Article 1. PREAMBLE
Article 2. RECOGNITION
Article 3. GENDER
Article 4. RIGHTS OF UNIT MEMBERS
Article 5. RIGHTS OF THE KMFFA
Article 6. MANAGEMENT RIGHTS
Article 7. CHECK-OFF
Article 8. WORK WEEK
Article 9. DAILY WORK ROUTINE
Article 10. SCHEDULES
Article 11. WORK SHIFTS
Article 12. HOLD OVER STATUS
Article 13. SHIFT TRADES
Article 14. SUBSTITUTE COVERAGE
Article 15. TIME AND ATTENDANCE
Article 16. PAY PLAN
Article 17. LONGEVITY PAY
Article 18. PROMOTION PAY POLICY
Article 19. SKILLBASE PAY
Article 20. REPORT PAY
Article 21. SCHEDULE – NO WORK
Article 22. OVERTIME
Article 23. HOLIDAYS
Article 24. BEREAVEMENT LEAVE
Article 25. JURY DUTY
Article 26. MILITARY LEAVE
Article 27. SUPPLEMENTAL WORKERS' COMPENSATION BENEFIT
Article 28. GROUP INSURANCE AND RELATED BENEFITS
Article 29. DEATH AND DISABLITY
Article 30. WELLNESS PHYSICALS
Article 31. SENIORITY
Article 32. TIME WITH COMPANY
Article 33. PROBATION
Article 34. KMFFA Representation on Promotion Board
Article 35. FILLING VACANCIES AND TRANSFERS
Article 36. REDUCTION AND RESTORATION OF FORCE
Article 37. SICK AND VACATION LEAVE
Article 38. NO-STRIKE, NO-LOCKOUT
Article 39. EMPLOYER RULES
Article 40. EMPLOYEE HANDBOOK
Article 41. DISCIPLINE AND DISCHARGE
Article 42. DISCIPLINE GRIEVANCE PROCEDURE
Article 43. TERMINATION GRIEVANCE PROCEDURE
Article 44. KMFFA INVESTIGATION
Article 45. BANK OF KMFFA HOURS
Article 46. EQUIPMENT DAMAGES
Article 47. ACCIDENT LIABILITY
Article 48. ACCIDENT JUDGMENTS
Article 49. ACCIDENT DEFENSE
Article 50. NAME AND ADDRESS
Article 51. KMFFA REPRESENTATIVES
Article 52. BULLETIN BOARDS
Article 53. RMFD/KMFFA JOINT SPONSORSHIP
Article 54. PERSONNEL RECORDS
Article 55. INTRA-DEPARTMENTAL COMMUNICATION
Article 56. JOINT LABOR/MANAGEMENT LEADERSHIP COMMITTEE
Article 57. STATION 33 AND OFFICERS UPGRADE
Article 58. NON-DISCRIMINATION, NON-HARASSEMENT
Article 59. PERSONAL APPEARANCE
Article 60. SOLICITATION
Article 61. POLITICAL ACTION COMMITEE
Article 62. EMPLOYMENT OF RELATIVES
Article 63. BUSINESS ETHICS
Article 64. SMOKING AND TOBACCO PRODUCTS IN THE WORKPLACE
Article 65. CATASTROPHIC ILLNESSES
Article 66. ON-CALL (PAGER) TIME
Article 67. UNIFORM ALLOWANCE
Article 68. SEPARATION AND SEVERANCE
Article 69. TERM OF AGREEMENT

Article 1. PREAMBLE

Section 1.01 It is the purpose of this Agreement to achieve and maintain harmonious relations between the Company and the KMFFA while providing the highest level of emergency service to the people they serve. Both the KMFFA and the Company agree that this Agreement shall provide for the equitable and peaceful adjustment of differences, which may arise, and to establish proper standards for wages, hours, and other conditions of employment in accordance with the National Labor Relations Act. Such achievements are recognized to be mutual obligations of the parties to this Agreement within their respective roles and responsibilities.

Article 2. RECOGNITION

Section 2.01 The Company recognizes the KMFFA for purposes of collective bargaining with the Company’s Knox County Fire Operations with respect to rates of pay, hours of work, and other conditions of employment as the exclusive bargaining representative for all full-time hourly Firefighters, Firefighter EMT’s, Firefighter Paramedics, Firefighter Captains, Firefighter Lieutenants who work in R/M; Knoxville, Tennessee, Fire Operations; exclusive of all other employees, fleet mechanics, guards, and supervisors as defined in the National Labor Relations Act (NLRA).

Article 3. GENDER

Section 3.01 Whenever any words used herein in the masculine, feminine, or neuter, they shall be construed as though they were also used in another gender in all cases where they would so apply.

Article 4. RIGHTS OF UNIT MEMBERS

Section 4.01 All unit members have the right to have the KMFFA serve as their representative without discrimination based on membership or non-membership in the KMFFA.

Section 4.02 Unit members have the right to be represented or not to be represented by the KMFFA in dealings with the Company concerning grievances and matters pertaining to their individual employment rights and obligations.

Section 4.03 It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the Company to count as time worked any hours or fractions of hours spent outside the member's work shift. The Company shall count as work hours any hours or fractions of hours spent within the member's regular work shift without relief. The Company shall count as paid time, charged against the bank of KMFFA hours, any hours or fractions of hours spent within the member's regular work shift, while that member is relieved from duty. 

Section 4.04 The Company and the KMFFA will share the responsibility of providing relief personnel.

Article 5. RIGHTS OF THE KMFFA

Section 5.01 The KMFFA, as the authorized representative, has the exclusive right to serve as the officially recognized representative of all members in the fire fighter bargaining unit as certified though the Letter of Recognition dated November 30, 2001, and signed by official agents of the Company.

Section 5.02 Certain specified representatives of the KMFFA have the right to paid release time as follows:

(a) The KMFFA may designate, at any time, representatives for each of the three fire department districts with the understanding that the KMFFA will make every effort to ensure that the representative works in the district represented and shall notify the Fire Chief of such designations. There shall be no obligation on the Department to change or adjust normal department permanent scheduling or assignments of personnel as a result of such designation.

(b) A district representative may, when the KMFFA is designated in writing by a grievant as his representative, attend mutually scheduled grievance meetings and hearings with department representatives without loss of pay or benefits.

Section 5.03 KMFFA members may be authorized, in advance, in writing to engage in KMFFA related activities during duty hours in such instances when in the discretion of the Chief such will not in any manner interfere with the efficient and economical operations of the Department nor adversely impact the level of firefighting services or support services.

Section 5.04 The Company shall furnish to the KMFFA on request, at actual cost, a listing of KMFFA members on check off in July and January during the term of this Agreement indicating name, mailing address, and job assignment.

Section 5.05 Nothing herein shall be construed to diminish the KMFFA's rights under this contract or any other legal agreement reached by the parties.

Section 5.06 The Company will provide the KMFFA, upon request, non-confidential and readily available information concerning the KMFFA, that is necessary to the KMFFA representatives for negotiations, and is not otherwise available to the KMFFA, such as personnel census, member benefit data, member discipline, grievance and personnel issues information. Such requests shall be made through the Fire Chief, or his designee, and shall be provided within a reasonable amount of time.

Section 5.07 The KMFFA will be allowed up to two hours to talk to and possibly sign new Full-Time Firefighter Recruits into the KMFFA. This time will primarily be scheduled near the end of the academy and occur at the regular training center. During such discussions, KMFFA representatives shall avoid the dissemination of information, which is abusive of any person or organization or disruptive of the Department's operations.

Section 5.08 It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the Company to count as time worked any hours or fractions of hours spent outside the member's work shift. The Company shall count as work hours any hours or fractions of hours spent within the member's regular work shift without relief. The Company shall count as paid time, charged against the bank of KMFFA hours, any hours or fractions of hours spent within the member's regular work shift, while that member is relieved from duty. The Company and the KMFFA will share the responsibility of providing relief personnel.

Section 5.09 The Company will provide the KMFFA a nonvoting presence on all hiring and promotional interviews within the bargaining unit.

Section 5.10 The KMFFA will be notified of any and all discipline and grievance or personnel issues, even when the unit member declines representation. In the event that representation is declined, the KMFFA will be informed of the basic information surrounding the incident and the outcome of the investigation only.

