY Section 1. Seniority shall be determined by continuous service in the LFUCG Division of Fire and Emergency Services calculated from the initial employment date with the Division of Fire as a Firefighter. However, seniority shall not apply until 8 successful completion of the initial probationary period, whereupon Division seniority shall retroactively begin as of the date of employment as a Firefighter in the Division of Fire. Seniority shall be continuous unless broken by resignation, termination, retirement, or loss of recall-from-layoff rights as provided within Article 15 (Layoffs). Employees with the same employment date shall be assigned to the seniority list in order of their ranking on the eligibility list. Section 2. The Employer shall prepare and maintain a seniority list indicating employee name, seniority date and current classification. Such lists shall be updated annually, posted in appropriate work locations and a copy given to Local 526. Section 3. Seniority for Lieutenants and Captains shall be defined as time in rank except for layoffs and scheduling of leaves, where this will be determined as in Section 1. Also when a Lieutenant and a Captain are bidding for the same open position the rank of Captain will be defined as senior to Lieutenant. ARTICLE 9 PROBATIONARY PERIODS Section 1. Upon completion of pre-entry training a recruit Firefighter will begin a twelve (12) month probationary period. During such period, the Employer shall have the discretion to discipline or discharge such Bargaining Unit member(s) and any such action shall not be appealable through any grievance procedure contained herein. If a probationary Firefighter employee is absent from work or on modified duty for an equivalent of five (5) or more work days during his or her probationary period, the probationary period will be extended. The extension of the probationary period shall be the amount of time the employee was absent beyond the five (5) work days allowed. Section 2. All newly promoted Bargaining Unit members shall serve a promotional probationary period of one hundred eighty (180) calendar days, during which time LFUCG shall have the discretion to demote them to their prior rank. However, any such demotion shall be for a reason or reasons stated in writing, and shall be subject to review in the grievance and arbitration procedure for arbitrariness and capriciousness. A demotion during the promotional probationary period shall not be deemed disciplinary action, and therefore shall not be subject to the provisions of Section 6 of Article 13. If a promoted Employee is absent from work or on modified duty for an equivalent of five (5) or more work days during his or her probationary period, the probationary period will be extended. The extension of the probationary period shall be the amount of time the Employee was absent beyond the five (5) work days allowed. Section 3. In cases of military leave, the probationary period will be extended by the length of military deployment, provided however; in no event shall the probationary period be extended beyond the terms outlined above. 9  ARTICLE 10 ASSIGNMENTS, VACANCIES, AND TRANSFERS Section 1. All openings in the Division of Fire, except ECU EMT positions, shall be posted on the Fire Department intranet for seven (7) days, and will be consistent with Article 25. Bargaining Unit members shall express their interest in an opening by submission of a Division Company/Bureau Transfer Request Form. Members shall email their request for transfer to their affected chain of command (i.e. Company Officer, District Major, Battalion Chief, and/or Bureau Commander). The transfer process shall not apply to probationary firefighters. Section 2. Assignments and transfers shall not be based on reasons that are arbitrary. A scoring system will be used for openings that takes seniority and certifications into consideration. The Chain of Command will also score and rank individuals for company transfer. The scoring system will be reviewed each calendar year by LMC in case any changes need to be made to the process, as further described in a Memorandum of Understanding. The completed scorecard for all positions shall be sent to the Union President via email. The applicant who obtains the highest score shall be awarded the position. Section 3. ECU Assignment: There shall be only two (2) licensed, AO eligible EMT-Paramedics assigned to each Emergency Care Unit, except that the Shift Commander may carry up to an additional three (3) licensed, AO eligible EMT- Paramedics per shift, who may be assigned to EC Units. Beginning with recruit class 69, all personnel shall serve a minimum of 5,824 hours worked, not simply assigned, to an ECU. Section 4. Paramedic rotation off Emergency Care Units will be based upon the date of original assignment and will be by platoon. This will not preclude reassignment to an Emergency Care Unit at the direction of the Chief based upon the needs of the Division. Section 5. Personnel assigned to a Special Operations company in accordance with Article 10, shall remain in that company for a period of two (2) years. Personnel may request to transfer to Special Operations companies but shall not apply to non- specialty companies until after the two (2) year commitment is complete. Personnel who promote shall be re-assigned in accordance with the remainder of Article 10. Section 6. Employees who seek transfer to a non-specialty position and are selected as part of the transfer process shall remain in that position for at least one (1) year. Personnel who promote shall be re-assigned in accordance with the remainder of Article 10. Section 7. If an employee was placed in a position above due to operational needs of the LFUCG, they may apply for transfer as positions are made available. 10  Section 8. Personnel shall complete six (6) years of total line service prior to applying for positions within any of the Support Bureaus. Section 9. LFUCG reserves the right to make and change assignments or transfer Bargaining Unit members at any time based upon the operational needs of the division as determined by the Chief which shall not be based on reasons that are arbitrary. ARTICLE 11 PROMOTIONS Section 1. The Director of Human Resources (“Director”) and the Chief of the Division of Fire and Emergency Services (“Division”) shall maintain the promotion list of eligibles for each rank. All promotion process components, including all examinations, shall be job related. Section 2. a. An applicant for the position of Fire Lieutenant must have completed at least seventy-two (72) uninterrupted months of satisfactory service in the Division. The last twenty-four (24) months of such service must be free of any suspensions of more than twenty-four (24) hours’ work time. Service time shall be computed from the date of hire as a firefighter, shall be completed prior to the expiration of the current Lieutenant Promotion list, and shall include any special assignment while on approved leave of absence. b. An applicant for the position of Fire Captain must have completed at least eighty-four (84) uninterrupted months of satisfactory service in the Division. The last twelve (12) months of prior service must have been in the grade as Fire Lieutenant and the last twenty-four (24) months of prior service must be free of any suspensions of more than twenty-four (24) hours’ work time. Service time shall be computed from the date of hire as a firefighter, shall be completed prior to the expiration of the current Captain Promotional list, and shall include any special assignment while on approved leave of absence. c. An applicant for the position of Fire Major must have completed at least one hundred twenty (120) uninterrupted months of satisfactory service in the Division. The last twelve (12) months of prior service must have been in the grade as fire captain and the last twenty-four (24) months of prior service must be free of any suspensions of more than twenty-four (24) hours’ work time. Service time shall be computed from the date of hire as a firefighter, shall be completed prior to the expiration of the current major promotional list, and shall include any special assignment while on approved leave of absence. 