Union Contract.pdf

Montgomery County, Maryland Agreement Between Montgomery County Career Fire Fighters Association, International Association of Fire Fighters, Local 1664, AFL-CIO and Montgomery County Government/Montgomery County, Maryland For the Years July 1, 2020 Through June 30, 2022 1 Section 6.13 Annual Leave Slots The number of vacation leave slots for 24-hour shift workers in the Division of Operations (field staffing) per day shall be equal to twelve percent (12%) of the sum of the average number of employees per shift as of October 1st and one-third of any career recruit class in session on October 1st. The number of vacation leave slots for day workers in the Division of Operations (field staffing) per day shall be equal to twelve percent (12%) of the day worker complement on October 1st. The number of casual leave slots for 24-hour shift workers in the Division of Operations (field staffing) per day shall be equal to nine percent (9%) of the sum of the average number of employees per shift on October 1st and one-third of any career recruit class in session on October 1st. The number of casual leave slots for day workers in the Division of Operations (field staffing) per day shall be equal to nine percent (9%) of the day work complement on October 1st. The number of daily leave slots, both vacation and casual, shall be in effect for an entire calendar year, and shall be calculated each fall, prior to the time that vacation leave is selected for the next calendar year. Any fractional numbers resulting from the annual calculation shall be rounded up to the next whole number. Section 6.14 Casual Leave Procedure: A. Casual leave shall be canceled by the requesting employee no less than 12 hours before the affected dayshift or 10 hours before the affected nightshift; except, however, if an employee’s leave request is approved less than 12 hours before the affected dayshift or less than 10 hours before the affected nightshift, the employee may cancel such leave up to 1 hour after accepting official notification that his/her leave request has been approved. In the event that an employee has assumed the responsibilities of a minimum staffing position prior to official notification of their casual leave, that employee must not leave prior to being relieved. B. The employee requesting casual leave shall request such leave not earlier than thirty (30) days before the requested date, and not later than 2100 hours on the day before the leave day being requested. If leave is available and granted within the above parameters, the scheduler will make appropriate TeleStaff entries and notifications. Requests for casual leave will be granted or denied by the Scheduler via telephone or TeleStaff, in accordance with the established number of leave slots available. Although use of email or TeleStaff, or review of the casual leave online calendar, is preferred, an employee may contact the scheduler by telephone to determine leave availability at any time. C. Causal leave may be approved after the beginning of a shift if leave slots are available, provided that service needs are met. Personnel being granted “same-day casual leave” must remain on duty at the work-site until their relief arrives. 10 D. If leave slots are available and the casual leave request is granted, leave will be granted on a first-come, first-served basis. E. The County will maintain and regularly update (in sync with TeleStaff) an online calendar, available through MCFRS’ Quicklinks, including casual leave counts for the next thirty-one (31) days. F. Upon approval of a casual leave request, an outbound notification to the employee that such request was approved shall be initiated. Section 6.15 Personal Leave Days At the beginning of each leave year, each bargaining unit member assigned to a 2,496-hour work year shall be credited with 48 hours of personal leave to be used for any purpose. Each bargaining unit member assigned to a 40- or 42-hour work week shall be credited with a prorated number of hours of personal leave. The days must be used in full shifts (no partial shifts) and must be used during the leave year. All unused days are forfeited at the end of the leave year. Requests to use personal leave days will need to be scheduled and authorized in the same manner as annual leave is scheduled and approved. Personal leave benefit will be pro-rated for part-time employees. This additional personal leave will be taken and used without additional personnel costs or use of overtime to backfill for unit members on personal leave. ARTICLE 7 - SICK LEAVE 11 Section 7.7 Sick Leave Use A. Procedure The parties agree that the following sick leave usage procedure will apply. During any consecutive twelve (12) month period, an employee who is scheduled to work 2,496 hours per year and who is unable, due to illness or injury, to report to work for more than seventy-two (72) consecutive work hours; an employee who is scheduled to work 2,184 hours per year and who is unable, due to illness or injury, to report to work for more than forty-eight (48) consecutive work hours; an employee who is scheduled to work 2,080 hours per year and who is unable, due to illness or injury, to report to work for more than forty (40) consecutive work hours; must obtain documentation from a physician or other licensed healthcare provider3 confirming the employee was under the physician’s or other licensed healthcare 1 The term “legal guardian” refers to 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. 2 The term “domestic partner” is defined in Section 40.4 of this Agreement. 3 The term “other licensed healthcare provider” does not include those individuals licensed through MIEMSS. 12 provider’s care. Such documentation must be submitted before the end of the employee’s next working shift after taking sick leave (family or personal).4 1. The medical documentation obtained from the physician or other licensed healthcare provider shall be forwarded electronically by the employee to the Battalion Chief and upon receipt, the Battalion Chief shall promptly approve the sick leave via the MCFRS scheduling software. The Battalion Chief may require the employee to obtain medical clearance from the Fire Rescue Occupational Medical Section if he or she believes that the employee is not medically fit for full duty. An appointment with the Fire Rescue Occupational Medical Section will be scheduled via the Battalion Chief. The medical documentation from the Fire Rescue Occupational Medical Section will be forwarded to the Battalion Chief via the Station Officer, when the employee returns to their work site. 2. During any consecutive twelve (12) month period, an employee on a “24/48” work schedule may incur four (4) incidents of sick leave use (family or personal) without obtaining and submitting to the Employer medical documentation from a physician or other licensed healthcare provider. When the employee has reached the above-described limitation on the use of sick leave (family or personal) without obtaining and submitting medical documentation, the Employer agrees that the Battalion Chief will: a. communicate to the employee that additional sick leave without the appropriate documentation from a physician or other licensed healthcare provider may result in the employee being placed on sick leave restriction. The Battalion Chief shall be responsible for ensuring that such notification is received by the employee. b. If the employee is placed on sick leave restriction, the Employer may: i. refuse to approve additional sick leave without the appropriate medical documentation. ii. If the employee uses additional sick leave and fails to obtain and submit the appropriate medical documentation, the Employer may charge the employee AWOL for the time the employee was absent from work. 3. When an employee on a “24/48” work schedule and on sick leave restriction uses sick leave without providing documentation from a physician or other licensed healthcare provider, the employee may be subject to: a. being charged AWOL for the period of time that the employee was absent from work; and/or, b. appropriate disciplinary action; 4. An employee on any other shift may be restricted from using sick leave after a like number of incidents uses, absent documentation. (For example: employees assigned to a forty (42)- hour work week may be restricted from further sick leave use after the employee incurs five (5) incidents of sick leave use (family or personal) without obtaining or submitting medical documentation. Employees on a forty (40)-hour work week may be restricted from further sick leave use after the employee incurs five (5) incidents of sick leave use (family or personal) without obtaining or submitting medical documentation. 4 The documentation requirement discussed in Section 7.7.A. shall also apply to sick leave use for the care of “immediate family,” as that term is defined in Section 7.1.D. of this Agreement. 13 5. Battalion Chiefs may require an employee to provide medical certification from a physician or other licensed healthcare provider any time the Employer has reasonable cause5 to believe that an employee is misusing/abusing sick leave. Examples of sick leave misuse/abuse may include: a. repeated use of sick leave after a request for annual/compensatory leave has been denied; b. repeated use of sick leave on the shift before or the shift after a Kelly day, holiday or weekend day; c. use of excessive amounts of sick leave; d. use of sick leave in excess for that which is earned per calendar year; e. repeated use of sick leave when the work schedule is heavy, undesirable or involving special projects or functions; or f. engaging in outside employment activities while using sick leave without prior approval. 