Article 6. MANAGEMENT RIGHTS

Section 6.01 The parties agree that the success of the Company requires clear management authority and freedom to make decisions and to operate its business in an efficient manner. The Company retains the exclusive rights to manage the business of the Company and to direct the workforce. All matters related to the Company, its operations, and employment with the Company are exclusively within the jurisdiction and control of the Company, except those matters relating to wages, hours of work, and other conditions of employment that are specifically set forth in this agreement. These rights include, but are not limited to, the right to plan, direct, and control all work activities; to establish, modify, and eliminate facilities, methods of operation, and work practices; to discontinue the performance of any operation by members; to determine the number and classifications of members required; and except as expressly modified by specific provisions in the Agreement, the right to select, hire, assign, promote, demote, transfer, or to layoff for lack of work or other legitimate reasons without discrimination; the right to discipline, suspend, or discharge members for proper cause; the right to determine the method and means by which operations are to be conducted; the right to determine the methods, equipment, machinery, or facilities to be used; the right to extend, alter, suspend, discontinue, limit, or curtail operations; the right to merge, sell or transfer some or all of its business; the right to determine the extent and nature of the work to be performed; the right to issue, enforce, and change reasonable rules, regulations, policies, procedures, and work standards, including article 41 Discipline and Discharge; the right to issue, enforce, change, or terminate drug and alcohol testing policies and procedures; the unilateral and unrestricted right to subcontract work. The rights, functions, and responsibilities of the Company mentioned or referred to in this Article should not be deemed to exclude other rights, functions, and responsibilities not specifically mentioned.

Article 7. CHECK-OFF

Section 7.01 The Company agrees, upon written voluntary authorization of any KMFFA member, to deduct from the pay of such employee during each pay period, dues and other such obligations owed to the KMFFA as may be legally deducted. Voluntary authorization forms signed by the employees, shall be furnished by the KMFFA to the Company. 

Section 7.02 The KMFFA shall, initially, notify the Company as to the bi-weekly sums to be deducted in accordance with the foregoing. Any subsequent change in amounts shall be certified to the Company in written form over the signatures of duly authorized officers of the KMFFA, and shall take effect on the first paycheck following fifteen (15) days after such notification has been given.

Section 7.03 INDEMNIFICATION: The KMFFA agrees to indemnify and hold the Company harmless against any and all claims, suits, orders or judgments brought or issued against the Company as a result of any action taken or not taken by the Company pursuant to any written or oral communication from the KMFFA under the provisions of this Article.

Section 7.04 DISCRIMINATION BECAUSE OF UNION MEMBERSHIP: The Company will not discriminate against any employee because of his/her membership in the KMFFA or because he/she is serving as a representative of the KMFFA

Article 8. WORK WEEK

Section 8.01 The “work week” is normally the period of 168 consecutive hours commencing at 7:01 a.m. on Saturday. The “workday” is the period of 24-consecutive hours commencing at the start of the member's regularly scheduled shift.

Article 9. DAILY WORK ROUTINE

Section 9.01 Members will be paid for all hours worked, including non-work time. All members will have a defined regular workday. This is the time during scheduled shifts that routine work assignments will be performed. Routine work assignments include but are not limited to:

(a) Emergency and non-emergency calls

(b) Station, vehicle, and equipment maintenance

(c) Training

(d) Standbys

(e) Public education and special events

(f) Fire prevention inspections and pre-plans

(g) Special projects

(h) Activities required by customer contracts or to maintain good customer relations

Section 9.02 For 24-hour shift members the regular workday is defined as:

(a) Monday thru Friday 0700 - 1600

(b) Saturday 0700 - 1100

(c) Sundays and Holidays No defined hours, work assigned as needed

Section 9.03 The regular workday is intended to be a guideline for supervisors to follow. Exceptions may be made dependent on workload and special circumstances as determined by the station or chief officer.

Article 10. SCHEDULES

Section 10.01 Based on the needs of the operation, the company has the right to determine, establish, and change work schedules, including starting times, lengths or types of shifts, and the mix of different types of shifts. All revised shift schedules must be discussed with the Labor Management committee prior to implementation. All revised shift schedules excluding individual assignments, will be posted within fourteen, (14) days notice in advance of implementation, except in emergencies.

Article 11. WORK SHIFTS

Section 11.01 The following provisions will apply to 24-hour work shifts:

(a) A shift will be a 24-hour consecutive period from 7:00 a.m. to 7:00 a.m. the following day.

(b) The work schedule shall be a two-shift schedule, designated as “A” and “B” schedules, with 52 “Kelly Days” per year.

(c) The average weekly work hours are 60 hours per week.

Section 11.02 Effective January 1, 2008

(a) The work schedule will move to an A, B, C shift schedule

(b) The average weekly work hours are 56 hours per week.

(c) Station assignments will be based on seniority.

Article 12. HOLD OVER STATUS

Section 12.01 Although infrequent, there are occasions, due to staffing emergencies, when it is necessary to protect public safety and response time requirements, when the Company may require a temporary holdover of all or some on-duty field units. When this status is required the Company will notify all affected crews either verbally, or over radio channels and via pager. The Company will notify the members as soon as it is known that the “holdover” has ended. Every reasonable attempt will then be made to promptly provide relief coverage. Such “holdover” status will be implemented only with the concurrence of the Fire Chief or his designee

Article 13. SHIFT TRADES

Section 13.01 Members may trade shifts, without a pay change for either employee, within the following guidelines:

(a) Both employees must be of equal certification.

(b) All shift trades must have prior approval by the employee’s supervisors and the scheduling officer.

(c) Shift trades must be entered into the Net Scheduler system before the beginning of the first shift swapped.

(d) Employees cannot work more than 48 hours straight. A Chief Officer must approve any exceptions.

(e) Trades must be made up within the same pay period.

(f) Trades may not be made in less than 4 hour increments.

(g) It is the responsibility of the employee’s supervisor to monitor hours swapped on Net Scheduler.

(h) The Net Scheduler records will decide any dispute in time swapped.

(i) An employee agreeing to a time trade may not trade that time.

(j) Any employee who does not follow this procedure, or does not make up the time swap within a pay period, will receive disciplinary action and will lose the privilege of shift trades for one year.

Article 14. SUBSTITUTE COVERAGE

Section 14.01 All eligible full-time members, after completing their probation period, may request substitute coverage (leave without pay) provided that the substitute member is of equal certification. The member must be specific about the duration. Member will be required to provide the substitute coverage. Granting of substitute coverage will be based on a satisfactory work performance record, and that the leave will not affect the operation. Both members must sign a document and present it to the supervisor no later than 72 hours prior to the shift. This document will need to be approved by the supervisor and scheduling officer prior to substituting. The scheduling officer must approve any exceptions in advance. The member shall be limited to the use of substitute coverage for 8 shifts per Calendar Year. Members on documented military leave are exempt from providing substitute coverage if thirty days prior notice is given to Scheduling Officer. Military leave is not limited in use of substitute coverage.

Article 15. TIME AND ATTENDANCE

Section 15.01 Rural/Metro expects all employees to assume diligent responsibility for their attendance. Accordingly, employees are required to report to work on time and stay through the end of their scheduled shift unless they have provided sufficient advance notice to their supervisor of an excused absence. Failure to adhere to these basic principles causes disruption to the workplace and imposes a burden on co-workers. 

Section 15.02 Members are required to call in directly to on–duty battalion chief when reporting a missed or tardy shift. Any calls placed to other sources may result in the shift being considered a no-show.

Section 15.03 This policy includes members who are sick and members who are forced to miss work due to the sickness of others, e.g., children.

Section 15.04 All employees are expected to be at their duty station and ready for work in the appropriate uniform (including the P. T. uniform while performing P. T.) at 07:00 hours. There may be times, due to unusual circumstances, that shift relief may not be available at 07:00. In these cases, employees are to remain at their duty station until properly relieved. Under no circumstances may an employee leave a position unstaffed and therefore degrade the response abilities of that station unless directed by a chief officer.

Section 15.05 At a minimum, an excused absence or tardy means appropriate prior notice has been provided to and approved by the appropriate designated individuals or departments so that schedule substitutions may be made with a minimum of business disruption.