11 d. Each applicant for promotion shall apply for the position using the LFUCG human resources software program before the official filing deadline date in order for the candidate to be considered for promotion. e. Time spent in an "acting capacity" shall not be considered in computing the "time in grade" requirements of this section. f. Each applicant shall receive seniority points beginning after the completion of his or her 8th year of service as a sworn member of the department. The maximum number of seniority points that any applicant can receive is 5. Each point shall be multiplied as a percent of the applicant’s combined earned score, and then added onto the final score before the applicant is ranked (Example: The applicant has 13.5 years of service time with the department. He is credited with 3 seniority points. He scores a combined score of 75 before the application of any seniority points. After applying the points his final score will be 77.25). Seniority points shall be accrued as follows: Years of Service 9.00 to 10.99 = 1 point 11.00 to 12.99 = 2 points 13.00 to 14.99 = 3 points 15.00 to 16.99 = 4 points 17.00 or more = 5 points g. The provisions listed in subsections i, ii, iii, and iv below will apply beginning with the Fall 2018 Promotional Processes. Each point shall be multiplied as a percent of the applicant’s combined earned score, and then added onto the final score before the applicant is ranked. To receive the point, the applicant must provide proof of completion of the class. i. With respect to the promotional process for lieutenant, LFUCG shall award the following fire training points for successful completion of the following courses: 1 point for two of the following courses: o Leadership I o Kentucky Fire Inspector I o IFSAC Level I Fire Instructor o Leadership in Supervision: Professional Growth (646) o Preparation for Initial Company Operations ii. With respect to the promotional process for captain, LFUCG shall award the following fire training points for successful completion of the following courses: 1 point for two of the following courses: o Leadership II o Leadership III 12  o Decision Making for Initial Company Operations (DMICO) o Command and Control of Incident Operations (312) o EMS Incident Operations (147) o Leadership in Supervision: Perspectives in Thinking (647) o Leadership in Supervision: Frameworks to Success (648) iii. With respect to the promotional process for major, LFUCG shall award the following fire training points for successful completion of the following courses: 1 point for two of the following courses: o Leadership III o Strategy and Tactics for Initial Company Operations o FEMA NIMS 300 o FEMA NIMS 400 o Decision Making at Multi Alarm Incidents (297) o Leadership in Supervision: Frameworks to Success (648) Section 3. a. All written examinations shall be tests administered by the Division of Human Resources from questions developed by an organization competent to prepare such questions, who shall be authorized by the Director and approved by the Commissioner of Public Safety. The source of testing material for all promotions shall be the Division’s Policy Statements and Standard Operating Procedures (SOPs), uniform disciplinary guidelines (UDG), LFD Field Operation Guides, current collective bargaining agreement, and not more than three (3) additional textbooks recommended by the Fire Chief and his staff by January 15th of the promotion test year for authorization by the Director and approval by the Commissioner of Public Safety. Upon approval by the Commissioner of Public Safety, the recommended textbooks shall be posted in the Division of Human Resources and all Division of Fire and Emergency Services locations. After March 1, no additions or changes will be made to the testing materials that deal with Policy Statements, Field Operation Guides, uniform disciplinary guidelines (UDG), and SOP’s. b. The written examination will be given to all eligible applicants at the same time for the rank of the position being tested. Written examination answer sheets shall be identified by number and the numbered control sheets shall be confidential. All answer sheets shall be electronically scored immediately after the written examinations. Fifty percent of the written test shall come from the Division’s Policy Statements and Standard Operating Procedures (SOPs), CBA, UDG, and FOG manuals and fifty percent from the three (3) textbooks approved by the Fire Chief. 13  c. The specific examination score of an applicant shall be given immediately upon completion of the written examination. Any candidate who does not attain a raw score of seventy (70) percent on the written examination shall be eliminated from further testing. If more than fifty (50) applicants attain a raw score of seventy (70) percent on the written examination, only the top fifty (50) will advance to the next step of the testing process. d. In even number years promotional testing for Lieutenants and Captains will be conducted during the last half of August and the month of September and promotional testing for Majors will be conducted during the month of November and the first half of December. In the event of a freeze on promotions, any vacancies created during the freeze shall be filled from existing lists. If necessary to fill vacancies, promotional testing may be conducted at the discretion of the Chief when a promotional list has been exhausted. Section 4. The practical performance examination elements shall be an Assessment Center style test developed under the guidelines set by the Fire Chief and his staff. In the event LFUCG contracts with an outside agency to conduct assessments, the procedures in the following provisions may be modified by the Fire Chief to be consistent with the assessments provided by the outside agency. a. The Assessment Center process may be administered by a consultant independent of LFUCG and LFD. LFUCG may contract with the consultant to design and administer an Assessment Center promotional process for LFD. The Local 526 president shall be included in the panel reviewing and recommending the proposal and award of the contract for the Assessment Center. The consultant is responsible for the preparation and security of each promotional Assessment Center. The Assessment Center consultant may be an individual or company with proven expertise in the field of administering the entire Assessment Center process. b. 1. The process will include not less than three exercises that test the candidate’s ability to satisfactorily perform the exercise and must include at least one Fire Ground Tactical Scenario. The exercises may include testing for the following attributes: Problem Analysis Judgment Planning and Organization Oral Communications Leadership Decisiveness Self-Initiative 14  Adaptability Interpersonal Skills Written Communication Skills It is understood that not all of the attributes listed above may be tested in each exercise. The specific attributes tested in each exercise will be based on results of the LFD Job Task Analysis. 2. At least two (2) separate orientation sessions to explain the Assessment Center Process will be provided, not less than thirty (30) days prior to the first day that the Assessment Center is convened. The orientations will provide information, examples, and explanations on all aspects of the Assessment Center Process. 3. Each applicant's exercises (which may be a videotape) will be presented to an evaluation board for assessment and scoring. The evaluation board shall consist of a minimum of three (3) evaluators who shall be of equal rank or higher than the level of the position being tested. The members of the evaluation board shall be from out- of-state fire departments with staffing at least three hundred (300) career members with recognized IAFF locals or greater. 4. The Fire Chief shall appoint a subject matter specialist, who shall assist the evaluation board. The subject matter specialist shall address any questions or discrepancies with the evaluation board, using the applicable testing material. c. All evaluation board grading forms shall be collected and tallied by the Division of Human Resources or the Assessment Career consultant and shall be recorded immediately after each applicant's assessment is completed and forwarded to the Division of Human Resources. Applicants will be provided an opportunity to review their scores. Section 5. a. All oral examinations shall be conducted by an interview board consisting of the following: 1. Two Staff officers with the rank of Battalion Chief or higher from the Division of Fire and Emergency Services. 