14 ARTICLE 8 - PARENTAL LEAVE Section 8.1 Grants of Parental Leave 17 A bargaining unit employee must be allowed to use up to 864 hours if working a 2,496- hour work year, 756 hours if working a 2,184-hour work year or 720 hours if working a 2,080- hour work year, of any combination of sick, annual, or compensatory leave and leave without pay during any twenty-four month period to care for: A. A newborn child of the employee, or B. A newly adopted child of the employee. Section 8.2 Use of Parental Leave All leave taken under this section shall be consistent with established policy and procedure and: A. Must be used within 12 months of the birth of the child or placement with the employee for adoption. B. At the election of the employee, may be used on a continuing basis. C. With the approval of the supervisor, may be used: 1. Under a method involving a reduced workday or workweek, 2. On an intermittent basis, or 3. Any combination thereof. D. May be in addition to any other leave taken under these regulations. E. Is subject to a 30-day advance notice requirement. F. The use of parental leave under this section for a Family and Medical Leave Act (FMLA) purpose will be considered to be FMLA leave and count towards the FMLA entitlement of 12 weeks of leave in a leave year. However, compensatory time used as parental leave cannot be counted as FMLA leave. G. An employee who has exhausted the parental leave provided under this section (720 to 864 hours in a 24-month period), may still be entitled to use up to 12 weeks of FMLA leave in a leave year in accordance with Article 11 of this Agreement. Section 8.3 Relation to Other Benefits A merit system employee who uses leave without pay under this section will retain all health and life insurance benefits for the entire period. Section 8.4 Limitations on Sick Leave Usage A. Any use of sick leave for either medical reasons or for the purpose of attending the immediate family at the time of birth or adoption of a child must be deducted from the 720, 756, or 864 hours, as applicable. B. Sick leave donations may not be used to cover absences occurring under this section. 18 ARTICLE 11 - FAMILY MEDICAL LEAVE Section 11.1 Definition Family and medical leave is paid or unpaid leave granted to eligible employees for the purposes stated in the federal Family and Medical Leave Act (FMLA) of 1993. Section 11.2 Eligibility An employee who has been employed by the County for a total of 12 months, and who has been in a work status for at least 1040 hours in the preceding 12 months, must be allowed to use 12 workweeks per leave year of any combination of annual leave, sick leave, disability leave, parental leave, and leave without pay for any one or more of the following reasons: A. To care for the employee's newborn or newly adopted child or to care for a foster child newly placed with the employee; B. To obtain prenatal care for the employee or to arrange for the adoption or foster care placement of a child with the employee; C. To care for or arrange care for any of the following with a serious health condition: the employee’s spouse or domestic partner, a minor child of the employee or the employee’s domestic partner, adult son or daughter of the employee or domestic partner incapable of self care, or parent; D. Because of the employee's serious health condition that makes the employee unable to perform the functions of the employee's position. Section 11.3 Leave Year The leave year begins with the first full payroll period of a calendar year and ends with the payroll period in which December 31 falls. Section 11.4 Workweek A workweek for FMLA purposes consists of the average number of hours which the employee works in a week. Section 11.5 Use of FMLA leave 23 A. Leave taken to care for the employee's newborn child or child newly placed for adoption or foster care: 1. Must be taken within 12 months of the birth, adoption, or foster care placement of the child; 2. May be used on a continuing basis or, with the approval of the supervisor, may be used on an intermittent or reduced workweek basis; 3. At the employee's option, may be paid leave of the appropriate type, or unpaid leave, or any combination of the two; 4. Must be unpaid leave if the employee has exhausted all appropriate paid leave or does not accrue paid leave; 5. Is subject to a 30-day advance notice period; 6. Will not qualify as parental leave under Article 8 of this Agreement if the leave is taken to care for a newly placed foster child, or if the employee has exhausted the 720 hours (up to 864 hours for an operational firefighter) of parental leave provided per 24-month period under Article 8. B. FMLA leave which does not qualify as parental leave under Article 8 of this Agreement may not include sick leave beyond the limitations stated in section 7.1 of the Agreement. C. FMLA leave taken for medical purposes listed in section 11.2 C and D: 1. At the employee's option, may be paid leave of the appropriate type or unpaid leave, or any combination of the two; 2. Must be unpaid leave if the employee has exhausted all appropriate paid leave or does not accrue paid leave; 3. May be used on a continuing, intermittent or reduced workweek basis, as needed. 4. The Employer may require an employee to submit medical certification from a health care provider to support a request for FMLA leave for the employee's serious health condition that makes the employee unable to perform the function of the employee's position, or for the serious health condition of the employee’s family member including domestic partners and their children. A request for medical certification must be made in writing and must advise the employee of the anticipated consequences of failing to provide the certification. Medical certification may be required for any of the following reasons: (a) the FMLA leave exceeds 5 consecutive work days; (b) the employee requests to use any amount of annual leave as FMLA leave, and the requested leave would not normally be approved under the standards generally applied to requests for annual leave; (c) the Employer suspects the employee of leave misuse or abuse; (d) the employee has been placed on leave restriction and must submit medical certification for any request to use leave for medical purposes; or, (e) the department's approved leave policy requires medical certification under the circumstances. 5. The Employer may require medical re-certification of a serious health condition of the 24 employee or the employee's family member. Such re-certification may be requested verbally, at reasonable intervals, but not more often than every 30 days, unless: (a) the employee requests an extension of leave; (b) circumstances described by the original certification have changed significantly; (c) the Employer receives information that casts doubt upon the continuing validity of the original certification; or, (d) the employee is unable to return to work after FMLA leave because of the continuation, recurrence, or onset of a serious health condition. 6. If medical certification or re-certification is required, it must be submitted by the employee within 15 calendar days after it is requested by the Employer. 7. If the Employer has reason to doubt the medical opinion as documented by the completed medical certification for the serious health condition of the employee or the employee's family member (including domestic partners and their children), the Employer may require the employee to obtain, at the County's expense, a medical opinion from a second health care provider designated by the Fire/Rescue Occupational Medical Section. If the two opinions differ, the employer may require a medical opinion from a third health care provider at the expense of the County. The employee and the Fire/Rescue Occupational Medical Section must jointly agree on the third health care provider, whose opinion is final and binding. 8. FMLA leave taken for a serious health condition may be taken on an intermittent or reduced work schedule if the medical need can best be accommodated through such a schedule. An employee must attempt to schedule intermittent leave so as not to disrupt the work unit unduly. 9. FMLA leave cannot be taken to care for the employee's adult son or daughter capable of self care who has a disability from which complete recovery is expected. 10. When returning from 15 or more consecutive days of FMLA leave for the employee's serious health condition other than childbirth, the employee must be referred to the Fire/Rescue Occupational Medical Section for clearance to return to work. D. An employee may be temporarily transferred to another position in the Department with equivalent pay and benefits to accommodate an intermittent leave schedule or reduced workweek. E. Employees must apply for paid FMLA leave in accordance with applicable procedures for the granting of annual leave, sick leave, and parental leave and provide as much advance notice as possible to the Employer so as not to disrupt the work unit unduly. When unforeseen events occur, notice of the need to use FMLA leave will be given as soon as practicable, ordinarily within 1 or 2 working days. F. Employees must provide advance written notice of intent to use leave without pay for FMLA purposes when the need to use the leave is foreseeable. Employees must otherwise provide such notice as is practicable. G. Either the employee or Employer may designate leave as FMLA leave. The Employer should designate leave as FMLA leave if the information available to the Employer from the employee indicates that the leave is being taken for an FMLA purpose, and the employee has not 25 requested or otherwise indicated that the leave is FMLA leave. The Employer must advise the employee prior to the completion of the period of leave that it has been designated as FMLA leave and the reasons for the designation. Section 11.6 Limitations on Sick Leave Usage Sick leave may only be used for the following FMLA purposes: A. To care for the employee's newborn or newly adopted child, provided that the leave qualifies as parental leave under Article 8 of this Agreement; B. To care for the employee's newborn or newly adopted child, if the leave does not qualify as parental leave under Article 8 of this Agreement, subject to the limitations on family sick leave in section 7.1; C. To obtain prenatal care for the employee; D. To care for, or arrange care for, any of the following with a serious health condition: the employee’s spouse or domestic partner, a minor child of the employee or the employee’s domestic partner, adult son or daughter of the employee or domestic partner incapable of self care, or parent, subject to the limitations on family sick leave in Section 7.1; E. Because of the employee's serious health condition that makes the employee unable to perform the functions of the employee's position. Section 11.7 Recording of Family and Medical Leave Leave used for FMLA purposes will be recorded as FMLA leave, and, as applicable, as annual leave, sick leave, disability leave or leave without pay. Section 11.8 Relation to Other Benefits A. An employee who uses leave without pay under this section will retain all health and life insurance benefits for the entire period of leave without pay. Such employees may defer payment of the employee's share