Section 15.06 Employees with reliability issues, including no shows, tardiness, and leaving early, will be subject to disciplinary action, up to and including termination. Employees who fail to report to work for 2 or more consecutive days without contacting their supervisor or Human Resources may be considered voluntarily terminated.

Article 16. PAY PLAN

Section 16.01 All current R/M merit pay practices will be in place from inception date of contract until June 30, 2006.

(a) No member shall exceed Maximum Pay scale.

(b) All members will be eligible for merit pay up to and including four percent (4%).

(c) Employees who are capped in the salary range will be eligible for a one time lump sum bonus based on merit.

Section 16.02 July 1, 2006, All merit pay is suspended until June 30,2009.

Section 16.03 The Company will assist employees’ long-term savings by providing a 1% across the board wage increase starting January 1, 2006 and each January 1 until June 30, 2010, members will receive a 1% across the board raise. At that time salary ranges minimum and maximum ranges will move 1%.

Section 16.04 At the election of the member all or a portion of this increase shall be paid in the form of a voluntary member contribution to the member’s 401(k) plan account. The company and the KMFFA will use their best efforts to encourage each member to contribute the maximum amount of this 5% increase.

Section 16.05 January 1, 2008, An ABC shift will be implemented.

Section 16.06 All current R/M merit pay practices will be in place from July 1 2009 to term of contract, June 30, 2010.

(a) No member shall exceed Maximum Pay scale.

(b) All members will be eligible for merit pay up to and including four percent (4%).

(c) Employees who are capped in the salary range will be eligible for lump sum bonus based on merit.

Article 17. LONGEVITY PAY

Section 17.01 Beginning Dec 1, 2005, each July and December 1 of each year of this Agreement, members who have completed at least seven years of full-time service in the KMFFA area, according to their KMFFA seniority date, and who meet the additional qualifications specified in this Article shall qualify for $90.00 for each year of continuous full-time service, up to a semi- annual maximum of $2,160.00; an annual maximum of $4,320.00. 

(a) Members on industrial leave shall qualify for this payment for only the first year of the industrial leave. However, the entire period of industrial leave shall qualify as continuous service when the member returns to active employment.

(b) Payments will be made as soon as possible but no later than 30 days after the qualifying date. Members who separate from employment within the bargaining unit area after the qualifying date but prior to the payment day shall still receive the longevity pay for that period.

(c) A member must have achieved that overall performance rating on “Meets Standard” or better on latest scheduled performance evaluation on file in Human Resources to receive longevity pay. A member who receives a “Below Standard” evaluation shall receive another evaluation within 90 to 120 days, and if that evaluation is, “Meets Standard” or better, he will be eligible to receive the next scheduled payment.

Article 18. PROMOTION PAY POLICY

Section 18.01 Pay ranges are established under Article 16, Pay Plan.

Section 18.02 When an employee is promoted to the next pay grade, their compensation will be calculated as follows:

(a) The employee will receive a five percent (5%) increase in their hourly rate, including all applicable skill base pay.

(b) If the 5% increase does not bring the employee’s hourly rate up to the minimum of the range for their new position, the employee will be given the amount of increase necessary to reach the range minimum.

(c) If the 5% increase places the employee over the maximum of the range, they will only receive the amount of increase necessary to reach the range maximum.

(d) Skill-based pay, once applied to the employees pay rate, becomes part of that rate and will not be removed to calculate any of the above increases.

Article 19. SKILLBASE PAY

Section 19.01 Skill base Pay differential per hour

Article 20. REPORT PAY

Section 20.01 Members, who are called in to work or called back to work from their homes to perform extra work, shall be guaranteed a minimum of one hour of pay at the appropriate wage rate.

Article 21. SCHEDULE – NO WORK

Section 21.01 When a member reports for regularly scheduled work and the Company determines that there is no work available for the member, the Company may release the member. When the Company does so, the member will be paid for the actual hours worked or a minimum of four (4) hours.

Article 22. OVERTIME

Section 22.01 Definition:

(a) Overtime Pay

(i) All time considered as time worked under this Agreement will be compensated as follows for all hourly/non-exempt employees:

(ii) Hours worked in excess of forty (40) in a workweek will be compensated at time and one-half of the employee’s regular hourly rate.

(b) Overtime Work

(i) No employee may refuse to work overtime in an emergency or critical situation, unless applicable law prohibits the requirement of such overtime work. An employee may be excused for overtime work for good and verifiable reason as determined by a Division Chief.

Article 23. HOLIDAYS

Section 23.01 If a member works on a Company recognized holiday, they will be paid their regular hourly rate of pay, plus a premium payment of one-half hour pay for each hour worked on the holiday. Holiday pay shall be paid for the entire shift starting 7am the day of the Holiday. The employee that starts the shift at 7am on the day of holiday is the only employee eligible for holiday pay.

Article 24. BEREAVEMENT LEAVE

Section 24.01 Full-time members may request a maximum of five-calendar days leave or number of shifts typically scheduled within five days with pay (if scheduled to work) for each death in the immediate family. The immediate family is defined as, and limited to, the member's spouse, mother, father, child, sibling, grandchild, grandparent, parent-in-law, and domestic partner. Bereavement leave is paid at a rate based upon the member's regularly scheduled workweek. The Company may require a document verifying the death.

Article 25. JURY DUTY

Section 25.01 For all full-time members summoned to jury duty, the Company will continue the member's salary for up to 30 days during his active period of jury duty subject to state laws.

Section 25.02 To qualify for jury duty leave, a member must submit to his supervisor a copy of the summons to serve as soon as it is received. A member will be expected to report for work as the court schedule permits.

Article 26. MILITARY LEAVE

Section 26.01 All members will be granted a leave of absence without pay for U.S. Military Service in accordance with the applicable federal and state laws. The Company shall pay the employer portion of Cobra Medical benefits for a period of one year from the start of member’s Military leave or until the return of employee to Company work force, which ever occurs first.

Article 27. SUPPLEMENTAL WORKERS' COMPENSATION BENEFIT

Section 27.01 When the Company determines that a member has sustained a compensable industrial injury or illness while performing fire suppression, fire prevention, emergency medical services, or field training, the Company will pay the member a supplemental benefit. 

Section 27.02 The amount of the supplemental benefit will be sufficient so that when combined with his statutory benefit he will receive a net total that is equal to the regularly scheduled hours during the three months proceeding the injury or illness.

Section 27.03 If an injury or illness is caused by the member's violation of the Company's safety rules, the member shall not receive the supplemental benefit.

Section 27.04 If the employee has sustained an injury and is capable of modified work (Light Duty) during recovery, they must be available and work duties as assigned to obtain the supplemental benefit. The employee may use sick or vacation time to make net pay instead of the supplemental benefit.

Section 27.05 If the employee is out of work for more than 90 days and has not worked modified duty, the employee will be placed on leave of absence (FMLA), which may have an impact on benefits. It is in the employee’s best interest to get clearance as soon as practical for modified/light duty assignments.

Section 27.06 If the employee injury does not allow modified work after 90 days and the employee is placed on COBRA, the Company will continue to make the employer portion of the COBRA payments for an additional 90 days.

Section 27.07 The supplemental benefit shall expire in one year from date of injury.

Article 28. GROUP INSURANCE AND RELATED BENEFITS

Section 28.01 During this Agreement, the Company will make available to the members covered by this Agreement the health insurance, dental insurance, vision insurance, long-term disability insurance, group-term life and voluntary supplemental life insurance, employee assistance program, 401(k) Plan, and the Employee Stock Purchase Plan that are made available to the regular, full-time nonbargaining unit employees at the Company's South Region. These benefits will be made available to the members covered by this Agreement on the same terms and conditions, including member costs and contributions, as they are made available to the nonbargaining unit employees of the Company's South Region.

Article 29. DEATH AND DISABLITY

Section 29.01 Effective July 1,2009 Rural/Metro will provide all active fulltime firefighters Accident Death and Dismemberment in the amount of $250,000. The plan summary shall contain all of the benefits and procedures offered to employees.

Section 29.02 If at any time the Federal or State Government allows Rural/Metro firefighters to be included in the Public Safety Officers Death benefit or similar program, the company may, at its discretion, terminate the company-paid for policy. Any conflict between the plan summary and this section the plan summary shall control

Article 30. WELLNESS PHYSICALS

Section 30.01 Effective July 1, 2005 and every year thereafter for the duration of this Agreement each member will receive a comprehensive medical evaluation and physical to include cardiac stress testing. R/M Medical Director shall determine subsequent cardiac testing frequency. The results of these tests will determine the member’s fitness for duty. The Labor/Management Committee will determine the criteria for the program.