2. Two fire service members of a comparable or higher rank of the position being tested from out of state departments. 3. A member of the community approved by the Director of Human Resources and the Commissioner of Public Safety. 15  4. The Director or designee from the Division of Human Resources, who will not be a voting member of the interview board. b. The oral examination shall consist of the following matters weighted as noted: 1. Questions developed by the Division of Human Resources and approved by the Commissioner of Public Safety weighted at fifteen percent (15%) of the total score, and the candidate's absenteeism record for the two (2) year period prior to the application filing deadline, weighted at five percent (5%) of the total score. Absenteeism shall be considered as absent without approved leave (AWOL), late, suspended without pay and absence, all as defined in Division of Fire and Emergency Services' policy. 2. The oral examination board shall ask each candidate the same questions and shall not discuss the candidates among themselves. 3. If practical and oral portions are standardized, upon request the LFUCG will provide the standardization formula to the Union President before the examination. Section 6. a. To fill a vacancy in the ranks of Fire Lieutenant, Fire Captain and Fire Major, the names of the five (5) top ranking candidates for each position shall be forwarded to the Fire Chief, who may interview the candidates. The Chief shall choose one (1) of the five (5), which candidate's name shall be forwarded through the LFUCG chain of command to the appointing authority with a recommendation for appointment. b. Eligible applications may be certified to the Fire Chief five (5) times for consideration. Thereafter, if not selected, they shall be removed from the list of applicants eligible for promotion. Such removal does not prevent future examinations, eligibility and certification. The promotional lists shall be established on the basis of the highest numerical score computed under the following criteria: 1. Forty percent (40%) on a written examination. 2. Forty percent (40%) on a practical performance examination. 3. Twenty percent (20%) on oral examination, which includes the absenteeism report. Following the completion of all three (3) phases of the examination criteria by all applicants, the applicants shall be ranked according to their combined numerical scores, as weighted above. 16  Section 7. All promotional lists shall continue to be in existence for two (2) years or until a new list is posted, whichever is later. A promotional list shall be developed at least thirty (30) days prior to the expiration date of the existing promotion list. Section 8. The intent of this promotion process shall not be circumvented by acting appointments. Vacancies shall be filled or abolished within ninety (90) days. Section 9. An applicant serving in an "acting" capacity shall not receive any special promotional consideration because of that assignment. Section 10. Suspension, for any reason, for more than twenty-four (24) hours work time of an applicant eligible for promotion shall be cause for automatic removal from any promotion list. The Employee shall be eligible to take the next promotional exam unless there is an additional intervening suspension of more than twenty-four (24) hours work time. ARTICLE 12 GRIEVANCE PROCEDURE Section 1. Any grievances or disputes, which may arise between the parties concerning the meaning or interpretation, of this Agreement, which shall also include the application of any work rules established and enforced by LFUCG, or the issuance of discipline of a Bargaining Unit member shall be settled in the following manner. Section 2. A "grievant" is defined as a Bargaining Unit member, group of Bargaining Unit members, or Local 526. In order for any grievance to be recognized as such, all written grievances should be signed by the grievant or those persons of the group allegedly harmed. Only Local 526 may file a grievance pursuant to the steps set forth in this article. Section 3. A Bargaining Unit member must first discuss any matter with their immediate Supervisor, except for alleged harassment involving the Supervisor. In the event an agreement cannot be reached, then the steps in Section 4 below shall be followed with respect to any grievance. Section 4. No grievance resolution shall be in conflict with the provisions of this Agreement. Step 1: Local 526 shall submit a written grievance to the Shift Commander of the Bargaining Unit member’s respective platoon. Any Bargaining Unit member assigned to a Bureau shall have the Local submit a written grievance form to the appropriate department head. Bargaining Unit members shall be entitled, if requested, to have Union representation at any step in this article. The Shift Commander/Bureau Chief shall then 17  attempt to adjust the matter and shall respond to the employee within ten (10) business days. Grievances must be submitted to Step 1 within forty- five (45) business days of knowledge of the incident giving rise to the grievance. Grievances regarding discipline shall start at Step 4 of the Grievance Procedure with the Mayor or the Human Resources Director holding a meeting within ten (10) business days of the filing of the grievance. Step 2: If the grievance has not been resolved to both parties’ satisfaction, it may be presented in writing by Local 526 to the Assistant Chief of Administration within ten (10) business days after the Shift Commander/Bureau Chief’s response is due. The Assistant Chief of Administration shall respond to Local 526 Representative in writing within ten (10) business days of their receipt of the grievance. Step 3: If the grievance has not been resolved, it may be presented in writing by Local 526 to the Fire Chief within ten (10) business days after the response of the Assistant Chief of Administration is due. The Fire Chief or designee shall respond in writing to Local 526 within ten (10) business days. Step 4: If the grievance has not been resolved after Step 3, it shall be presented in writing by the Union Grievance Committee to the Mayor or the Human Resources Director within ten (10) business days after the response of the Fire Chief is due. The Mayor or the Human Resources Director shall conduct a meeting with Local 526 within ten (10) business days after a grievance is presented. A written response shall be sent to the Union Grievance Committee within ten (10) business days after the meeting. Step 5: In the event a grievance is unresolved after being processed through all of the steps of the Grievance Procedure, unless mutually waived or having passed through the various steps by timely default of LFUCG, then within ten (10) business days after the rendering of the decision at Step 4, Local 526 may submit the grievance to arbitration. Within this ten (10) business day period, the parties will meet to attempt to mutually agree upon an arbitrator. If such agreement is not reached either party shall request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS), who have offices in Kentucky or in states contiguous to Kentucky. Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within ten (10) business days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. A coin toss shall determine the order in which the names are to be stricken and the party winning the coin toss shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the 18  dispute in question. All procedures relative to the hearing shall be in accordance with the rules and regulations of the Federal Mediation and Conciliation Service. The arbitrator shall hold the arbitration hearing and issue a decision thereafter. The cost involved to obtain the list of arbitrators, and the rent, if any, of the hearing room shall be borne equally by each party. The expense of any non-employee witness shall be borne, if at all, by the party calling them. The fee of the court reporter shall be paid by the party making the request, provided, that this fee shall be split equally if both parties desire a reporter or request a copy of a transcript. The fees and expenses of the arbitrator will be borne by the party losing the grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. The arbitrator's decision will be in writing. The parties agree the issue(s) to be arbitrated shall be no broader in scope than the issue(s) presented during the