of the cost of such benefits until the employee returns to pay status. If the employee elects to defer such payments, the employer will deduct one-sixth of the total amount owed from the employee's next six paychecks upon return from FMLA leave. B. The employee must be restored to the same or an equivalent position with equivalent benefits upon return from FMLA leave. C. An employee who uses FMLA leave under this Article shall continue to accrue seniority for all purposes during the entire period of leave. D. The use of FMLA leave will not prevent an employee from using other types of accrued or non- accrued leave, subject to the limitations stated in other sections of this Article. ARTICLE 12 - LEAVE WITHOUT PAY Section 12.1 Definition Leave without pay is an approved absence during which time the employee is in a non-pay status. Section 12.2 Eligibility 26 Leave without pay is a privilege that may be granted to an employee at the discretion of the Chief Administrative Officer or other designated official. However, an employee must be allowed to use leave without pay for FMLA purposes in accordance with Article 11 of this Agreement. Section 12.3 Employee Request for LWOP A. An employee who wants to use LWOP should: 1. request it in writing in advance unless the employee could not anticipate the need to use LWOP; and 2. give the request for LWOP to the employee’s supervisor and state in general terms the employee’s reason for requesting the leave. B. In emergency situations, LWOP may be granted by the Chief Administrative Officer or other designated official without prior application. Section 12.4 Approval of LWOP Request A. The Employer must approve LWOP for an eligible employee if the requested leave is: 1. FMLA leave under the Family and Medical Leave Act, Montgomery County Employee Benefits Equity Act, and Article 11 of this Agreement; 2. parental leave under Article 8 of this Agreement; 3. military leave under Section 12.6 of this Article; 4. leave approved for an employee who is a member of the General Assembly under Section 12.7 of this Article. B. The Employer may approve an employee’s request to use LWOP for another purpose after considering the employee’s reason for requesting LWOP and how the employee’s absence will affect the division’s work. C. An employee may appeal a denial of LWOP by filing a grievance under Article 38 of this Agreement. Section 12.5 Limits on LWOP A. The Employer may approve LWOP for an employee for one year or less. B. If an employee has used more than 12 consecutive months of LWOP, the Employer may: 1. terminate the employee’s employment 2. take another action consistent with State or Federal law such as the ADA, FMLA, or USERRA. C. If the Employer approves more than 90 consecutive calendar days of LWOP for an employee, the Employer may, as a condition of approval, require the employee to waive the right to be reinstated to the employee’s position after the approved LWOP period ends unless the LWOP is: 1. FMLA leave; 2. parental leave; 3. military leave; or 4. leave approved for an employee who is a member of the General Assembly under Section 27 A. Effect on employee’s annual and sick leave accrual. Except as provided in Section 12-7 (c) above: 1. an employee must not accrue annual or sick leave while the employee uses LWOP; 2. 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 an employee uses LWOP for more than 4 consecutive weeks. B. Effect on an employee’s eligibility for a service increment. The Employer must reassign the service increment date of an employee who uses more than 28 calendar days of LWOP, unless the LWOP is: 1. FMLA leave; 2. parental leave; 3. military leave; 4. professional improvement leave; or 5. used under Section 12-7 (a) and (c) by an employee who is a member of the Maryland General Assembly. C. Period of suspension to be treated as LWOP for benefits purposes. If an employee is suspended, the Employer must treat the period of suspension the same as a period of LWOP for the purpose of the employee’s benefits. Section 12.9 Military Leave for Active Duty An employee who is required to serve on active duty in the armed forces of the United States or state militia must be granted leave without pay for the period the employee is required to remain in the military service. The employee is entitled to reinstatement to the former position or one of comparable status upon separation from the armed forces, provided application for reinstatement is made within 90 days from date of separation. 29 ARTICLE 14 - OVERTIME Section 14.1 Policy Overtime work may be authorized by the Fire Chief or designee when an employee is required to work in excess of the normally scheduled work day or workweek, subject to the following: A. Required overtime work must be authorized by the Fire Chief or designee. B. Overtime is paid at the monetary rate of 1½ times the employee's gross hourly rate of pay (including pay differentials. Upon request, bargaining unit employees shall be granted compensatory time at 1½ times the excess hours worked in lieu of overtime pay. C. Overtime work will be compensated at the rate identified in subsection (B), above. Employees will record actual overtime worked. D. Prior to authorizing overtime, the employee must have been in pay status: 1. in excess of the regularly scheduled work day; 2. except, if the overtime work is scheduled, then the employee must have been in work status more than the regularly scheduled workday, unless leave had been approved prior to the scheduling of the overtime. E. Personnel on Kelly will be offered the first opportunity to work overtime. All day work Kellys will be assigned a “shift equivalent” Kelly (i.e., A-1, B-1, C-1, A-2, B-2, C-2, etc.) and shall be considered the “off-going” shift for days their shift work equivalent is the off-going shift and the “on- coming” shift for days that their shift work equivalent is the on-coming shift, as based on their “shift equivalent” (i.e., A, B or C). For employees assigned to ROCC and FEI who work a 2- 2-4 schedule, the County shall assign them a “shift equivalent” Kelly each month based on their work schedule for that month. 30 Scheduling shall hire the bargaining unit employee with the least accrued overtime worked, year-to-date, before bargaining unit employees with higher accrued year-to- date overtime. The following order shall apply: 1. Kelly Day personnel within the station6 including personnel who sign up for either dayside or night side only. If more than one person is on Kelly Day within the station, then the one with the least amount of overtime hours is hired first. 2. Kelly Day personnel countywide, including people who sign up for either dayside or night side only. If more than one person is on Kelly Day within the County, then the one with the least amount of overtime hours is hired first. 3. Off-going shift personnel within the battalion shall have the next opportunity for overtime during the entire 24 hour period that they are the off-going shift. Personnel with the least amount of overtime hours are hired first. 4. Off-going shift personnel countywide shall have the next opportunity for overtime during the entire 24 hour period that they are the off-going shift. Personnel with the least amount of overtime hours are hired first. 5. On-coming shift personnel countywide shall have the next opportunity for overtime during the entire 24 hour period that they are the on-coming shift. Personnel with the least amount of overtime hours are hired first. 6. If no personnel remain on the overtime sign up list or unscheduled overtime occurs after 0700 hours and requires a position to be filled immediately, the schedulers shall use all practicable means to fill every overtime vacancy with the bargaining unit employee having the lowest number of overtime hours worked year-to-date. In applying the above order, the following shall be in effect: 1. Bargaining unit employees in the ranks of Fire/Rescue Captain and Fire/Rescue Lieutenant shall not be hired on overtime for ALS transport units, ALS chase cars, or AFRA ALS positions unless no other qualified bargaining unit employees in the rank classifications of Master Fire Fighter / Rescuer, Fire Fighter / Rescuer I7Fire Fighter / Rescuer II, and Fire Fighter / Rescuer III are available to work. 2. Bargaining unit employees in the ranks of Fire/Rescue Captain and Fire/Rescue Lieutenant shall not be hired on overtime for the Scheduler position unless no other qualified bargaining unit employees in the rank classification of Master Fire Fighter / Rescuer are available to work. 3. Bargaining unit employees in the ranks of Fire/Rescue Captain and 6 For personnel assigned as a Safety Officer, an EMS Duty Officer, or to ECC, or to Scheduling, their “station” shall be their regular work assignment. Employees assigned as a Safety Officer, an EMS Duty Officer, to ECC, or to Scheduling will be assigned a battalion equivalent. 7 A Fire Fighter / Rescuer I who has achieved merit system status. 31 Fire/Rescue Lieutenant shall 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 I8 Fire Fighter / Rescuer II, and Fire Fighter / Rescuer III shall 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 shall 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. F. The Chief Administrative Officer or designee may grant to eligible employees compensatory time at 1½ times the excess hours worked then budgetary limitations preclude the monetary payment of overtime compensation, except when the Fair Labor Standards Act requires overtime pay. G. 