Article 31. SENIORITY

Section 31.01 Shift bidding, station assignments, Kelly-Day and vacation request will be determined by seniority. Seniority will be determined by latest full-time hire date (per effective date in Human Resources file) in the Knox County Fire Division. In the event of a duplicate full-time hire date within Knox County Fire Division, seniority will be based on employees original hire date within Knox County Fire Division. In the event of a seniority tie, total time with the company will be used. If a tie still exists, the employee with the lowest employee number will have seniority

Article 32. TIME WITH COMPANY

Section 32.01 Time with Company is the most recent full-time hire date with the Company concurrent without a separation, irrespective of operation or geography.

Section 32.02 Time with Company will be utilized in determining the member's number of vacation/sick days and company employee benefits, other than the provisions defined within the Article 31 Seniority.

Article 33. PROBATION

Section 33.01 NEW HIRE PROBATIONARY PERIOD

(a) The KMFFA and the Company agree that all newly hired full-time members (including internal RM transfers) must successfully complete a 12-month probationary period. All new full-time hires are on probation and may be terminated at any time, with or without reason, and with or without notice. Before termination the probationary review board consisting of a Human Resource representative, a KMFFA representative, Division Chief, and appropriate Supervisor will meet prior to any action taken. Members within their new hire probationary period do not have access to the termination grievance procedure.

(b) After a 30-day employment period, members disciplined with a written notice or suspension may file a grievance, but remain on probation for the 12-month period.

Section 33.02 Promotions Probationary Periods

(a) The KMFFA and the Company agree that all newly promoted officers must successfully complete a 12-month probationary period. The probationary review board will convene to determine any action taken on the member.

(b) In the case of a promotion, the member will have 30 days in which to return to their previous position or to a position of like status and pay without issue.

Section 33.03 Probationary Review Board

(a) No less than 30 days prior to the completion of all probationary periods a Three-member review board will be convened. This board will review the member's performance and make its recommendations to the Fire Chief, or his designee. The review board has the option of acknowledging successful completion of probation, or recommending a probationary extension, demotion, or termination. Those members eligible for the grievance procedure will have that opportunity as requested. 

(b) The board will consist of the following representatives:

(i) The KMFFA

(ii) The appropriate supervisor

(iii) Fire Chief designee

Article 34. KMFFA Representation on Promotion Board

Section 34.01 The KMFFA will have one of its members present on each promotion/hiring board. This includes recruit hiring, full-time hiring and promotional processes. This representation will be in addition to the number of people currently involved with these processes.

Article 35. FILLING VACANCIES AND TRANSFERS

Section 35.01 The Fire Chief will endeavor to permanently fill and keep filled any vacancies within regular bargaining unit positions.

Section 35.02 “Vacancy” hereunder is defined as a regular opening in any bargaining unit position created by death, retirement, dismissal, promotion, demotion, creation of a new regular position, transfer, or severance. 

Section 35.03 Members within the operational area will be given first opportunity, in order of qualification and seniority, to bid on vacant positions.

Section 35.04 A “trickle-down” effect will occur within Knox County Fire Operational area to create a final open position for internal transfers outside the operational area, the hiring of current reserve personnel or external candidates.

Section 35.05 A R/M Knox County hiring process will fill the position.

Article 36. REDUCTION AND RESTORATION OF FORCE

Section 36.01 When a reduction in force occurs, seniority will be used to determine who is to be reduced from a job classification. Layoff will occur in reverse order of seniority with as much advance notice as possible.

Section 36.02 When a vacancy occurs, laid-off members will be recalled to the jobs from which they were laid off in the reverse order in which they were laid off. Members must report for work within 14 days of notification.

Section 36.03 Members must provide the Company with correct, current telephone numbers and mailing addresses.

Article 37. SICK AND VACATION LEAVE

Section 37.01 The Company will provide paid sick and vacation leave for all members of the bargaining unit as provided in the following definitions and schedules.

Section 37.02 Sick Time - Paid time away from work due to personal or immediate family illness or injury. Immediate family is defined as wife, husband, sons, daughters, dependents, or domestic partner.

(a) Requests for sick leave should be called in to the battalion chief at least 12 hours prior to the beginning of the shift. The Company reserves the right to request medical documentation to substantiate the need for paid sick leave. Failure to provide acceptable documentation may result in disciplinary action and/or denial of the requested paid sick leave.

(b) Sick time cannot be donated to another member. Accumulated annual sick leave and/or sick bank balances are not reimbursed upon termination of employment.

(c) Sick time is to be included in overtime calculations. 

Section 37.03 Effective period: July 1,2005 thru January 1, 2008: 52KD Schedule

(a) Sick time will be distributed on the member's anniversary date. Members will receive sick time according to the schedule listed below. Unused sick time will be converted into the member's sick bank at the end of each year. The purpose of the sick bank is to accumulate sick time as a bridge to long-term disability. Sick time from the sick bank in excess of 780 hours (13 Weeks) and 192 hours (3 Weeks) annual sick time allocation in excess of 972 hours may be converted to cash or vacation days at a two for one value. Request for conversion must be submitted in writing no later than 30 days after the member's anniversary date, or the excess will be forfeited. 

(i) 0 to 6 Months: 60 Hours (2.5 Days) (One Week) 

(ii) 6 Months to 1 Year: 120Hours (5 Days) (Two Weeks)

(iii) Over 1 Year: 192Hours (8 Days) (Three Weeks)

Section 37.04 Effective period: Jan 1,2008 thru June 30, 2010, ABC Shift Schedule

(a) All sick bank and unused annual sick time balances will be converted to ABC Shift schedules 56-hour average workweek.

(b) Sick time will be distributed on the member's anniversary date. Members will receive sick time according to the schedule listed below. Unused sick time will be converted into the member's sick bank at the end of each year. The purpose of the sick bank is to accumulate sick time as a bridge to long-term disability. Sick time from the sick bank in excess of 728 hours (13 Weeks) and 168 hours (3 Weeks) annual sick time allocation in excess of 896 hours may be converted to cash or vacation days at a two for one value. Request for conversion must be submitted in writing no later than 30 days after the member's anniversary date, or the excess will be forfeited. 

(i) 0 to 6 Months 56 Hours (2 Days) (One Week) 

(ii) 6 Months to 1 Year 112 Hours (4 Days) (Two Weeks)

(iii) Over 1 Year 168 Hours (7 Days) (Three Weeks)

Section 37.05 Vacation Time. Vacation days will be distributed on the member's anniversary date and are to be used within the following twelve-month period. Vacation days can be donated to other members, with written notice to the scheduling chief. Vacation time will be taken in full shift increments. The scheduling chief to accommodate unusual circumstances may approve a 12-hour partial shift allotment. Vacation time is to be included in overtime calculations. Unused vacation time will be paid at straight time upon voluntary termination from the Company. The Joint Labor/Management Leadership Committee will set scheduling vacation time procedures. Members may carry over 3 days excess over Vacation maximums. Carry over vacation must be taken within 6 months or it is forfeited. The Fire Chief or his designee may only make exception.

Section 37.06 Effective July 1, 2005, (52 KD) vacation time will be computed as follows:

(a) 6 Months - 1 Year: 72 hours 3 Days (1 Week)

(b) 1 Year and a Day to 5 Years: 120 hours 5 Days (2 Weeks)

(c) 5 Years and a Day to 10 Years: 192 hours 8 Days (3 Weeks) 

(d) 10 Years and a Day to 15 Years: 240 hours 10 Days (4 Weeks)

(e) 15+ Years: 312 hours 13 Days (5 Weeks)

Section 37.07 Effective January 1, 2008, (ABC shift) vacation time will be computed as follows:

(a) All unused annual vacation balances will be converted to ABC Shift schedules 56-hour average workweek

(i) 6 Months - 1 Year: 72 hours 3 Days (1 Weeks)

(ii) 1 Year and a Day to 5 Years: 120 hours 5 Days (2 Weeks)

(iii) 5 Years and a Day to 10 Years: 168 hours 7 Days (3 Weeks) 

(iv) 10 Years and a Day to 15 Years: 216 hours 9 Days (4 Weeks)

(v) 15+ Years: 288 hours 12 Days (5 Weeks)

Article 38. NO-STRIKE, NO-LOCKOUT

Section 38.01 During this Agreement, there shall be no strike, sympathy strike, work stoppage, slowdown, walkout, picketing, concerted failure to report to work, refusal to cross a picket line, or other interference with the work or operations, called, authorized, approved, encouraged, supported, sanctioned, or ratified by the KMFFA. No employee shall directly or indirectly instigate, support, encourage, or participate in any strike, sympathy strike, work stoppage, slowdown, walkout, picketing, concerted failure to report to work, refusal to cross picket line, or other interference with the work or operations. Employees violating this provision shall be subject to discharge.