grievance procedure, except the parties would not be precluded from introducing background material. The arbitrator shall not change, modify, or add to the provisions of this Agreement as the right to do so is the prerogative of the contracting parties only. Furthermore, the arbitrator shall not change, modify, alter, delete, or add to the provisions of any law, rule, or regulation affecting conditions of employment. The decision of the arbitrator shall be advisory. Section 5. Any grievance not advanced to the next step by the grievant, within the time limits in that step, shall be deemed resolved by LFUCG’s last response. If LFUCG does not respond within the prescribed time limits, the grievance shall advance to the next step of the grievance procedure. The time limits in this Article may be extended by mutual agreement between LFUCG and the grievant, which agreement shall be in writing. All responses to grievances under this Article must be in writing (which may be accomplished electronically through a process established by the parties). Section 6. Except as otherwise agreed in this Agreement, in discipline cases (i.e., matters involving reprimand, dismissal, suspension, or reduction in pay or grade of an employee), the parties acknowledge that pursuant to KRS 95.450, no discipline can actually be imposed until action by the LFUCG Council. The time limit for grieving of discipline, prior to action by LFUCG Council, shall begin by the Fire Chief serving the recommended charges of discipline on the subject Bargaining Unit member. A grievance shall begin at the level of the Mayor as specified above. Should the matter not be resolved prior to the level of arbitration, it shall be arbitrated based on the recommended charges and recommended discipline of the Chief. After the decision of the arbitrator, the matter shall be presented to the LFUCG Council as required by KRS 95.450. The parties agree that only the written decision of the arbitrator will be presented to the Council and that neither side shall present additional evidence unless requested by the Council. Any 19 further hearing rights before the Council pursuant to KRS 95.450 are hereby waived. In cases where the Chief’s recommended discipline is accepted by the member and the Union, but rejected by Council, the process will revert to Article 19, section 9. The parties may further agree, in advance of any arbitration at this stage, that the Council must adopt the findings and award of the arbitrator unless such decision is either not consistent with the provisions of this contract, or the application of discipline within the division. ARTICLE 13 CONTRACTING OUT Section 1. LFUCG agrees not to contract out the traditional work of fire suppression or emergency medical/rescue services. The parties specifically agree that in the event of mutual aid and support between the Lexington Division of Fire and Emergency Services and other fire or emergency services, including response by other such services to assist LFUCG, shall not be deemed to be contracting out of such work, and shall not be prohibited by this Agreement. Section 2. The parties agree that traditional work of fire suppression includes the duties of fire prevention, fire investigation, planning and review and public education. Section 3. The parties further agree that in all other Bureaus not specifically mentioned herein, LFUCG reserves the right to subcontract any work assigned to said Bureaus as long as such assignment does not result in the direct loss of those Bargaining Unit positions assigned to those Bureaus. ARTICLE 14 LAYOFF Section 1. a. Whenever a reduction in Bargaining Unit members is required for cause, Bargaining Unit members shall be laid off in inverse order to length of service in the Division of Fire and Emergency Services, without regard to rank or classification. b. A laid off Bargaining Unit member shall be eligible for recall for a period of thirty-six (36) months after the effective date of the layoff. Notice of a recall shall be sent by certified or registered mail, with a copy sent to Local 526, to the last address registered with LFUCG by the Bargaining Unit member. The recalled Bargaining Unit member shall have fourteen (14) calendar days following the date of receipt of the recall notice to notify LFUCG of their 20  intention to return to work and shall have fourteen (14) calendar days following mailing the recall notice in which to report for duty, unless a different date for returning to work is otherwise specified in the notice. c. A laid off Bargaining Unit member shall have the option to receive payment for all earned but unused leave, which shall include but not limited to vacation and holiday time for which they have not otherwise been compensated. Bargaining Unit members with any accumulated compensatory time shall be allowed to exhaust that time off with pay or the Employer may choose to pay- out all accrued compensatory time prior to the effective date of the lay off. d. Health and life insurance coverage, per this Agreement, will be continued until the end of the next full month after the effective date following the month of the layoff. The Bargaining Unit member may, thereafter, elect to continue participation in such health plan in accordance with the LFUCG’s COBRA policy. e. LFUCG agrees to notify Local 526 and affected Bargaining Unit members at least thirty (30) calendar days in advance of the effective date of a layoff. Upon request from Local 526, during the thirty (30) day notification period, LFUCG agrees to meet with representatives of Local 526 to discuss alternatives to the layoffs and the impact of the layoffs on the Bargaining Unit members. Section 2. Bargaining Unit members shall retain their previously accrued Divisional/LFUCG seniority dates with the LFUCG while on layoff. ARTICLE 15 REINSTATEMENT Section 1. A Bargaining Unit member who has completed their initial probationary period, and who is separated from employment for reasons other than disciplinary action, may apply for reinstatement for a period of one year from the date of their separation. The decision whether to grant a request for reinstatement is in the discretion of LFUCG. Section 2. If a Bargaining Unit member who voluntarily resigns, unless at the sole discretion of LFUCG, and returns to work within one (1) year after the voluntary resignation and works one (1) full year thereafter, their seniority shall be deemed continuous, less such time as they were not a member of the Lexington Division of Fire and Emergency Services. Section 3. As a condition of reinstatement the Bargaining Unit Member shall repay any monies removed from the Lexington Police and Fire Pension Fund received 21 upon separation from the Division. If monies are not paid back to the pension fund the member shall start at step 1 of the payscale. ARTICLE 16 HEALTH AND SAFETY Section 1. LFUCG and Local 526 share mutual concern and responsibility for the health and safety of the Bargaining Unit member. LFUCG shall provide a safe and healthy working environment in accordance with applicable state, federal laws and regulations. Section 2. Any Bargaining Unit member who believes a safety hazard exists, such as unsafe equipment, conditions, or practices should report the situation immediately to the chain of command. LFUCG will then investigate and take necessary corrective steps. Should the Bargaining Unit member believe that the safety hazard still exists seventy-two (72) hours after such notification, they shall have the right to notify the Fire Chief directly in writing of their safety concern. Section 3. The Division’s Safety Committee shall be structured so that it is composed of three (3) Bargaining Unit members plus a member selected to represent the eighth district on the IAFF Health and Safety Committee (if applicable), whom are appointed by Local 526’s President, and three (3) members of the Fire Administration plus the peer support coordinator (if applicable). This Committee shall meet monthly or at mutually agreed upon times to discuss matters of concern and make recommendations. Any member of the Committee may submit items to be included on the agenda for the meeting. The function of the Safety and Health Committee is to: Recommend changes or additions to protective equipment, protective apparel, or devices; Recommend changes or additions to the physical and environmental conditions at Division facilities; Review