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. In the event of an employee's death, the employee's estate or designated beneficiary or beneficiaries, if permissible by law, must be paid for all accrued compensatory leave. The designated beneficiary must be as specified by the employee or as designated under the Employee's Retirement System of Montgomery County, if not named specifically. H. The County shall maintain a single electronic application, database or other like system to track all overtime hours worked by bargaining unit employees. This application, database, or other like system shall be the same system that is used by the County’s schedulers to assign bargaining unit employees to worksites. The County shall ensure that all overtime hours worked, as reported on employees’ timesheets, are entered in to this system within ten days of the end of the pay period. The County shall provide the Union with reports from this system or access to the system with the ability to create reports along with payroll reports showing all calendar year-to-date overtime worked by bargaining unit employees on a bi-weekly basis. If the County elects to provide the Union access to the system, the County agrees to also provide the Union with instructions on how to access the data; and the County further agrees to provide the Union technical support. Overtime pay for an individual employee is limited to an amount equal to one hundred (100) percent of the employee’s total county salary. Total county salary, for purposes of this article, means an employee’s wage scale salary, including any special duty differentials and ESD’s, earned in a calendar year as calculated by the payroll section. Any bargaining unit employee reaching the overtime cap may only work additional overtime with the express approval of the Fire Chief. Being held on an incident, held over for relief or mandatory callback are the only automatic exceptions to the one hundred (100) percent limitation. However, the Fire Chief may authorize overtime for employees that have reached 8 A Fire Fighter / Rescuer I who has achieved merit system status. 32 the overtime cap in cases where the employee in question is the only person that is available to work the overtime assignment. Employees will be notified by memorandum when they have earned overtime equal to seventy- five (75) percent of their total county salary. Employees will be notified by memorandum that their ability to be assigned overtime is restricted when they have earned overtime equal to one hundred (100) percent of their total county salary. During the term of this Agreement, if five (5) percent of the bargaining unit employees receive overtime compensation that exceeds seventy-five (75) percent of their annual wage scale salary (inclusive of special duty differentials and ESD’s) during any calendar year, then the overtime cap will be subject to re-negotiations. Failing prompt agreement, either party may declare impasse and the dispute shall be expeditiously submitted to a neutral selected in accordance with the Fire and Rescue Collective Bargaining Law for the last best total package offer binding arbitration. I. Any employee who is notified of an overtime work assignment by 2100 hours the evening prior to the scheduled start of the overtime assignment and who then cancels the overtime assignment within ten (10) hours of the scheduled start time more than two (2) times within a ninety (90) day period may be restricted from working voluntary overtime assignments for thirty (30) consecutive calendar days. In the event an employee is placed on overtime restriction more than once in any twelve (12) consecutive month period, subsequent restriction periods during the remainder of the (12) consecutive month period will have duration of forty- five (45) consecutive calendar days. Overtime that is canceled within the time frame identified in this Section may be excused by the MCFRS Division Chief of Operations, or designee, and not be deemed a cancellation that is subject to the above restriction(s). The standard for excusing an overtime cancellation shall be “reasonableness” (i.e., reasonable person standard). Upon completion of the applicable restriction period, the 90-day period shall start again. This section shall not apply to overtime assigned by the Scheduling office after 2100 hours the evening prior to the start of the applicable shift. Section 14.2 Training All bargaining unit employees scheduled to attend classes or training necessary for the maintenance of certification, on their days off, shall be compensated at 1½ times their regular pay rate for successful completion, with prior approval by the Fire Chief or designee. Section 14.3 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. Section 14.4 Involuntary Overtime A. Involuntary Overtime is defined as hours worked by an employee under the following conditions: 1. The employee has not signed up to work voluntary overtime on a given day; and 2. The employee has been ordered to remain on-duty following the end of the employee's scheduled work hours that day due to a staffing shortage. 33 However, employees who are held beyond the end of their scheduled work hours on incidents or who respond to incidents before or after their scheduled work hours are not considered to be working involuntary overtime. B. 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: 1. A Department official will send a notification through the MCEN system so that every bargaining unit member will receive either a text message or email explaining that personnel may be assigned involuntary overtime and the work hours involved. 2. Each station officer will be expressly informed to advise on-duty personnel in his/her station that the potential for involuntary overtime exists. C. Following the steps in subsection B above, if a sufficient number of bargaining unit employees have not elected to work overtime on a voluntary basis, involuntary overtime shall be assigned in the following manner: The employee currently in the station with the least seniority that meets the qualifications to fill the position will be assigned to work the overtime hours; provided, however, that a more senior employee currently in the station may choose to accept the overtime assignment, and in so doing, will be considered to be working involuntary overtime. D. Except when there are extenuating circumstances, no bargaining unit employee shall be required to work involuntary overtime on more than one occasion during any forty-five (45) consecutive calendar day period. 34 ARTICLE 16 - HOLIDAYS Section 16.1 Holidays A. New Year's Day January 1 B. Martin Luther King, Jr. Day Third Monday in January C. Memorial Day Last Monday in May D. Independence Day July 4 E. Juneteenth June 199 F. Labor Day First Monday in September G. Veterans Day November 11 H. Thanksgiving Day Fourth Thursday in November I. Christmas Day December 25 J. Special Holidays Other days designated by action of the Chief Administrative Officer as a full-day or part-day holiday or as a non-work day. Religious holidays must not be designated as special holidays, as approved absences on these days may be obtained through annual leave or alternative work schedules. Section 16.2 Holiday Benefit Every eligible employee working a 2080-hr. work year shall receive 13 hours of straight time pay as their holiday benefit, for every holiday not identified in paragraph 2 of this section. Every eligible employee working a 2184-hr. work year shall receive 14 hours of straight time pay as their holiday benefit for every holiday not identified in paragraph 2 of this section. Every eligible employee working a 2496-hr. work year shall receive 16 hours of straight time pay as their holiday benefit for every holiday not identified in paragraph 2 of this section. In the alternative, bargaining unit employees may elect compensatory leave in lieu of straight time pay at 13, 14 or 16 hours consistent with the employee's annual work year. The benefit shall be recorded on the time sheet for the pay period in which the holiday falls and paid in the next paycheck. For Inauguration Day, Presidents’ Day, Election Day, and Indigenous Peoples’ Day every eligible employee may elect between the straight time pay as described in paragraph 1 of this section, or at their election, receive an alternative benefit of 13, 14 or 16 hours of compensatory leave. The purpose of this alternative is to provide for an alternative day off on these days. It is the intent of the Employer to open the government for normally scheduled business on these days, and each employee normally scheduled to work should anticipate having to work on these days. Section 16.3 Eligibility for Holiday Benefit A. Each employee in an approved pay or leave status is eligible to be granted the holiday benefit. B. Any employee who fails to report for work as scheduled, and who is not in an approved leave status, will not be eligible for the holiday benefit for that holiday. 9 Pending Council action to add Juneteenth as an official County holiday. If the County Council fails to add Juneteenth as an official County holiday, the parties agree to open Article 16 to bargain amendments relating to Juneteenth. Such negotiations shall be subject to the impasse/fact-finding procedures in Article 43. 36 C. Any employee on non-pay status on both the employee's last regular work day before and first regular work day after a holiday or an employee who is absent without approved leave on either or both days mentioned above will not be eligible for the holiday benefit for that holiday. Section 16.4 Scheduling of Work on Holidays As necessary, County fire and rescue services must be maintained. An employee may be required to work by the Fire Chief or designee on any day designated as a holiday. A. The Chief Administrative Officer will determine which County services must be maintained on a full or partial basis. B. The department head or designee must determine which employees must work and which employees may take approved leave on holidays, per applicable leave procedures. Section 16.5 Conformance to Related Rule, Regulation, Policy, Contract The holiday benefit outlined in Section 16.2 is the only benefit to be associated with the declared holiday period. Every employee is required to conform to all other rules, regulations, and policies regarding leave, overtime, and attendance to work. 37 ARTICLE 24 - DAILY WORK SCHEDULE Section 24.1 Meal Times – 24-Hour Shift The Employer agrees to provide reasonable time (not more than one hour per meal) for lunch and dinner meal periods. Such meal periods shall not be unreasonably denied. Section 24.2 Meals When Working Beyond the 24 Hour Shift Employees who are held over and required to work more than three hours beyond their regular 54 schedule shall be given reasonable time, consistent with Section 24.1, to eat meals while on duty. Section 24.3 Rest Period Following the third daily activity period, for any employee working shift work, bed rest shall normally begin at 2100 hours. This provision shall not, however, impede the performance of work based upon operational needs as required and deemed appropriate by the Employer. ARTICLE 25 - REPORTING TIME When a bargaining unit employee reports to his/her assigned work location and is then detailed to another location, he/she shall be allowed a reasonable time to arrive at the location of the detail. ARTICLE 26 - PERSONNEL FILES/RECORDS Section 26.1 Examination An employee, upon presenting his/her identification, shall