Section 38.02 In the event of a violation of this Article, the KMFFA shall immediately and in good faith publicly disavow the violation as an illegal strike, insist that the members involved cease such violation, and use all means within its power to end such violation as soon as possible.

Section 38.03 The Company agrees that there shall be no lockout during the terms of the Agreement.

Section 38.04 Where the Company believes that there is an objective danger of serious physical harm to an employee crossing a picket line, the Company agrees to use its best efforts to obtain police protection or police escort.

Article 39. EMPLOYER RULES

Section 39.01 The KMFFA recognizes the sole right of the Company to determine, establish, delete, eliminate and/or change its standard operating guidelines and personnel policies at any time the Company deems necessary. Any changes in the standard operating guidelines and/or personnel policies or other rules or regulations shall not conflict with the terms of this Agreement or the regulations set forth in the National Labor Relations Act. In addition, current copies of all SOGs, current Policies and Procedures, and Rules & Regulations will be provided to the KMFFA and updated as amended pertaining to KMFFA. Except in emergencies the labor management committee will meet and discuss the amendment, deletion, or addition of SOGs, policies or procedures. It is understood that the employees will be required to acknowledge receipt of the rules, policies and operating guidelines and will be held personally accountable for complying with the rules, policies, and operating procedures. 

Article 40. EMPLOYEE HANDBOOK

Section 40.01 To avoid filling the Collective Bargaining Agreement with duplicate versions of otherwise standard employment policies, this Agreement acknowledges the “Rural/Metro Corporation Employee Handbook”. KMFFA members are subject to the rules, policies, procedures and employee rights contained within the “Handbook” unless specifically addressed in this agreement.

Section 40.02 Any changes in the personnel policies or other rules or regulations shall not conflict with the terms of this Agreement or the regulations set forth in the National Labor Relations Act. In addition, current copies of the “Rural/Metro Corporation Employee Handbook” will be provided to the KMFFA and updated as amended pertaining to KMFFA. 

Section 40.03 Except in emergencies the labor management committee will meet and discuss the amendment, deletion, or addition of policies or procedures. It is understood that the employees will be required to acknowledge receipt of the rules, policies and operating guidelines and will be held personally accountable for complying with the rules, policies and operating procedures. 

Article 41. DISCIPLINE AND DISCHARGE

Section 41.01 Acts for which disciplinary action is appropriate are categorized into groups according to their severity and the type of corrective action that may be imposed. Those categories are:

(a) Performance Issues/Work Practice or Policy Violations

(b) Major Violations

(c) Intolerable Violations

Section 41.02 The following examples are intended to provide guidelines for supervisors and are not all-inclusive. Corrective action may be imposed for other acts of misconduct at the discretion of management.

(a) Performance Issues/Work Practices/Policy Violations

(i) Failure to meet the performance expectations satisfactorily.

(ii) Excessive time away from job.

(iii) Damage of a minor nature to Company equipment.

(iv) Misuse of work time.

(v) Conducting unauthorized business on Company time.

(vi) Excessive personal phone calls.

(vii) Unauthorized posting or distribution of papers or other printed materials.

(b) Major Violations

(i) Unauthorized use of Company equipment.

(ii) Using threatening or abusive language toward a supervisor or other proper authority.

(iii) Insubordination by refusing to obey instructions or perform work as directed by a supervisor or other proper authority.

(iv) Threatening, intimidating, or coercing another employee.

(v) Leaving the job without permission.

(vi) Failure to comply with Harassment, affirmative Action and Equal Employment Opportunity laws as documented in the RM Employee Handbook.

(c) Intolerable Violations

(i) Documented violation of Substance Abuse policy.

(ii) Falsification of personnel or other Company records.

(iii) Physical assault upon a supervisor, member, employee, customer, or anyone in authority, except in self-defense.

(iv) Theft.

(v) Falsifying patient information or other Company records.

(vi) Use, possession, transfer, or sale of drugs on Company premises or at Company-sponsored events, or on Company business, and misuse of prescription drugs on Company premises at Company-sponsored events or on Company business.

(vii) Unauthorized use of alcoholic beverages on Company premises, at Company-sponsored events or on Company-sponsored business.

(viii) Intentional or careless actions resulting in substantial damage of a major nature to Company equipment or property.

(ix) Threatening of individuals with the use of deadly force or possessing a deadly weapon on Company premises.

(x) Behaving in a manner, which discredits the Company or damages the image of the Company.

(xi) Making unwelcome sexual advances to, or demanding sexual favors from, subordinates as a condition of continued employment, advancement, or receipt of any other terms or conditions of employment.

(xii) Breach of confidentiality.

Section 41.03 Recommended Steps

(a) The following corrective action step recommendations are intended as guidelines for supervisors and should not be considered all-inclusive.

(b) If a supervisor wishes to apply a step in the corrective action process other than the suggested guideline, he will consult with their immediate supervisor.

(c) The Company reserves the right to apply corrective action steps at any time, up to and including termination, according to the severity of the action without regard to the recommended steps.

Section 41.04 Corrective Action

(a) All written warnings are to be made in the form of a Corrective Action Notice.

(b) Any instances involving behavioral problems where a member is acting inappropriately or exhibiting behavior detrimental to customer relationships, the general work environment, and/or team performance, a member may be subject to mandatory referral to the Employee Assistance Program. The supervisor prior to any referral request being made will consult Human Resources and Human Resources will make all subsequent referrals.

(c) Members are required to sign and date the Corrective Action Notice to indicate receipt and acknowledgment, not agreement or disagreement.

(d) If the member refuses to sign, note his refusal in writing on the form, ask a witness (management, not a coworker of the member) to ask the member whether the Notice has been read and discussed. Have the witness document that it has and sign the form.

(e) When Disciplinary Time Off is instituted, the member is not eligible for any unscheduled shifts or hours during the pay period the time off is in effect. Unscheduled shifts or hours include any work outside of the bargaining unit area in other Company operations.

(i) Unscheduled shifts or hours are defined as any unscheduled shifts or hours over and above the member's regular scheduled shifts.

Article 42. DISCIPLINE GRIEVANCE PROCEDURE

Section 42.01 Informal Resolution

(a) It is the responsibility of the members who believe that they have a bona fide complaint concerning their working conditions to promptly inform and discuss it with their immediate supervisor in order to, in good faith, endeavor to clarify the matter expeditiously and informally at the member’s immediate supervisor level.

(b) If such informal discussion does not resolve the problem to the member's satisfaction, and if the complaint constitutes a grievance as herein defined, the member may file a formal grievance in accordance with the following procedure.

Section 42.02 Definition of Grievance

(a) A “grievance” is an actual complaint or dispute, which concerns the application of a specific provision of the agreement in connection with a specific act or situation, including disciplinary actions.

Section 42.03 Grievance Procedure

(a) Step 1 - “First Level”. 

(i) The member shall reduce his grievance to writing by signing and completing all parts of the grievance form provided by the Company, and submit it to his Division Chief as designated by the Company within five working days of the initial commencement of the occurrence being grieved. Either party may request that a meeting be held concerning the grievance or they may mutually agree that a meeting not be held. The Division Chief shall, within five working days of having received the written grievance of such meeting, whichever is later, submit his response thereto in writing to the grievant and the grievant's representative, if any.

(b) Step 2 - “Second Level”. 