injuries; Discuss safety policies and recommend their adoption by management; Work to have approved recommendations put into practice; Learn about different safety matters and incorporate them in training; Maintain safety awareness and interest throughout the Division; and Help make safety an integral part of job procedures and Division operations. Section 4. LFUCG shall provide appropriate immunizations, at no cost, to Bargaining Unit members to prevent contracting a disease on the job. All participation is 22 voluntary, unless LFUCG determines based on sound medical reasons that an immunization is needed for protection of the public, or unless otherwise required by law. Any employee declining an immunization shall sign an appropriate waiver. Immunizations shall include, but not be limited to, tetanus-diphtheria, hepatitis-B, and influenza, based on availability. The parties further agree that based on experience, advances in technology and other changing circumstances, these policies will need to be reviewed on a periodical basis. Section 5. LFUCG agrees that all Division of fire and Emergency Services suppression equipment shall be in compliance with all applicable state and federal regulations, and that equipment purchased by LFUCG shall be consistent with NFPA standards at the time of purchase. This section does not address post purchase safety issues. Section 6. Each Company Officer or Acting-OIC (Officer-In-Charge) shall have discretion to remove apparatus from service if in their opinion the condition of the apparatus requires removal pending inspection by a District Officer. The final decision as to the serviceability of a piece of equipment lies with the Fire Chief or his designee. Section 7. LFUCG shall make reasonable effort to maintain all reserve fire apparatus, including EMS reserve vehicles, equipped the same as the front line apparatus. Section 8. The LFUCG agrees to provide station supplies as needed to ensure sanitary day-to-day operations within the fire stations. ARTICLE 17 MEDICAL EXAMINATIONS/FITNESS FOR DUTY Section 1. LFUCG may require a Bargaining Unit member to take an examination, conducted by a licensed medical practitioner of LFUCG’s choosing to determine the Bargaining Unit member’s physical or mental capability to perform the essential functions of their position. In addition, LFUCG may require a Bargaining Unit member to provide medical certification that the Bargaining Unit member is medically able to return to work before a Bargaining Unit member returns to work after a Family Medical Leave or sick leave absence. If the Bargaining Unit member disagrees with the results of an examination ordered by LFUCG, they may be examined by a licensed medical practitioner of their choice, at their expense. If the two reports conflict, the parties shall choose a mutually agreed upon neutral licensed medical practitioner whose decision shall be final. Medical examinations under this Section shall not apply to medical examinations conducted in connection with Workers Compensation claims. 23  Section 2. If a Bargaining Unit member after examination is found to be unable to perform the essential functions of their position, the Bargaining Unit member may utilize accumulated sick leave or other leave benefits. Any Bargaining Unit member who is unable to perform the essential functions of their position, and who has utilized all of their accumulated leave benefits, may be placed on administrative leave without pay. Any Bargaining Unit member placed on such administrative leave shall with an appropriate medical release, have the right to return to duty within twelve months from the date they first were unable to perform their duties. FMLA leave will run concurrently with the paid and unpaid leaves set forth herein. Section 3. Any cost for examination required by LFUCG shall be paid by LFUCG. Any cost for examination by a neutral licensed practitioner shall be paid by LFUCG. Section 4. A Bargaining Unit member who is required to take a medical examination by LFUCG and not allowed to work, shall be placed on appropriate leave consistent with the provisions of this Agreement. Should it be shown per Section 1 above that the Bargaining Unit member was actually fit for duty, any accrued paid leave used by the Bargaining Unit member shall be restored and if the Bargaining Unit member has no or insufficient paid leave available, they shall be paid for their lost wages. Under the foregoing circumstances, they shall be placed on modified duty pursuant to Article 36 (Modified Duty). Section 5. Local 526 and the LFUCG agree to refer the subject of physical fitness assessments and physical examinations to the Labor Management Committee for purposes of: (1) developing a recommended policy of minimum standards of physical fitness; (2) developing and implementing an annual physical fitness assessment; (3) developing recommended rehabilitation guidelines in the event those standards are not maintained; and (4) developing recommendations for sanctions in the event of a Bargaining Unit member’s failure to meet those standards or successfully rehabilitate. The Labor Management Committee will also develop a recommended policy outlining the contents of the physical examination. The Fire Chief shall consider the recommendations of the Committee developed pursuant hereto, but shall retain final authority regarding implementation of policy consistent with this Agreement. Section 6. The LFUCG shall provide, without cost to members of the Bargaining Unit, membership to a YMCA in Fayette County. These are single memberships to be paid for by LFUCG. Effective January 1, 2015, the employer will provide a YMCA family rate on the same basis as other LFUCG employees. Section 7. The LFUCG shall provide a cancer screening (PSA Test over the age of 35 and NMP—22 bladder cancer test) and 12 lead EKG testing/evaluation for all sworn members of the Division of Fire and Emergency Services at their annual physical. A Bargaining Unit member with a positive test result from any cancer screening conducted shall be able to work unrestricted unless restricted by the treating physician. 24  Section 8. In the event a medical condition covered in this Article is proved to be non-occupational, the expenses shall then be turned over to the Bargaining Unit member’s personal health insurance for payment of claims. ARTICLE 18 ALCOHOL AND DRUG-FREE WORKPLACE Local 526 and LFUCG agree to maintain a drug free workplace. The public has a right to expect public safety employees to be both physically and mentally prepared to assume their duties at all times, free from serious impairments which result from the use of controlled substances, alcohol, and other forms of drug abuse. The Director of Human Resources shall be responsible for the administration of and establishing the operational procedures necessary to implement this Article. I. CONDITIONS OF EMPLOYMENT: Adherence and compliance to this Article including but not limited to the rules, regulations, policies and procedures will be a condition of employment with LFUCG. II. SCOPE: A. Alcohol - Scope and Defined Reporting to work or having at any time during the workday, a detectable odor of an alcoholic beverage on his/her breath, which results in a BAC of 0.02% or above, shall cause the Bargaining Unit member to be disciplined up to and including dismissal. B. Legal Drugs - Scope and Defined Any controlled substance or chemical legally obtained and used for the purpose, and in the amounts medically recommended in expressed written instructions, of the manufacturer. C. Illegal Drugs - Scope and Defined 1. Any drug as defined by federal or state controlled substances statutes (KRS 218A.080) of which cannot be obtained legally. 2. Any drug as defined by federal or state controlled substances statutes of which cannot be obtained legally, without being prescribed by a duly licensed physician or health care worker authorized to dispense drugs. 3. Any drug which has been legally obtained by prescription, but which is used or distributed by one whose name does not appear on the prescription container or not used in the prescribed manner by the person whose name appears on the prescription container. 4. Any combination of alcohol and legal or illegal drugs will be classified as illegal when the used intent is for misuse or abuse. 