be permitted by appointment to examine his/her personnel, departmental operating, supervisory, or medical files. The employee shall indicate in writing, to be placed in his/her file, that he/she has examined the same. The custodian of medical records may determine, consistent with State law, that certain medical information will only be released through the physician or attorney of the employee upon receipt of a signed release from the employee. Medical records will be maintained in accordance with Section 26.6 of this Article. The County may retain and store records in various formats, including as electronically imaged documents. The records of the MCFRS Internal Affairs Division (IAD) are not personnel records. Section 26.2 Employee Notification Any time that a document is added to an employee's personnel, medical or departmental operating file, a copy must be provided to the employee, and the employee shall be given an opportunity to submit rebuttal, if desired, to be included in the file. A log will be maintained in the employee’s official personnel file, departmental operating record and medical record, regardless of the medium or format in which these records are maintained. The log kept in the employee’s official personnel file must record the names of all persons who review this file, and each date when the file is reviewed. Provided, however, that the Director and employees of the Office of Human Resources are not required to make entries in a log when they access an employee’s official personnel file. The log kept in the employee’s departmental operating record must record the names of all persons who review this file, and each date when the file is reviewed. Provided, however, that the custodian of departmental operating records, and all employees supervised by the departmental custodian who perform personnel administration functions, are not required to make entries in a log when they access an employee’s departmental operating record. The log kept in the employee’s medical record must record the names of all persons who review this file, and each date when the file is reviewed. Provided, however, that employees and contractors of the County’s Fire/Rescue Occupational Medical Section are not required to make entries in a log when they access an employee’s medical record. The log kept in the employee’s medical record must record the names of all persons who review this file, and each date when the file is reviewed. Provided, however, that employees and contractors of 55 the County’s Fire/Rescue Occupational Medical Section are not required to make entries in a log when they access an employee’s medical record. Section 26.3 Official Personnel File A. The Office of Human Resources must keep the County’s official personnel file for each employee. The official personnel file must not contain any information about an employee’s medical or psychological condition. B. The documents in the official personnel file are limited to: 1. application for employment or promotion that resulted in appointment or promotion; 2. employment history, including personnel action documents affecting appointment, promotion, transfer, salary change, or other personnel action; 3. employee identifying information and emergency contact information; 4. payroll withholding documents; 5. insurance, retirement, and other records related to employee benefits; 6. education records submitted with application for employment or promotion, but not routine training records; 7. performance evaluations from the last 5 years; 8. disciplinary actions other than written reprimands; 9. commendations; and, 10. written reprimands from the last 12 months. Section 26.4 Departmental Operating Record A. A department director may maintain employee records necessary for program level operations. Operational records must not contain any information about an employee’s medical or psychological condition. B. Departmental records shall include records of an employee’s training, including selection for training, for the entire period of an employee’s employment and must be kept for 6 months after the employee leaves County employment. C. If an employee transfers to another department, the DFRS Chief must give the employee’s training records to the new department. D. The documents in the departmental operating record are limited to: 1. home address and phone number; 2. current job information, which may include the job description and location; 3. employee emergency contact information; 4. training records; 5. timesheet and leave data necessary to verify payroll; 6. leave records from the last 5 years; 7. performance evaluations and supporting documentation from the last 5 years; 56 8. commendations from the last 5 years; 9. disciplinary actions, other than written reprimands from the last 5 years; 10. documents from health care providers concerning medical appointments, light duty, or return to work, for the last 2 years. 11. Written reprimands for 12 months. Section 26.5 Supervisory File A. A supervisor may maintain a file for each employee supervised that contains documents related to the previous 12 months. Supervisory records must not contain any information about an employee’s medical or psychological condition, but may include: 1. Copies of records contained in the departmental operating record; 2. Commendations and verified complaints from customers concerning the employee’s job performance or conduct; 3. Notes made by the supervisor during a performance review or other counseling sessions with the employee; 4. Copies of the employee’s completed work assignments, draft documents, or work in progress; 5. Written communications between the employee and the supervisor concerning performance or conduct issues. 6. Notes from health care providers submitted by employees during the last 12 months to confirm medical appointments, excuses from work, duty status, returns to work, and work restrictions. B. A supervisor must permit an employee to review the supervisory file upon request and provide a rebuttal to any document in the supervisory file and have it placed in the file. C. A supervisor must provide an employee with a copy of any document that the supervisor places in the official personnel file or departmental operating record and allow the employee to submit a rebuttal to any adverse document. The supervisor must have the employee’s rebuttal placed in the file. The contents of the supervisory file are to be safeguarded from review by co- workers or station personnel who are not the employee’s supervisors. D. Materials in a supervisory file are valid for a period of twelve (12) months, and may be used only during that time or during a rating period covering the period of documentation to support official personnel actions. These materials become a part of an employee’s official or operating record only if they are incorporated in or attached to related personnel actions within twelve (12) months from the date they were originated. Materials in a supervisory file, which are not used to support a formal personnel action within 12 months of their inception, cannot serve as the basis for any further personnel actions, and shall be removed from the file. E. A supervisor may maintain informal notes regarding performance or other information about an employee under the supervision of that supervisor. Supervisory notes are not considered official employee records and are not subject to review by the employee or others. Supervisory notes may not be the basis of any adverse action against the employee unless they are incorporated into a document that is given to the employee. Section 26.6 Access to Employee Records 57 Official personnel file, department operating record, and supervisory file. A non-medical employee record is confidential and is available on a need-to-know basis to: 1. the employee’s supervisor or the Fire Chief or designee23; 2. the CAO or designee; 3. the OHR Director and staff; 4. the County Attorney and staff; and 5. members and staff of the Merit System Protection Board (MSPB). Section 26.7 Medical Record A. The OHR Director must maintain the medical record of each employee. B. The OHR Director must limit the medical record of an employee to: 1. County medical examination records; 2. Records obtained or received from a health care provider about the fitness of an employee or applicant or a request for disability retirement; 3. A medical waiver or release signed by the employee; 4. A request by the employee’s supervisor or the MCFRS Chief for an additional or special medical examination and the record of an action taken in response to the request; 5. Result of a medical test, examination, or procedure including psychological examination or report; and 6. Information provided by the employee or other person that relates to the health or health care of the employee. C. Medical records are confidential. OHR must maintain medical records in a secure location apart from other employee records. D. An employee’s medical record is confidential and is available on a need-to-know basis to: 1. the CAO or designee; 2. the OHR Director and designated staff; 3. the County Attorney and designated staff; 4. members and designated staff of the MSPB; 5. the Disability Review Panel; 6. the Disability Arbitration Board; and 7. Workers’ Compensation administrators. No medical information shall be released to anyone who is not listed in (D) above unless the employee has provided a signed authorization, unless otherwise authorized by law. 23 The parties understand and agree that the term “designee” refers to an individual including the Promotional Board and administrative staff and not an entity (e.g. a division or department, etc.). The parties further recognize, however, that the Fire Chief may designate different individuals to access the above-referenced “Employee Records” at various times. 