(i) If the response of the “first level” of review does not result in resolution of the grievance, the KMFFA may appeal the grievance by signing and completing the form and submitting it to the Fire Chief for review within five working days of the grievant's receipt of the first level response. Either party may then request that a meeting be held concerning the grievance or they may mutually agree that a meeting not be held. Within 14 working days of having received the written grievance or the meeting, whichever is later, the second level of review shall submit his response to the grievance to KMFFA. Any grievance initiated by the KMFFA that pertains to all members shall be presented at this level.

(c) Step 3 - “Binding Arbitration”. 

(i) If the response of the second level of review does not result in resolution of the grievance, the KMFFA may invoke this Step 3 procedure. Department management and the KMFFA shall agree on an arbitrator, and if they are unable to agree on an arbitrator within a reasonable time, either party may request the Federal Mediation and Conciliation Service to submit to them a list of seven arbitrators who have had an experience in the private sector. The parties shall, within seven calendar days of the receipt of said list, select the arbitrator by alternately striking names from said list until one name remains. Such person shall then become the arbitrator. The arbitrator so selected shall hold a hearing as expeditiously as possible at a time and place convenient to the parties, and shall be bound by the following:

1) The arbitrator shall neither add to, detract from nor modify the language of the contract.

2) The arbitrator shall expressly confine himself to the precise issues submitted to him and shall have no authority to consider any other issue not so submitted to him.

3) The arbitrator shall be bound by applicable federal, state, county, and city law.

4) The arbitrator shall within 30 days from the close of the arbitration hearing submit his findings.

5) The findings of the arbitrator shall be binding on both the Company and the KMFFA.

6) The costs of the arbitrator and any other mutually incurred costs shall be borne equally by the parties.

(d) Step 4 - “Actions”. 

1) The specified parties shall act upon the findings of the arbitrator in a timely manner.

Section 42.04 Time Limits

(a) Failure of Departmental representatives to comply with time limits shall entitle the grievant and/or KMFFA to appeal to the next level of review; and failure of the grievant and/or KMFFA to comply with said time limits shall constitute abandonment of the grievance. Except, however that the parties may extend time limits by mutual written agreement in advance.

(b) It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the Company to count as time worked any hours or fractions of hours spent outside the member's work shift. The Company shall count as work hours any hours or fractions of hours spent within the member's regular work shift without relief. The Company shall count as paid time, charged against the bank of KMFFA hours, any hours or fractions of hours spent within the member's regular work shift, while that member is relieved from duty. The Company and the KMFFA will share the responsibility of providing relief personnel.

Article 43. TERMINATION GRIEVANCE PROCEDURE

Section 43.01 This procedure has been established to provide for a fair and impartial resolution for all members within the bargaining unit arising out of the termination of employment.

Section 43.02 If a member or the KMFFA wishes to resolve any dispute arising from the termination of employment, the grievant or an official of the KMFFA, must submit the dispute to non-binding mediation within 21 days of the last day of employment by completing the grievance form and delivering it to the Human Resource Department.

Section 43.03 The grievant and/or KMFFA will then select a mediator from a list provided by the Company. The joint labor management committee shall be able to add or subtract from the list at their discretion. The mediator’s fees will be split evenly by the grievant and/or KMFFA and the Company.

Section 43.04 If the KMFFA is not satisfied with the mediation process, within the next 15 days, the KMFFA must submit the dispute to binding arbitration.

Section 43.05 A request will be made to the Federal Mediation and Conciliation Service to provide a list of five impartial persons qualified to act as arbitrators. The KMFFA and the Company will strike one arbitrator’s name from the list of five and shall repeat the procedure. The remaining name shall be the duly selected arbitrator. A coin toss will decide which party is to strike first. Any decision rendered by the arbitrator is final and binding on both the KMFFA and the Company.

Article 44. KMFFA INVESTIGATION

Section 44.01 A duly authorized representative of the KMFFA shall be permitted access to the Company’s work sites for the purpose of participating in the grievance procedure, provided that the Company’s work sites is the mutually agreed upon site for processing grievances. Advance notice of KMFFA representative’s desire for access and the time and date of his planned arrival on the property shall be timely provided to the Fire Chief or his designee.

Article 45. BANK OF KMFFA HOURS

Section 45.01 During each calendar year under this Agreement, there will be a bank of KMFFA hours. These are hours that occur during a member's regularly scheduled work shift. A member will be paid at his regular rate for these hours. 

Section 45.02 The annual bank of KMFFA hours will be exhausted when the earlier of the following occurs: (i) a total of 2,000 KMFFA hours have been taken, or (ii) the amount of gross pay paid to the replacements of members taking KMFFA hours totals $15,000.

Section 45.03 During any partial calendar years covered by this Agreement, there will be a pro rata bank of KMFFA hours. For example, during a six-month period there would be a pro rata bank of 1,000 hours or $7,500.00 in gross pay for replacements.

Article 46. EQUIPMENT DAMAGES

Section 46.01 Except for intentional violations of the law or Company policy, and within the restrictions set forth in this Agreement, members shall not be held financially liable for damage to Company vehicles or property while in performance of their normal duties. Reimbursement by members where there is a violation(s) of these Articles shall be by payroll deduction, with a maximum of $50.00 per pay-period, unless the member authorizes additional deductions. These payroll deductions will discontinue once the insurance deductible has been met and insurance settlement payment received.

Article 47. ACCIDENT LIABILITY

Section 47.01 Members shall not be held financially liable for an accident involving another party or parties which occurs while in the performance of their duties and the Company shall settle or defend such accidents at its own expense, except within the restrictions set forth in Article 48, Accident Judgments and Article 49, Accident Defense.

Article 48. ACCIDENT JUDGMENTS

Section 48.01 All judgments against a member as a direct result of an accident covered in Article 46, Equipment Damages and Article 47, Accident Liability, shall be assumed by the Company, and in no way shall the member be held financially liable for such judgments, provided the member was driving in a safe and legal manner within the scope of their normal duties. The Company shall not be required to pay any criminal penalties or fines rendered against a member who was found guilty of a criminal act. The Company shall not discriminate against a member because he was involved in an accident that was not his/her fault.

Article 49. ACCIDENT DEFENSE

Section 49.01 Rural/Metro will provide legal representation and cover court costs incurred by a member due to an accident covered in Article 48, Accident Judgments and Article 47, Accident Liability, shall be assumed by the Company and in no way shall the member be held liable for such costs, provided the member was driving in a safe and legal manner within the scope of his normal duties. In no case will the Company provide legal counsel if it has been adjudicated that the member committed a criminal act. In the event a member is charged with vehicular homicide, assault, battery, or any other allegation that is outside the scope of the member's job duties, the Company will not have to provide a defense.

Article 50. NAME AND ADDRESS

Section 50.01 The Company shall furnish the KMFFA with the names and addresses of all newly hired members covered by this Agreement, no later than the first day of the month following 30 days of employment

Section 50.02 The member shall provide the Company and Scheduler officer, a current Address and phone number. The member must notify the Company and Scheduler officer within 15 days of any change in current address and phone number.

Article 51. KMFFA REPRESENTATIVES

Section 51.01 KMFFA representatives shall not be recognized by the Company until a member of the Executive committee of the local KMFFA has notified the Company in writing of their names. Two representatives assigned by the KMFFA shall be permitted to investigate, present and process grievances during the regularly scheduled time. Only one KMFFA representative will be provided this time without loss of pay provided it does not, as determined by management, unduly interfere with normal operations and as long as the KMFFA representative has performed and completed all other required and regularly assigned work duties. The KMFFA representatives should not allow their activities to interfere with or disrupt the performance of their work or the work of any other employee or member.

Article 52. BULLETIN BOARDS

Section 52.01 The Company shall allow the KMFFA to place a bulletin board in each fire station in order to post notices of union meetings, rules and regulations, and recreational and social affairs. The location, posting of all notices and the size of the bulletin board is subject to Company approval, and where required customer/client approval.

Article 53. RMFD/KMFFA Joint Sponsorship

Section 53.01 In order to maintain strong community relations, KMFFA would like to jointly sponsor public education, fire prevention, and other programs. KMFFA would like to display their logo with that of RMFD if joint sponsorship exists.

Article 54. PERSONNEL RECORDS

Section 54.01 The Company will maintain a member file for every member within the bargaining unit. These files will contain employment related documents and will reside in Human Resources. 