25 III. DEFINITIONS: (All definitions are for the purpose of this Article.) A. Accident – Any occurrence of events which leads to property damage, physical injury, or death. B. Actual Physical Control - Term referring to driver's or operator's physical position and capabilities which permit someone to control, manipulate, readily set into motion or operation or utilize vehicles, machinery or equipment. C. Blood Alcohol Content (BAC) - A scientific metric measurement of alcohol from a specific measured sample of breath expressed in percentage form. BREATH: A volume of breath expressed in terms of grams of alcohol per 210 liters of breath. D. Blood Alcohol Test (BAT) - A medically acceptable procedure or scientifically approved instrumentation test to determine the content of alcohol in the blood. E. Chain of Custody - The ability to identify each person or facility that has control of a sample at any given time from the time the sample is taken until a final disposition occurs. F. Drug Paraphernalia - Any item used for administering, packaging or transporting illegal drugs. G. Drug Test - Tests scientifically designed and medically approved, that determine the presence of drugs in the body. H. Drugs - Any chemical substance that adversely alters a mind or body function when entering the body. I. Bargaining Unit member – Refers to those members who are covered under this Contractual Agreement. J. Evidential Breath-Testing Devices (EBTs) - A specifically designed device, approved by the National Highway Traffic Safety Administration (NHTSA), used by a certified breath-alcohol technician, following specific breath-testing procedures, in the collection and analysis of breath samples to determine the BAC level. K. Integrity Checks - A fail safe mechanism, built into the urinalysis/urine drug screen, which measures the level of certain elements normally found in the body that become abnormal when a urine sample to be tested is diluted or altered. 26 L. Medical Staff - Authorized personnel qualified by license or certification to perform medical procedures. M. Medical Review Officer (MRO) - A licensed (doctor or doctor of osteopathy) specifically authorized, appointed and approved by the LFUCG, who is responsible for receiving results generated by the authorized and approved LFUCG drug and alcohol testing program laboratory. The MRO shall have knowledge of substance abuse disorders and have appropriate medical training to interpret and evaluate an individual's confirmed positive test results, together with the Bargaining Unit member’s medical history and any other relevant biomedical information. N. Positive Drug Screen - The results of an approved medical or scientific test, properly reviewed and approved by a MRO, that reveal the presence of an illegal substance in the human body, as defined in VIII. “Testing Safeguards, Terminology and Guidelines”. O. Reasonable Suspicion - Whether a reasonable, prudent individual, trained in the symptoms of drug or alcohol abuse would believe, based upon observation, that someone was under the influence of drugs or alcohol; or that based on observation or information that drugs and/or alcohol is being used or stored on LFUCG property. P. Substance(s) - As used in this context, a substance is any chemical compound that will adversely alter the mind or body function when entering the body. Q. Testing facilities - Any physical area contracted by the LFUCG and designed to accurately administer scientific and medically approved tests. R. Urinalysis/Urine Drug Screen - Urine samples are screened for specified drugs and/or their metabolites utilizing enzyme immunoassay (EIA) using defined cutoffs. 1. Those urines found to be positive by the EIA methodology are then confirmed by gas chromatography mass spectroscopy (GCMS). 2. All urine drug screens and confirmations are to be conducted by a laboratory recognized and approved by the College of American Pathologists (CAP) or Substance Abuse and Mental Health Services Administration (hereafter referred to as SAMHSA) (Formerly: National Institute of Drug Abuse (NIDA)). 27 IV. BARGAINING UNIT MEMBER ASSISTANCE PROGRAM (EAP): The LFUCG has established and maintains an EAP, which informs members of the dangers of alcohol and drug abuse and offers assistance to members seeking help for alcohol or drug abuse, and the personal and emotional problems associated with abuse. A. Members Who Seek Assistance from LFUCG - PRIOR TO NOTIFICATION OF TESTING: At any time prior to testing, an employee may acknowledge their drug or alcohol abuse and secure a leave of absence to undergo rehabilitation in a certified program. An admission of substance abuse, including alcohol, will not subject the Bargaining Unit member to disciplinary action providing the aforementioned process is followed and the employee successfully completes the rehabilitation program. After acknowledgment of substance abuse involving the work place, refusal to commit to and successfully complete an authorized rehabilitation program will be grounds for discipline. Should the Bargaining Unit member commit to rehabilitation, a determination will be made by the EAP, the Director of Human Resources and the Chief as to whether the Bargaining Unit member can remain on the job in a current or available substitute duty capacity during rehabilitation, performing duties that pose no risk to fellow Bargaining Unit members, property, or the general public or whether the Bargaining Unit member must take a leave of absence or sick time during rehabilitation. Once the Bargaining Unit member is authorized to return to work, subsequent testing for continued substance use/abuse may be performed based upon a medical recommendation by the treatment provider. B. Leave During Treatment: There will be two (2) types of treatment plans for LFUCG employees: 1. In-patient followed by Outpatient Phase: The in-patient phase will be charged as sick leave or other leave, if such is available. If sick or other leave has been exhausted, their status will be changed to leave of absence without pay. 2. Out-Patient Phase Only: Normally, the Bargaining Unit member will return to work at his normal or alternate duties. However, if the EAP Representative recommends other duties during this phase, then provisions will be made. 28  C. Medical Insurance: The cost of rehabilitation will be provided by the LFUCG to those Bargaining Unit members who are covered by the government's medical insurance, but only to the extent of applicable coverage which exist at the time of any claim. Bargaining Unit members are responsible for all costs not covered by the Bargaining Unit member’s medical insurance. V. PROHIBITED BEHAVIOR: The following behavior and activities are prohibited under this Article and may subject the Bargaining Unit member to disciplinary action up to and including dismissal. A. Use, possession, distribution, or sale of alcohol, illegal drugs or drug paraphernalia or the unlawful manufacture, distribution, dispensation, possession or use of controlled substances on government property or within government vehicles. B. Being impaired anytime during the workday, as a result of using, alcohol, illegal drugs, misusing a legally prescribed drug, or any chemical substance, is prohibited behavior. C. Bargaining Unit members who are called to report back to duty are forbidden to report to their work site or job if impaired, and shall immediately, via telephone, notify their supervisor of such. D. Being impaired at any time while operating a government owned vehicle as a result of using alcohol, an illegal drug, illegal use of a legally prescribed drug, or any chemical substance is prohibited behavior. E. Operating or performing any safety sensitive function with a BAC of 0.02% or above, or being impaired at any level by any drug. At no time shall a Bargaining Unit member work displaying the odor of alcoholic beverages on or about his person. F. Ingesting any alcoholic substance prior to post-critical incident testing after a Critical Incident or using of any drugs prior to post-critical incident testing after a Critical Incident without medical authorization or under medical treatment. G. Storing in a locker, desk, vehicles, or other places on government premises any illegal drug, drug paraphernalia or alcohol which use or possession is unauthorized. H. Refusing to provide a blood, urine, saliva or breath sample for testing when required by reasonable suspicion, post critical, or for authorized random testing. 