58 Section 26.8 Fitness Record A. The Exercise Physiologist must maintain the fitness record of each bargaining unit employee. B. Employee fitness records will consist of, and will be limited to: capacity, body composition, flexibility, muscular strength, muscular endurance and non-medical, fitness-related information. C. The employee fitness record is confidential, and access to an employee’s fitness record shall be limited to the Department Exercise Physiologist and the Peer Fitness Trainer performing the fitness assessment. Files will be kept in a secure location under lock and key. D. The purposes of the fitness record are to evaluate the fitness level of the employee to whom it pertains and to make recommendations for maintaining or improving the employee’s level of fitness. Neither an employee’s fitness record nor any of the information contained therein will be used to: 1. evaluate the employee’s job performance; 2. discipline the employee; 3. evaluate an employee’s workers’ compensation or disability claim; or, 4. take any other personnel-related action adverse to the employee. Section 26.9 A. The parties agree that Settlement Agreements, Memoranda of Understanding and Last Chance Agreements shall be kept in the Administrative Services Section File, provided that such Settlement Agreements, Memoranda of Understanding and Last Chance Agreements and all references thereto shall not be retained in the Administrative Services Section File after the date upon which such Settlement Agreement, Memorandum of Understanding or Last Chance Agreement expires. B. The Administrative Services Section File shall be accessible only to the Fire Chief, the Division Chief of Administrative Services, the Administrative Services Assistant Chief, the Administrative Services Battalion Chief and the Administrative Services Captain. Section 26.10 Expungement The Employer shall remove and destroy adverse material in an employee file (in whatever medium or format it was kept) consistent with this Article. Section 26.11 Internal Affairs Files 1. The Internal Affairs Division shall be the repository for the files. 2. Access to these files shall be limited to: a) The employee, but only to the extent allowed by item 3 below b) Fire Chief or designee c) County Attorney or designee (need to know basis; i.e., when the employee is involved in litigation) 3. The Department will provide the employee and the Union any written statements (e.g., citizen complaints, employee observations, etc.) in the possession of the department and used in connection with an adverse action taken against a bargaining unit employee. These 59 statements will be sanitized (i.e., address, phone number deleted) to protect privacy rights in accordance with the law. 4. In cases involving complaints where the charges were deemed unsustained or unfounded, the files shall be expunged at the latter of three (3) years after the date the findings were made or any applicable statute of limitations or at the conclusion of any pending litigation. a. Files involving complaints where a charge was sustained shall be eligible for expungement at the latter of five (5) years or any applicable statute of limitations or at the conclusion of any pending litigation. b. The expungement method shall be the shredding of the physical file. In cases where more than one bargaining unit member is involved and one or more bargaining unit members is not entitled to expungement, the name of the bargaining unit member who is eligible for expungement will be redacted from those documents that refer to multiple bargaining unit members. Those documents that refer only to the bargaining unit member who is eligible for expungement shall be destroyed. c. The expungement of information from the electronic database shall consist of the electronic obliteration of the bargaining unit member’s name and identification number. ARTICLE 27 - SENIORITY Section 27.1 Definition Seniority of a bargaining unit employee is calculated based on the total service time in the Montgomery County Government merit system as a full time career firefighter/rescuer in Montgomery County, except when breaks in service of two (2) or more years occur. When two or more employees have the same total service time, their relative seniority shall be determined first by their time in the highest attained grade, and only if this factor is equal for the employees involved, then their relative seniority shall be determined by lot. The official seniority list shall be prepared by the Employer and indicate the names, classification, dates of employment and service times as of the date of distribution. Section 27.2 Dates of Employment Dates of employment for bargaining unit employees shall include the service time from full-time employment as a result of appointment to a permanent position as a career fire fighter or rescue squad employee by the independent fire and rescue corporations of Montgomery County. In the event of a dispute regarding service time under these provisions, enrollment in the appropriate retirement system as provided by the employing agency during the time of disputed service shall serve as the determining factor. Retirement time purchased on a "buy back" basis as a result of military service or service with other agencies in or outside Montgomery County shall not be counted. 60 ARTICLE 38 - CONTRACT GRIEVANCE PROCEDURE Section 38.1 Definition of Grievance 74 A grievance is defined as a dispute concerning: A. The application or interpretation of the terms of this Agreement; B. Policies and procedures subsumed in this Agreement; C. Changes to existing policies and procedures; and D. Future policies and procedures that may violate this Agreement. Section 38.2 Initiation of a Grievance A. The Union may in its discretion, in cases of suspension, demotion or dismissal only, skip step 1 of the Grievance Procedure and take a grievance directly to step 2 – the Chief Administrative Officer or his/her designee. If the Union exercises its discretion pursuant to this subsection, it will so notify in writing the Chief Administrative Officer upon filing the grievance. B. At the option of the Union, a grievance may be presented informally by a local representative of the Union or designee of the Union to MCFRS Labor Relations Officer or designee for resolution. If the grievance is not resolved at that stage, it may be processed as provided below. Section 38.3 First Step of the Grievance Procedure A grievance shall be presented in writing by the Union to the Fire Chief within twenty (20) calendar days of the date the employee knew or should have known of the event giving rise to the grievance. Provided that if the grievance is presented to the MCFRS Labor Relations Officer or designee as provided above, an additional fourteen (14) calendar days shall be added to the time provided. The Fire Chief, or his designee, and representatives of the bargaining unit, shall meet and discuss the grievance within fourteen (14) calendar days after it is presented to the Fire Chief. The Fire Chief shall respond in writing, to the grievance within fourteen (14) calendar days after the meeting. Section 38.4 Second Step of the Grievance Procedure The Union may appeal the decision of the Fire Chief or designee by presenting a written appeal to the Chief Administrative Officer or his/her designee within fourteen (14) calendar days of the Union's receipt of the Fire Chief’s or designee’s decision. The Chief Administrative Officer or designee and representatives of the bargaining unit shall meet to discuss the grievance within fourteen (14) calendar days after presentation of the appeal to the Chief Administrative Officer. The Chief Administrative Officer or designee shall respond, in writing, to the grievance within thirty (30) calendar days of the meeting. Section 38.5 Binding Arbitration A. Upon receipt of the response from the Chief Administrative Officer or his/her designee, the Union may refer the grievance to arbitration by providing written notice to the other party within thirty (30) days after receipt of the response of the Chief Administrative Officer or designee by the Union. The arbitrator shall be chosen from a panel composed of persons agreed upon by the parties. At least sixty (60) days prior to the expiration of this Agreement, one or both parties may provide written notice to the other that it no longer consents to retaining a particular member(s) of the arbitration panel. The parties shall fill the panel vacancy by mutual consent. B. The arbitrators shall be selected to hear succeeding grievances in rotation, in the order agreed to by the parties. The parties must contact the arbitrator next in the rotation order within twenty-one (21) days of the date of the written notice referring the grievance to arbitration and must schedule the arbitration date no later than forty-five (45) days following the date of the 75 written notice referring the grievance to arbitration. If the arbitrator slated to hear a grievance cannot hold the hearing within this forty-five (45) day period, the next arbitrator on the panel that is available within this period shall be selected. Section 38.6 Arbitration Procedures The following procedures shall apply to all arbitrations: A. The parties will each pay one-half (1/2) of the arbitrator’s fees and expenses, except as specified in paragraph (38.6.I and J, and 38.7) of this section. B. Arbitration hearings will be held on the Employer’s premises or at any site to which the parties’ mutually agree. The parties may appoint representatives to attend the arbitration hearing. However, in cases where representatives may be called to give testimony in the hearing, either party may object to the presence of that individual, and the matter will be decided by the arbitrator. C. The grievant, the grievant’s representative, and all employees who are called as witnesses will be excused from duty if required to appear on scheduled dates of arbitration. D. It shall be within the sole discretion of the arbitrator to determine who may testify. E. It is the responsibility and obligation of each party to produce its witnesses on the day(s) of the hearing. F. The parties will make all reasonable efforts to schedule for consecutive days arbitration proceedings expected to last more than one day. G. The County shall submit the following information to the Arbitrator and the Union at least fourteen (14) calendar days before the hearing: 1. A complete list of charges. 2. A copy of all written reports, documents, photographs, charges, letters, or other material to be introduced or used at the hearing. 3. The names and addresses of all prospective witnesses, and a summary of their anticipated testimony. 4. The names and addresses of witnesses and/or documents and records requiring service of a subpoena. 