(a) Member files are the property of the Company and access to the file information is restricted to Human Resources, supervisors, the member, official KMFFA representatives, and members of the appropriate management team for a specific business review purpose only.

Section 54.02 The member file contains the following:

(a) New Hire paperwork

(b) Performance and Merit Review forms

(c) Corrective Action Notice

(d) Acknowledgment of exemplary performance

(e) Critical Incident Log

(f) Any HRAN’s submitted to change any member information

(g) Members may add certain items to their personnel files, e.g., customer letters, with the approval of Human Resources.

(h) Leave of absence

Section 54.03 The Company will maintain a separate "Medical File" for every member within the bargaining unit. These files will contain medical information, as listed below, and will reside with the Medical Review Officer (“MRO”), or his designee. Access to Medical Files is strictly reserved for the MRO and the member. Official KMFFA representatives and management may receive access during authorized investigations only with approval of the MRO.

(a) Medical Files may contain the following information:

(i) Hepatitis A, B, or C

(ii) BTB

(iii) Workers' Compensation First report of injury

(iv) Medical Leave of Absence Forms

(v) Drug Test Results

(vi) Healthcare Provider Certifications

(vii) Wellness Evaluations

Section 54.04 New Hire I-9 forms must be maintained in a separate file in alphabetical order.

Section 54.05 Access to the member's personnel file will be granted to the member unless the local Human Resource Manager or a supervisor determines that such access will create a risk of harm to the member or others. If it is determined that there is a risk of harm, a KMFFA Representative may then review the harmful information. If the KMFFA Representative disagrees that the information is harmful, a grievance may be filed according to the Article 42, Discipline Grievance Procedure.

Section 54.06 Supervisors must refer all requests for employment verification to Human Resources and are not permitted to provide individual employment references. Requests for employment verification will be limited to dates of employment and position held. Requests for other types of verifications, e.g., mortgage requests, will be processed when accompanied by a member’s signed authorization.

Section 54.07 Members may receive a photocopy of any document that they have signed in their file or documents from customers praising the member, in the event they are afforded access. A member of the Human Resources Department will be with the member at all times while the records are being reviewed. The Company will comply with public law in this area; to the degree any such law may be applicable.

Article 55. INTRA-DEPARTMENTAL COMMUNICATION

Section 55.01 The KMFFA, its Executive Board and all its members, will be allowed to use Fire Department Communications tools to disseminate such information when necessary. Such announcements shall not be abusive of any person, organization nor disruptive of the department’s operations. The use of E-Mail, Lotus Notes, Fax Machines, Digital Pagers, Alpha-Numeric Pagers, and Telephones will follow the current written guidelines identified by the Company regarding their use.

Section 55.02 The KMFFA may utilize the Company communications center simulcast with the approval of the Fire Chief or his designee.

Section 55.03 The KMFFA, its Executive Board and all its members, will continue to provide bulletin boards, as designated by the KMFFA, exclusively for posting of official KMFFA literature that is not abusive of any person or organization, or disruptive of the department’s operations. These bulletin boards may also be used by members, in good standing, for posting personal information consistent with the anti-abusive nature of all other posted information.

Article 56. JOINT LABOR/MANAGEMENT LEADERSHIP COMMITTEE

Section 56.01 Joint Labor/Management Leadership Committee

(a) There shall be a Joint Labor/Management Leadership Committee consisting of Five representatives of the KMFFA and Five representatives of the Company's Knox County Fire Region. The purpose of the Committee is to facilitate improved Labor/Management relationships by providing a forum for the free discussion of mutual concerns and problems.

(b) The Committee shall meet at least quarterly, at mutually scheduled times, and at any other mutually scheduled times.

(c) The Chairmanship of the Committee shall be identified as two co-chairs, one from Labor and one from Management. The members shall, in advance of a meeting, provide the Committees co-chairs with proposed agenda items, and the co-chairs shall provide the members with the meeting agenda in advance of the meeting.

(d) Representative(s) of the Company, the KMFFA, or outside experts may supplement the Committee, if it is proposed to discuss mutual aid, fire protection contract matters, or operations issues. Both Labor and/or Management will approve attendance of non-regular committee members prior to the meeting.

(e) The Committee may, if it deems proper, suggest recommendations to the Fire Chief and the Company for their consideration and determination.

(f) Any matter referred to in this contract may be discussed by the Committee at the request of any member of the Committee.

(g) The committees will utilize the agreed upon committee guidelines to help facilitate a more productive effort and result.

Section 56.02 The following named Joint Labor/Management Standing Committees will function under the following scope and contain the following representatives:

(a) Productivity Committee

(i) Scope: Clarify work rules; define skill/service levels; customer/client needs; staffing levels and utilizing appropriately trained personnel; budgetary and contractual impacts to above.

(ii) Productivity Discussions: Recognizing the need to provide the highest practical level of fire protection and emergency medical service to the citizens served, the Company and the KMFFA pledge to continue to work towards increasing productivity of the Company. In a continuing commitment towards increased productivity, the joint Labor/Management Productivity Committee shall meet on a regular basis during the term of this contract to discuss the development of structured productivity programs within the Company.

(iii) The distribution of any demonstrated economic savings or other productivity rewarding measures resulting from the implementation of productivity programs shall be a proper subject for future contract negotiations.

(b) Safety Committee

(i) Scope: Identify safety issues and concerns. Research and assist with immediate, short range and long range plans and goals. Create sub- committees to address specific safety issues and concerns.

(c) Fire Fighter Training and Development Committee

(i) Scope: All hiring practices, testing procedures and recruitment strategies; identify training issues, needs and enhancements; define rules for engagement; develop and maintain S.O.G.’s; define training requirements; and Q.A. for EMS documentation.

(d) Uniform Committee

(i) Scope: Develop, define, and establish recommendations for all uniform items and allowances.

Section 56.03 The Company and the KMFFA will each select up to four individuals to serve on each committee.

Section 56.04 It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the Company to count as time worked any hours or fractions of hours spent outside the member's work shift. The Company shall count as work hours any hours or fractions of hours spent within the member's regular work shift without relief. The Company shall count as paid time, charged against the bank of KMFFA hours, any hours or fractions of hours spent within the member's regular work shift, while that member is relieved from duty. The Company and the KMFFA will share the responsibility of providing relief personnel.

Article 57. STATION 33 AND OFFICERS UPGRADE

Section 57.01 Company agrees to upgrade Station 33 to Code 20 by end of contract. As operational changes occur, officers will be upgraded and opportunities for promotion will coincide with business/operational plans and the addition of the third shift.

Article 58. NON-DISCRIMINATION, NON-HARASSEMENT

Section 58.01 In the administration of this Agreement, neither the Company nor the Union shall discriminate against or harass any employee because of that employee’s race, color, religion, sex, national origin, age, disability, status as a Vietnam era, special disabled veteran, or status in any group protected by federal, state or local law. The Company is committed to compliance with all applicable federal and state laws.

Article 59. PERSONAL APPEARANCE

Section 59.01 The public trust the Company has built over the years is dependent upon our image as service providers, as well as the quality of care we deliver. In many cases, our customers and clients have a choice in whom to contact for their needs. The Company believes that how we look and act is important in gaining that public trust.

Section 59.02 The following minimum guidelines are established:

(a) At a minimum, the following items are prohibited as part of the uniform attire:

(i) Looped or dangling earrings, visible necklaces, loose bracelets

(ii) Visible or noticeable body piercing and inappropriate tattoos

(iii) T-shirts with inappropriate jargon

(iv) Non-company approved baseball caps or hats

Section 59.03 In no circumstances will members be permitted to wear or display non-approved buttons, pins or other insignia. This would include wearing such items when the member is in a patient care area or if the member has in-person public contact (except during meal or break times taken in a nonpublic area and then, only if the member is not in a position where he may be asked to respond to an emergency call).

Section 59.04 Members required to wear a uniform are expected to wear it properly and in its entirety without personalized alterations or adornments.

Section 59.05 All members are expected to maintain a professional level of personal hygiene at all times.

Section 59.06 Management retains the right to interpret these guidelines using the Company standards of a professional and neat appearance to determine what is acceptable.

Section 59.07 If deemed necessary, supervisors may ask members to return home on unpaid time to change.

Section 59.08 Consistent disregard for Company policy will subject a member to dismissal under the category of "major violations."