29  I. Switching or altering any submitted specimen for testing. J. Testing positive for drugs or alcohol. K. Refusing to complete a laboratory chain of custody form after providing a laboratory specimen for testing. L. Failure to report to the Bargaining Unit member’s immediate Supervisor and/or Chief, the use of any legal drug which may adversely alter the employee's behavior, physical or mental ability. VI. BARGAINING UNIT MEMBERS’ REPORTING RESPONSIBILITIES: A. LEGAL DRUGS: Prior to ingesting any legal drug, it shall be the sole responsibility of the employee to inquire from the attending physician, pharmacist, or health care provider, if the legal drug may limit or impair their ability to perform the duties of his/her position in any way. Bargaining Unit members, who have knowledge or have been informed, that the use of any legal drug may present a safety risk, shall immediately report such drug use to their immediate supervisor to determine job related consequences. Should any legal drug adversely alter the senses of or prevent the Bargaining Unit member from performing the job duties in a safe and productive manner, it shall be the responsibility of the Bargaining Unit member to notify his/her immediate Supervisor, advising them of the limitations the legal drug poses. Supervisors who are aware of such a situation are to instruct the employee to report performance problems to the District Officer. The Chief, or his designee, and the Director of Human Resources, or his designee, shall then determine if the Bargaining Unit member can safely and effectively perform the assigned job duties while taking the legal drug. If it is determined that the Bargaining Unit member cannot perform the job duties safely and effectively, the Bargaining Unit member may be required to take a leave of absence, sick time or assigned other modified duties to be determined by the Chief and the Director of Human Resources or designee. Any dispute relative to the Bargaining Unit member’s ability to perform his work assignment shall be resolved pursuant to Article 18 (Medical Examination/Fitness for Duty). 30  In cases of an unexpected adverse reaction to any legal drug while at work, the Bargaining Unit member, without delay, shall immediately notify their immediate Supervisor. A Bargaining Unit member who has an unexpected adverse reaction to any legal drug shall, without delay, safely cease operating vehicles where continued operation while impaired may be inherently dangerous, and shall immediately notify his immediate Supervisor. No Supervisor or Chief may assign, direct, or order an impaired Bargaining Unit member to continue operating a vehicle or equipment, or performing a safety sensitive function. B. DRUG RELATED ARREST OR SUMMONS: Bargaining Unit members arrested or summoned for violation of any law or ordinance pertaining to the illegal manufacturing, distribution, dispensation, possession or use of, legal or illegal drugs, shall immediately report such arrest or summons to the Fire Chief, who will in turn report same to the Director of Human Resources or designee. VII. REFUSAL TO SUBMIT TO A PROPER REQUEST FOR TESTING: For the purposes of detecting alcohol and illegal drug use/abuse, drug or breath alcohol test (BAT) will be requested. All tests shall be done in accordance with current applicable statutory or case laws to protect each employee’s constitutional rights. Refusal to submit to a drug or BAT, under these stipulations, shall be immediate grounds for dismissal. VIII. TESTING SAFEGUARDS, TERMINOLOGY AND GUIDELINES: Alcohol and Drug Screening shall be conducted under the following circumstances: DRUG TESTS AND CUT OFF LEVELS Drug Screening Limit Confirmation Limit Amphetamines 1000 NG/ML 500 NG/ML Barbiturates 200 NG/ML 200 NG/ML Benzodiazepines 200 NG/ML 200 NG/ML Cannabinoids 100 NG/ML 15 NG/ML Cocaine 300 NG/ML 150 NG/ML Methadone 300 NG/ML 300 NG/ML Opiates 300 NG/ML 300 NG/ML Phencyclidine 25 NG/ML 25 NG/ML 31 Propoxyphene 300 NG/ML 300 NG/ML B. TESTING SAFEGUARDS All testing will conform to Substance Abuse and Mental Health Service Administration (SAMSHA) drug testing protocol. If SAMSHA determines that the drug testing protocol will change, the Division of Human Resources will advise Local 526 of such changes. The procedures utilized by LFUCG and testing laboratory shall follow Department of Transportation standards and shall include an evidentiary chain of custody control. The lab will split the sample upon receipt to insure the availability of sufficient quantity to comply within this Article. All breath analysis testing shall be in accordance with Department of Transportation Standards. Alcohol testing shall be done to detect drivers operating a motor vehicle under the influence. A positive result of.02 or above shall be cause for a confirming blood test. The blood test (with a split sample) shall immediately be drawn to confirm a positive test. A confirming positive test of.02 or above will be grounds for dismissal. The MRO review is not required to confirm the results of an alcohol test (either the Breathalyzer or, the blood test or the test of the sample). All positive results will automatically be confirmed utilizing the appropriate determination by a certified laboratory. If an alcohol test is confirmed as positive, the Bargaining Unit Member may, upon written request and at the employee’s expense, have the split sample tested at a certified laboratory. The request shall be presented within 72 hours following notification of a positive result. The Bargaining Unit Member will notify the testing facility that they wish to contest the test results and will be provided a list of certified labs to choose from for conducting the contesting test. The Bargaining Unit Member is responsible for the cost of this test. MRO review is not required to confirm the results of the test. Because of the key role that the Medical Review Officer (MRO) plays in maintaining a fair and accurate drug-testing program, LFUCG shall select an MRO who meets all DOT regulations, training and education requirements. Upon reviewing a positive test result, the MRO shall attempt to contact the Bargaining Unit member to advise of the positive test result. If after 72 hours the MRO has not been able to contact the employee, then the MRO shall notify the Division of Human Resources designee of the positive test results in order to assist with contacting the Bargaining Unit member. After the MRO determines the test is positive, the testing results shall be delivered to LFUCG and the employee tested. A Bargaining Unit member 32  who tests positive in accordance with the above procedures shall have the right to request a certified copy of the testing results. The results of a positive test shall be delivered to the Division of Human Resources. A Bargaining Unit member whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. If a drug test is confirmed as positive, the Bargaining Unit member may, upon written request and at the employee’s expense, have the split sample tested at a certified laboratory. This request shall be presented within seventy-two (72) hours following notification of a positive result. The bargaining Unit member will notify the testing facility that they wish to contest the test results and will be provided a list of SAMSHA certified labs to choose from for conducting the contesting test. The Bargaining Unit member is responsible for the cost of this test. In the event the split sample test confirms the results of the first test, LFUCG may proceed with the sanctions set forth in this Article. In the event that the split sample test contradicts the result of the first test, the split sample result is determined to be the final result. If the results of the split sample test are negative, the Bargaining Unit member shall be given the benefit of the doubt and no sanctions shall be imposed. If the results are negative, the Bargaining Unit member shall be reimbursed for the retest expense. C. REASONABLE SUSPICION TESTING (RST) Bargaining Unit members will be tested for drugs or alcohol when reasonable suspicion exists to determine if the Bargaining Unit member is under the influence of drugs or alcohol. The basis for the decision shall be documented, in writing, by supervisory personnel or by medical personnel. A determination will be based upon observation and documentation of: 1. Detection of an alcoholic substance emitting from the Bargaining Unit member’s breath. 