5. Estimated time required for presentation of the case. 6. Any other items, documents or records requested reasonably in advance by the Union and reasonably accessible to the County. Except for item #1 above, the Union shall submit the same information to the Arbitrator and the County, at least fourteen (14) calendar days before the hearing. Neither party shall be bound to introduce witnesses or documentation at the arbitration hearing. The above shall be construed as an intent only. Requests to call witnesses, or to use documents not contained in the pre-hearing submission, subsequent to stated deadlines, may be granted only upon a showing of good cause. If a witness cannot attend the arbitration proceeding, his or her testimony may, upon agreement of the parties, be submitted by deposition or affidavit. If subpoenas are issued, 76 service of subpoenas shall be the responsibility of the requesting party. H. Prior to the arbitration proceeding, each party may request that the other party make available certain information and/or various records, documents, files (whether in hard copy or electronic form) and the like pertinent to any matter of inquiry for use in preparing for and presenting its case during the arbitration proceeding. If a party refuses to comply with such request, or does not timely reply to such request, the arbitrator may, upon motion of the requesting party, direct the party to whom the request was made to provide forthwith or by a date certain the information, records, documents, files, etc. requested. All requests must comply with the Maryland Public Information Act. The Union and the Employer may assess a fee, in no event higher than the actual cost of production, for the administrative costs associated with copying and preparing a response to the request. (Such “administrative costs” shall be limited incidental expenses, such as the cost of paper, the cost of copying documents, the cost of computer disks or CD-ROMs, and related expenses. However, such “administrative costs” shall not include County personnel-related expenses (i.e. the costs associated with paying County employees for copying and preparing a response to the request). I. The arbitrator will set the date of the hearing with the concurrence of the representatives of the parties. Requests for continuance shall be in writing, with a copy to the opposing party, and submitted to the arbitrator at least five (5) calendar days prior to the hearing date. The arbitrator may grant such request only where good cause is shown, or upon the agreement of the parties. If a cancellation fee results in the granting of a continuance, the moving party shall be responsible for said fee. J. In any grievance where the parties agree to postpone, delay, and/or cancel an arbitration proceeding, they will equally share the cost of any fees being charged by the arbitrator and/or court reporter. The fact that one party has no objection to the request of the other party for postponement, delay or cancellation of the arbitration proceeding will not absolve the requesting party from its responsibility to pay all fees charged. K. Once the date of the arbitration proceeding is established, the parties will contact and procure the services of an authorized court reporter for the purposes of recording and creating a transcript of the arbitration proceeding. The arbitrator and each of the parties will be provided with a copy of the arbitration proceeding transcript. The parties will equally share the cost of transcription. L. The arbitrator shall have the authority to make all arbitrability and/or grievability determinations. The arbitrator shall make grievability and/or arbitrability determinations prior to addressing the merits of the original grievance. M. If the Employer declares a grievance non-arbitrable or non-grievable, the original grievance shall be considered amended to include the issue of non-grievability. Such declaration may be made at any time. N. Only witnesses having direct knowledge of the facts on which the charges are based will be heard. The Arbitrator will hear: 1. Testimony directly related to the charges; 2. Testimony indirectly related to the charges provided a relevant relationship has been established; However, where a grievance does not involve a disciplinary action but, rather, a dispute over interpretation and/or application of the parties’ collective bargaining agreement, a County policy, or state or federal law, the witness restrictions set forth in this 77 subsection may not apply. For the protection of all parties, the hearing shall be closed to the public. O. The arbitrator will neither strictly enforce nor disregard the Rules of Evidence. Generally, arbitration proceedings will be conducted in an informal manner. However, the arbitrator will observe the spirit of Rules of Evidence and general decorum to avoid prejudice, surprise, undue delay, repetition, or injustice. P. The arbitrator may exclude testimony or evidence that he or she determines to be irrelevant, unduly prejudicial or repetitious. Q. Witness testimony shall be under oath or affirmation. R. The arbitrator may, direct the parties to submit post-hearing briefs if he or she determines the submittal of briefs necessary to the fair consideration and disposition of the grievance. S. If the parties submit post-hearing briefs, they shall each have at least thirty (30) calendar days from the date upon which they each receive an official transcript of the arbitration proceeding to do so. The arbitrator shall have at least thirty (30) calendar days from the date upon which all briefs have been submitted to issue his or her decision. The arbitrator’s decision shall be issued in writing and submitted to both parties. T. If the parties do not submit written briefs, the arbitrator will have at least thirty (30) calendar days from the date upon which he or she receives the official hearing transcript or, if no transcript is created, at least thirty (30) calendar days from the close of the hearing, to issue his or her written decision. The requirement that the arbitrator's opinion be in writing may be waived only upon written consent of both parties. U. Copies of any transcripts, briefs, and decisions will be timely served on the other party and the arbitrator. V. This Article shall be governed by the Maryland Uniform Arbitration Act (hereinafter “MUAA”), § 3-201 et seq., Courts and Judicial Proceedings, Code of Maryland Annotated. However, to the extent that any provision of this Article directly and necessarily conflicts with the MUAA, such provision shall be controlling. Section 38.7 Powers of Arbitrator The Arbitrator shall not have the authority to amend, add to, or subtract from the provisions of this Agreement. He or she shall make an opinion and/or an award as he or she decides appropriate. The arbitrator's decision shall be binding on all parties. However, a party may petition the arbitrator to reconsider his or her decision or appeal the arbitrator’s decision pursuant to and in accordance with the MUAA. The arbitrator may, in his discretion and upon the motion of the grievant or his or her representative, award reasonable attorney fees and costs. In exercising his or her discretion in awarding reasonable attorney fees and costs to the grievant or his or her representative, the arbitrator shall apply the standards for the award of attorney fees set forth in Allen v. United States Postal Service, 2 M.S.P.B. 582; 2 M.S.P.R. 420 (1980) (i.e. the grievant is the prevailing party and the award of attorney fees is warranted in the interest of justice). In the event a party elects to challenge the arbitrator’s decision in court, each party shall be responsible for its own attorney’s fees and costs. However, if one of the parties has no alternative but to enforce the arbitrator’s decision through the courts, the non-moving party shall be responsible for the attorney’s fees and expenses of the party seeking enforcement of the arbitration award. Section 38.8 Days Defined 78 The term "days" as used in this grievance procedure shall mean calendar days. Section 38.9 Processing Grievances During Working Hours Stewards and Union representatives referred to in this grievance procedure shall be granted three hours administrative leave to process grievances pursuant to this Article during working hours. Section 38.10 No Reprisals The fact that a grievance is raised by an employee shall not be recorded in the employee's personnel file or in any file or record utilized in the promotion process, nor shall such fact be used in recommendations for job placement; nor shall an employee be placed in jeopardy or be subject to reprisal or discrimination for having followed this grievance procedure. Section 38.11 Time Limits Time limits for the processing of grievances are intended to expedite grievance handling and may be extended upon mutual agreement but, if not so extended, must be strictly observed. Section 38.12 Waiver/Appeal Failure of the Union to appeal a grievance within the specified time limits from the date of receipt of the Employer's answer, unless otherwise waived, will result in the grievance being resolved based upon the last Employer response. Failure of the Employer to respond within the specified time limits, unless otherwise waived, may be treated by the Union as a denial of the grievance at the applicable step. Section 38.13 Discipline Grievances Oral admonishments are not subject to review under this procedure. Any employee appealing a suspension, demotion, or dismissal to the Merit System Protection Board waives any right to have the action reviewed under this procedure. Section 38.14 Exclusivity of Forum This procedure shall be the exclusive forum for the hearing of any grievance and the exclusive remedy for any grievance as defined in Section 38.1, with the exception of discipline grievances as defined in Section 38.13. Section 38.15 Granting of Relief Relief that is granted at any level of this procedure, as stated in any formal grievance, shall end further processing of the grievance. Section 38.16 Duty to Notify The Union is the proper party to initiate grievances on behalf of a fire and rescue bargaining unit employee in accordance with the procedures in this Article. If a bargaining unit employee files an individual grievance with the Personnel Office under the merit system law (that) is determined by the Employer to be on a subject of this agreement, the Employer shall notify the Union of the filing of the grievance. The Employer may only provide the Union with the employee's name and the subject of the grievance. An individual employee's filing of such a grievance under the merit system law is a violation of the procedures in this Article. Section 38.17 Alternative Dispute Resolution Processes The Union and the Employer share a joint interest in resolving disputes arising from the implementation of discipline and other terms and conditions of employment. In order to minimize these disputes and improve the efficiency of governmental operation the parties agree to voluntarily utilize the 79 following processes. A. Pre-discipline Settlement Conferences 1. After a statement of charges is issued, but before the notice of disciplinary action is issued, the parties may voluntarily agree to a pre-discipline settlement conference. 