Article 60. SOLICITATION

Section 60.01 In the interest of maintaining a proper business environment and preventing interference with work and inconvenience to others, the Company believes that our members should work in an environment free from harassment or unwanted solicitation.

Section 60.02 This policy is not intended to prevent community trust related activities as approved by local leadership in conjunction with local Human Resources as a Company or KMFFA-sponsored activity.

Section 60.03 Members may participate in Company or KMFFA-sponsored health, welfare, and charitable activities with specific prior approval from management.

Section 60.04 Members may not sell merchandise, solicit financial contributions, or solicit for any other cause during working time.

Section 60.05 Members who are not on working time (e.g., lunch breaks, etc.) may also not solicit to members who are on working time for any cause.

Article 61. POLITICAL ACTION COMMITEE

Section 61.01 The Company and the KMFFA agree that the political process and political awareness is important to the success of the Company. In that spirit, The KMFFA agrees to appoint the KMFFA treasurer as their “Custodian” of political contributions from its members. Accordingly as each member agrees to contribute to the Rural/Metro’s Political Action Committee, the “Custodian” shall present a check, each Quarter year in the aggregate amount of ($1) One Dollar per participating member per pay period, to the treasurer of Rural/Metro’s PAC.

Section 61.02 Any member shall be able to decline participation at any time. The KMFFA “Custodian” shall be the only entity with knowledge of individual member participation or nonparticipation.

Article 62. EMPLOYMENT OF RELATIVES

Section 62.01 The Company believes that the employment of relatives in various positions throughout the Company is acceptable but only under approved circumstances. Direct reporting involving relatives in any capacity, whether by contract or through an outside service agency, may create conflicts of interest potentially harmful to both the Company and the employees involved.

Section 62.02 Direct reporting relationships involving any relatives, including domestic partners, is prohibited and must be reported to your immediate supervisor so that appropriate transfer can take place.

Section 62.03 Should a member in a direct reporting relationship begin dating, or become engaged to another member, both of the members must report the event to their immediate supervisor and Human Resources and the least senior member must transfer to another position, as soon as it becomes available.

Article 63. BUSINESS ETHICS

Section 63.01 As integral members of the Company's team, all members are expected to accept certain responsibilities, adhere to acceptable business principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times.

Section 63.02 The Company's public image is very important. Only official Public Information Officers (PIO) and/or specifically designated managers and executives of the Company should make or give statements to the public or media. Members may not identify themselves as a representative of the Company and/or speak on behalf of the Company unless having received specific prior authorization from a manager who has the authority to do so. In all other cases, please refer questions from the public, the media, government bodies, contract clients or other individuals to a supervisor or PIO.

Article 64. SMOKING AND TOBACCO PRODUCTS IN THE WORKPLACE

Section 64.01 To maintain a safe and comfortable working environment and to ensure compliance with applicable laws, smoking and the use of tobacco products in the Company's offices, facilities, and vehicles are strictly regulated.

Section 64.02 Under no circumstances may members smoke or use other tobacco products during the performance of their job duties at any time.

(a) Under no circumstances may members smoke or use other tobacco products in a Company vehicle at any time.

(b) Smoking and the use of tobacco products will be permitted to designated areas only. The immediate supervisor will specify these areas.

Section 64.03 Members smoking or using tobacco products outside of designated areas may be subject to disciplinary action.

Article 65. CATASTROPHIC ILLNESSES

Section 65.01 It is the Company's belief that members who are afflicted with a serious, life-threatening illness are to be treated no differently than any other member. If a serious disease affects a member's ability to perform assigned duties, the member will be treated like other members who have disabilities, which limit their job performance.

Section 65.02 It is the policy of the Company that members with infectious, long-term, life-threatening, or other serious illnesses may work as long as they are able to perform the duties of their job without undue risk to their own health or that of other members, customers, or members of the public.

Section 65.03 Catastrophic illnesses for the purposes of this Article include but are not limited to the following:

(a) Cancer

(b) Heart disease

(c) Multiple sclerosis

(d) Hepatitis or tuberculosis

(e) Human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)

Section 65.04 The Company will support, where feasible and practical, educational programs to enhance member awareness and understanding of serious illnesses.

Section 65.05 Information relating to a member's serious illness will be treated as confidential and will not be disclosed to other members or employees other than on a need to know basis. However, members should be aware that pursuant to regulation and law certain governmental agencies, such as local Departments of Health, may require the Company to report the existence of communicable diseases.

(a) The Company will comply with applicable occupational safety regulations concerning members exposed to blood or other potentially infectious materials. Universal precautions, engineering and work practice controls and personal protective equipment will be used where appropriate to limit the contraction of and spread of serious illnesses in the workplace.

(b) Members, who are diagnosed as having a serious illness and who want an accommodation, should inform Human Resources of their condition as soon as possible.

(c) These members should provide Human Resources with any pertinent medical information needed to make decisions regarding job assignments, ability to continue working, or ability to return to work.

(d) The Company also may require a doctor’s certification of a member's ability to perform job duties without undue risk to self or others. In addition, the Company may request that a member undergo periodic medical examinations.

(e) Both members with serious illnesses and their coworkers need to comply with applicable federal, state, and industry standards for the prevention of the transmission of serious illnesses.

(f) Human Resources should review Company policy with the member on such issues as member assistance, employment leaves, infection control, the Company’s continuing expectation regarding the member's performance and attendance, and available benefits.

(g) Human Resources is also responsible for administering federal and state disability laws and for providing reasonable accommodation to members with serious illnesses who can perform the essential functions of their job and who do not pose a direct threat to their own safety or health or to the safety or health of other members, employees, customers, or the public.

(h) Human Resources is also responsible for helping to identify suitable, alternative positions for members with serious illnesses who cannot perform the essential functions of their particular job or who cannot function in their particular job without posing a direct threat to their own safety or health or the safety or health of other members, employees, customers or the public.

(i) Members concerned about being infected with a serious illness by a coworker, customer, or other person should convey this concern to their supervisor or Human Resources.

(j) Members, who refuse to work with or perform services for a person known or suspected to have a serious illness without first discussing their concern with a supervisor, will be subject to disciplinary action.

(k) In addition, where there is little or no evidence of risk of infection to the concerned member, the member's continued refusal may result in disciplinary action.

Section 65.06 Members must comply with all applicable occupational safety standards.

Article 66. ON-CALL (PAGER) TIME

Section 66.01 In special circumstances, at the discretion of the Fire Chief or his designee, members placed in an on-call status will be compensated in the following manner. Company requested on-call status Calculated as hours worked at a rate of one hour for every four hours on call.

Article 67. UNIFORM ALLOWANCE

Section 67.01 Each member will receive a $400.00 uniform allowance on July 1 of every contract year. These funds will be available through an account or voucher system at all stores approved by the Joint Labor/Management Uniform Committee.

Article 68. SEPARATION AND SEVERANCE

Section 68.01 Nothing in this Agreement shall be construed as waiving rights or protection granted to the members, the Company, or the KMFFA under any applicable federal or state law. It is understood and agreed that if any part of this Agreement shall be construed by any court, agency, or tribunal of competent jurisdiction or as a result of arbitration pursuant to the grievance procedure hereunder, to be in conflict with any law, then such part shall, to that extent, be deemed to be null and void from the date hereof without, however, affecting the balance of this Agreement. 

Article 69. TERM OF AGREEMENT

Section 69.01 This Agreement will be in effect from [the date this Agreement is ratified] through June 30, 2010, and will be automatically renewed from year to year thereafter, unless either party serves written notice on the other no later than May 2010, or any May 1 thereafter that it desires to modify or terminate the Agreement. The notice shall be sent by certified mail and it must comply with the provisions of this Article.

Section 69.02 If a party gives notice of a desire to modify or terminate the Agreement, the notice shall set forth, in detail, each proposal for modification of the Agreement if notice of modification is given, or the party's complete proposal for a new Agreement if notice of termination is given. If one party gives proper notice of a desire to modify or terminate the Agreement, the other party may thereafter submit proposals for modification of the Agreement or for a new Agreement.

Section 69.03 This Agreement is effective upon its execution by the Fire Chief for the Company and the KMFFA President for the KMKMFFA. The Company and the KMFFA acknowledge that other individuals also may sign this Agreement.