Minutes 10-09-01DATE:
LOCATION:
MEMORANDUM OF MEETrNG
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IAFF Local 1891
10-09-01
Meeting on reopener items in contract
Attending:
For IAFF
Matt Keeler Secretary x6606
Barkley Garnsey Business Agent x6327
Dean Kinser Vice President x6340
Randy Jute President x6340
Mike Fitzpatrick Treasurer x6626
For the City:
Wilfred Hawkins Asst. City Mgr. X6012
Mary Munro Budget Coordinator x6314
David Liu Deputy Fire Chief x6333
Carol Cheek HR Coordinator x6278
Meeting started at 2:30 p.m.. The City recorded the meeting. Meeting ended at 3:10 p.m.
Hawkins reminded that the two issues still being discussed were post accident drug testing and
vacation.
POST-ACCIDENT DRUG TESTING
At the 8/16/01 meeting, the union presented some recommended language for the post accident
testing and the City was to review it. The City has done that and has some changes for the
union to review. Deputy Chief Liu reviewed the proposal which is the union language with a few
changes.
· Added in 1st paragraph: "and under any circumstances when the bargaining unit member is
issued a traffic citation".
· Deleted in Disabling Damage definition "in daylight after simple repairs.
· Deleted in same paragraph '*;-'~ ,4;o~., .... * '";*~"-' '* further dam=g~ ..... i, ,.,. sp=re *;-" :-
· Added in same paragraph "minor scrapes/scratches to the exterior of the vehicle."
· Correct typo "damage to headlights"
· Added back language from City's first proposal:
An order to submit to post accident testinq can be made by a Battalion Chief or by a
Lieutenant or Captain acting in the capacity of a Battalion Chief. Any bargaining unit
member ordered for a post accident druq test may, at the member's option be accompanied
to the testing by a union representative. The union representative shall act as a quiet
observer to the testinq procedure and shall not interfere with the testinq procedures or direct
questions or comments to the testinq personnel.
Refusal to submit to an order for post accident dru.q testing, or intentionally delaying a post
accident druq test can result in termination, however, nothing herein shall abrogate a
bargaining unit member's right to challenge the results of the druq test.
After some discussion about the intent of the phrase "tire disablement..." Jute said it was to
mean if a flat tire occurred (not as the result of an accident), it would not be considered disabling
damage as far as requiring a drug test is concerned.
Hawkins then reiterated previous discussion that the procedure as well as the policy for post-
accident drug testing should be a part of the contract - Article 12. Risk Management has the
responsibility for all drug testing including CDL holders and the federal requirement and is
writing a policy and procedure to cover all City employees. The purpose of this procedure is for
consistency in selecting a certified lab, insuring chain of custody, etc. City will furnish the IAFF a
copy of this procedure as soon as it is ready (probably within a week). The union agreed to
review the wording. Fitzpatrick asked about what would happen when the contract expired.
Hawkins explained that we needed to follow the law and the contract wording would reflect
policy and procedure. If changes were to be made in a specific lab, that would not change the
procedure of going to a certified lab and maintaining the chain of custody.
VACATION
Last meeting City had presented a blended proposal and the union had presented one in which
each level was increased by a shift day. The City had agreed to add one day to the first year.
Hawkins said the City believes that new employees need time on and that our blended proposal
addresses that. The union responded that a survey they did shows that the City offers less
vacation than other agencies in the area and they believe this is a detriment. Hawkins reminded
that people covered by the "old Plan A" would remain in that schedule and would not lose
anything. Any new proposal would affect only newer employees.
The union still wants all people to be covered by Plan A. They believe the financial impact to the
City would be minimal and the operational impact is minimal since they have a limit on how
many employees can be off on vacation on any given day. They say they are also behind in
salary now since other agencies have signed new contracts since theirs. The union thinks the
City is unwilling to consider any other vacation system because it has an impact on all other
employees.
Hawkins asked what is most important to their members - money or time off. Would they be
willing to look at some increase after 5 years. The union thinks both are important, especially as
time goes on. Hawkins believes that take home pay is more important to rookies than time off. If
we can talk about additional time after 5 years, this is a possibility. The union reiterated that
other agencies are offering more time off and time off is important to people right now, not just in
the future.
Hawkins repeated that we can look at increases after year 5. We have already agreed to add a
day in the first year. Then we can look at adding another day at each level after year 5 - we are
willing to talk about this further. We do want to feel that these new people are planning their
career here. Union wanted a clarification that the 1st five years was a "sticking point" with the
City, but after that time we would consider their higher proposal after 5 years. Hawkins said we
would be willing to discuss that level of plan.
We will look to reschedule another meeting before the 20th and will get the drug test language to
everyone as soon as it is ready from Risk Management.
(Note: Cheek spoke with the Risk Manager immediately following the meeting and he said he
was working on it and should have it ready within a few days. He will contact Hawkins and
Cheek.)
Attachment A: 10/09/01
City wording for Post-accident drug testing
POST ACCIDENT TESTING
If a bargaining unit member is involved in an accident in which the member was driving, and any
one of the following occurs: an individual dies, an individual suffers a bodily injury and
immediately receives medical treatment away from the scent of an accident, one or more
vehicles incurs disabling damage as the result of the occurrence and is transported away from
the scene by a tow truck or other vehicle and under any circumstances when the barqaininq unit
member is issued a traffic citation.
"Disabling Damage" means damage that precludes departure of any vehicle from the scene of
the occurrence in its usual manner,,, ~' ,4.,,,,~,,h~,..~,....,.v."~*"" ~...,,-.v°~'"'"~ rep=irs. Disabling damages
includes damage to vehicles that could have been operated but would have been further
damaged if so operated. Disabling damage does not include damage that could be remedied
temporarily at the scene of the occurrence without special tools or parts;
........................... sp=r~ .................. ; minor scrapes/scratches to the
exterior of the vehicle; or damage or headlights, taillights, turn signals, horns or windshield
wipers that make them inoperative.
An order to submit to post accident testing can be made by a Battalion Chief or by a Lieutenant
or Captain acting in the capacity of a Battalion Chief. Any bargaining unit member ordered for a
post accident druq test may, at the member's option be accompanied to the testing by a union
representative. The union representative shall act as a quiet observer to the testing procedure
and shall not interfere with the testing procedures or direct questions or comments to the testing
personnel.
Refusal to submit to an order for post accident drug testing, or intentionally delaying a post
accident drug test can result in termination, however, nothing herein shall abrogate a barqainin.q
unit member's right to challenqe the results of the druq test.