2. Up to two (2) standing committees (with alternates) to review proposed discipline may be established. 3. Committee makeup – three (3) members (one Management representative, one OHR representative, and one Union representative). 4. Participation is voluntary; the Office of Human Resources makes the final decision for County participation. 5. The Committee will review the recommended level of discipline and the facts of the case, and will make a non-binding recommendation. Each side is permitted to make a brief presentation before the Committee. Presentation and format shall be established by the Committee. 6. If the parties agree with the recommendation of the Committee, Notice of Discipline will be issued and the Union agrees to refrain from filing a grievance regarding such notice. If the Union disagrees with the Committee's recommendation, it is free to grieve the Notice of Disciplinary Action. If the County disagrees, it may go forward with the notice as originally proposed. 7. The settlement conference option is part of the informal resolution process of the Contract Grievance Procedure. A bargaining unit employee waives any right to challenge before the County’s Merit System Protection Board (MSPB) any proposed suspension, demotion, or dismissal action that he or she attempts to resolve through a settlement conference pursuant to this Article. 8. At either parties’ request, a Non-MCFRS management representative (selected from an existing MCGEO Pre-Discipline settlement Conference Committee) will replace the MCFRS management representative. 9. The County shall provide new Committee members with training in Alternative Dispute Resolution and related disciplines, as appropriate. 10. Rules of procedure will be established by the parties. B. Grievance Mediation 1. Upon receipt of the Step 2 Office of Human Resources Director’s disposition, the Union and Employer may voluntarily agree to grievance mediation. Grievance mediation request must occur prior to deadline for invoking arbitration. If the parties agree to attempt mediation, the arbitration proceeding will be stayed pending exhaustion, as determined by one of the parties, of the mediation process. 2. Mediator names are to be selected, if available, from FMCS. 3. Participation is voluntary. 4. At grievance mediation each party's presentation will be limited to a brief oral argument. 5. Cost of grievance mediation is split. 80 6. A mediated solution to the grievance resolves the grievance. 7. Rules of procedure will be established by the parties. 81 ARTICLE 47 - EMPLOYEE ASSISTANCE PROGRAM Section 47.1 Employees Assistance Program (EAP) A. The Employer shall continue to maintain the MCFRS Employee Assistance Program for bargaining unit employees that was established through prior negotiations and shall assume the full cost of the program. Bargaining unit employees shall continue to be eligible to participate in the County’s Employee Assistance Program (EAP). All communications between employees and therapists of either the MCFRS EAP or the County’s EAP are confidential. B. All notes, records or tapes regarding interviews, evaluations or treatment provided by the MCFRS EAP to a bargaining unit employee shall not be communicated or released without the express written permission of the employee or his/her authorized representative, unless disclosure is otherwise authorized by law. C. All notes, records or tapes regarding interviews, evaluations or treatment provided by the County’s EAP to a bargaining unit employee will be held in confidence, to the extent the County can control the actions of the County’s EAP, unless disclosure is otherwise authorized by law. Section 47.2 Critical Incident Stress Management Team [Peer Support]: The County shall provide legal representation to Montgomery County Fire/Rescue bargaining unit employees who make disclosures to, or who are members of, the Critical Incident Stress Management Team (CISMT) in any local, state, and federal civil, criminal, and administrative actions to protect the privilege provided by the Courts and Judicial Proceedings Article, Section 9-109 of the Maryland Annotated Code as amended, or other applicable statute. If a conflict exists under the Rules of Professional Conduct, each employee where the conflict exists, will be represented by separate counsel. The County will not use information in any administrative investigations or proceeding that a CISMT member obtained from a MCFRS bargaining unit member who communicates with the CISMT member under an understanding of privilege described in the Courts and Judicial Proceedings Article, Section 9-109 as amended. However, if a MCFRS bargaining unit employee discloses information outside of the CISM program, that information may be used as long as the information is otherwise admissible within the bounds of law and contract provisions. Information that was disclosed to a CISMT member in confidence or which is privileged may not be used to corroborate, impeach, or otherwise support any non-privileged disclosure in any County administrative proceeding. A Fire/Rescue bargaining unit employee participating as a member of the 86 CISMT and acting pursuant to the direction of the psychologist or psychiatrist in charge is acting within the scope of the bargaining unit employee’s employment for purposes of the Local Government Tort Claims Act. This agreement does not require the County to have or maintain a CISM program, but requires the County to provide the protections described in this agreement for bargaining unit employees who participate in the CISM program whether as a member of the team or in seeking service from the CISMT. ARTICLE 48 - JOB SHARING PROGRAM Section 48.1 Purpose and Administration The purpose of this program is to allow certain bargaining unit employees the opportunity volun- tarily to share a job while working in a part-time/half-time appointment to enable them to care for immediate family dependents. The administration of this program shall not be done in an arbitrary, capricious or discriminatory manner. In order to make the program possible, the county intends unilaterally to create an even number of job sharing, half-time positions within the Montgomery County Fire and Rescue Services. The County has advised that it intends to create at least two such positions as needed to accommodate at least four unit members who participate. It is recognized that the County is not obliged to create, staff or maintain half-time/part-time positions. Section 48.2 Eligibility A. 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. B. 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 thereby shares a full-time bargaining unit job. Work assignments shall be determined by the employer. C. 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 (24) hours per week and thereby shares a full-time bargaining unit job. The employer shall determine work assignments. Section 48.3 Compensation 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. Section 48.4 Hours and Other Working Conditions A. 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. B. The employer shall determine the schedule for Job Sharing employees. Job Sharing employees shall be provided work schedules pursuant to the procedures in Article 23 of this Agreement. Job sharing employees may suggest a work schedule to the appropriate supervisor. C. The provisions of Article 14 of this Agreement shall apply to Job Sharers, except that the 87 Employer has agreed to pay overtime to a Job Sharer assigned to a work schedule in excess of twenty (20), twenty-one (21), or twenty-four (24) hours, as applicable, for the purpose of avoiding paying overtime to other, available personnel whom the employer deems competent. Section 48.5 Benefits A. Retirement Benefits. While in the program, the Job Sharing employee will earn retirement service credits and contribute to the retirement system as provided by the Employees' Retirement System. B. Long Term Disability Benefits and premiums shall be governed by the group policy applicable to bargaining unit employees. C. Life Insurance Benefits for Job Sharing employees shall be paid on the appropriate pro rata basis. D. Tax Deferred Compensation. The maximum deferred salary amount shall be in accordance with section 457 of the Internal Revenue Code. E. Article 16, Holidays shall be applied to Job Sharers as follows: Each job sharer shall receive holiday compensation on a 50% pro rata basis. F. Annual and sick leave accrual shall be prorated based upon the number of regular hours a Job Sharer is in a paid status per pay period, as provided in Articles 6 and 7 of this Agreement. Paid status includes regular hours worked and all paid leave taken. G. If a job sharer becomes disabled in the line of duty, his/her disability retirement pension amount shall be affected in one of the following ways, at the County's option: 1. In accordance with existing practice, prior to the effective date of the employee's retirement, the disabled employee will be restored to duty on a full-time basis so as to enable her/him to qualify for the same benefit she/he would have received had she/he been in full-time service when disabled, subject to the limitations set out below. 2. The County Retirement System (Group G) shall be amended to provide that a Job Sharer's disability retirement benefit shall be based upon the full-time salary she/he would have been earning had she/he not been in the program. 3. The benefit provided for in this sub-section (7) shall not be paid to a "Highly Compensated Employee" within the meaning of §414(q) of the Internal Revenue Code and shall in no event exceed 100 per cent of the participant's average compensation for his/her high three years. The benefit may be terminated or modified, after compensation between the parties, if the Internal Revenue Service advises that it jeopardizes the qualification of the Employees' Retirement System. H. The following rights and benefits shall be prorated: 1. Tuition Assistance (ETAP and JITAP only, where the employee is eligible to participate), Parental L

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