2. Observation(s) of the Bargaining Unit member’s speech being unusually slurred or noticeably different without a proper medical reason being given. 3. Observation(s) of the Bargaining Unit member’s actions or conduct as being noticeably different or impaired and not consistent with normal conduct and without proper explanation. 4. Observation(s) that the Bargaining Unit member’s appearance, in conjunction with the above, indicates that the Bargaining Unit member is impaired. 33  5. A pattern of abnormal conduct or erratic behavior, including abnormal leave patterns. 6. Observable phenomenon, such as direct observation of drug or alcohol use or possession and/or physical symptoms of being under the influence of a drug and/or alcohol. At the request of the Chief or the Director of Human Resources or designee, the observed Bargaining Unit member may be required to submit to an independent blood/breath/urine test to determine if the Bargaining Unit member is impaired. The requested testing is to be done within two (2) hours but no later than eight (8) hours after observation. D. POST CRITICAL INCIDENT TESTING (PCIT) 1. Any Employee who is involved in any of the following shall immediately notify their supervisor. Unless otherwise determined by the Fire Chief or designee, an Employee shall be tested under the following circumstances: (a) in an accident while operating a Division of Fire and Emergency Services Engine, Ladder Truck or Emergency Care Unit, which results in damages of $7,500 or more, or while operating any other Division vehicle with property damages of $5,000 or more, or (b) In a work-related incident resulting in any fatality, or (c) In a work-related incident or accident involving any injury requiring emergency treatment, or (d) In a work-related incident involving property damage of $5,000 or more. 2. Such testing shall be conducted within two (2) to eight (8) hours of the incident or at the Fire Chief or designee’s discretion. 3. Nothing in this section contravenes the right of LFUCG to require testing after a critical incident, injury or accident, based on reasonable suspicion as provided in Section C above, regardless of the nature of the incident or injury, or the amount of damage. E. RANDOM TESTING (RAN) Random Testing means that drug tests are unannounced and that through a random selection process all Bargaining Unit members have an equal chance of being selected. A Bargaining Unit member selected for random testing through the use of the random selection procedures specified within this Article shall be 34  subjected to testing of his blood, breath or urine, for the presence of alcohol and/or drugs within their system. Confirmed positive drug test results and the corresponding documentation will be forwarded by the medical facility to the MRO for review. IX. CONFIDENTIALITY: For the purpose of implementing the provisions of this Article, each Bargaining Unit member who undergoes drug testing shall execute a medical release in order for LFUCG to obtain the results of the drug screening testing. Except as otherwise provided by state or federal law with regard to communicable diseases, or without further authorization of the Bargaining Unit member, the releases referred to in this Article shall authorize only the release of examination results to the drug screening test results. No other medical finding may be released without the express written permission of the employee. X. RANDOM SELECTION PROCEDURES a. The Division of Human Resources, utilizing a computer-generated program for random selection, shall generate lists of random names from the select pools. Division of Fire and Emergency Services employees shall be tested weekly, at the rate of no more than one point five (1.5%) percent of the pool. b. An employee must take photo identification to the nearest designated testing facility within two (2) hours of being notified of their random selection. c. Bargaining Unit members who are on vacation, off-duty, or on sick or disability leave, shall not be called in from that status. The Fire Chief or his designee shall immediately notify the Division of Human Resources of any employee who is unavailable for testing. d. The President of Local 526 may request, and be provided an opportunity, to review the random selection history at any time. XI. TESTING FACILITIES The Division of Human Resources will provide a list of testing facilities to Local 526 and will also notify it of any changes in testing locations or procedures as soon as reasonably possible. XII. DISCIPLINARY ACTION 35  Any employee who violates any provision of this Article shall be subject to disciplinary action up to and including dismissal. ARTICLE 19 DISCIPLINE Section 1. Definitions a) Disciplinary action may consist of a written reprimand, suspension, reduction in pay or grade, or dismissal of a Bargaining Unit member. b) An informal complaint is an allegation that is investigated and vetted at the level of the appropriate Bureau/Shift Commander. c) A formal complaint is an allegation that is forwarded to Internal Affairs for formal investigation. d) For purposes of this Article, “days” shall be defined as “business days” (Monday through Friday). If the day of expiration is a weekend or holiday, then the expiration is on the next business day. e) A PDRB (Pre-Disciplinary Review Board) shall consist of two sworn members of the LFD above the rank of Major and one Citizen residing within Fayette County, appointed by the Mayor. Any persons serving on a PDRB shall have completed education on Uniform Disciplinary Guidelines, CBA, KRS, and the topics of just cause, progressive discipline, and due process. The parties will meet to discuss the educational requirements of the PDRB members. Section 2. The parties acknowledge that disciplinary “action” may originate from the complaint of a person, filed with the Clerk of the LFUCG Council pursuant to KRS 95.450(2), or from recommended charges preferred by an LFUCG official. Section 3. Disciplinary action initiated by a person’s complaint filed with the Clerk of the LFUCG Council pursuant to KRS 95.450(2) shall proceed to a hearing before the LFUCG Council as provided for in KRS 95.450, and shall not be subject to this Article or to the Grievance Procedure Article of this Agreement. Section 4. Disciplinary action initiated by the preferring of recommended charges by an LFUCG official, (who shall be deemed the designee of the Mayor for the filing of charges pursuant to KRS 95.450(2)) shall proceed as set forth below. Section 5. No Bargaining Unit member shall be disciplined or discharged without just cause. Any member who is subject to discipline or under administrative, non-criminal investigation because of an incident must be notified immediately upon such investigation in writing. Notification will be to Local 526 as well. Any discipline imposed will take into account the nature of the violation, the Bargaining Unit member’s record of performance and conduct, past disciplinary actions, and other appropriate considerations, and shall be consistent with the concept of progressive discipline. Prior suspensions and demotions may not be considered after four (4) years from the date 36 imposed, and prior written reprimands may not be considered after three (3) years from the date imposed. Oral warnings may not be considered after one (1) year from the date issued. Section 6. Bargaining Unit members shall have the right to have a Local 526 Representative present at meetings called by LFUCG which could lead to the imposition of discipline. At any such meeting, the Local 526 Representative shall have the right to advise the bargaining unit member. Section 7. a. The decision to advance an allegation to a formal complaint must be done within fifteen (15) days of receipt of an allegation, barring unforeseen factors (i.e. members off work for several days, unable to contact complainant, etc.) A formal investigation must be completed and allegations validated within forty- five (45) days of the formal complaint. b. Upon validation of the allegations through the formal investigation, a hearing before a PDRB (Pre-Disciplinary Review Board) shall be provided. The member and the Local 526 shall be provided notice of the hearing at least ten (10) days prior to the hearing. The notice shall include a summary of charges against the member. c. Attendance at the hearing shall be compulsory. The membe