AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 2406, AFL-
EXECUTIVE BOARD
Electronic mail
President:
William Bryles
Vice President:
Jimmy Tabb
Secretary Treasurer:
Elaine Nelson
Recording Secretary:
Jaqueline Ames
Member-
Larry Morris
Chapter Chair:
Francene Thomas
CAA Chapter Chair:
John Green
PROPOSED AGREEMENT
Between
AFSCME
And
The
City of Moore
TABLE OF CONTENTS
ARTICLE TITLE PAGE
1 Purpose of Agreement 3
2 Recognition 3
3 Union Security 3
4 Non Discrimination 4
5 Probation Period 4
6 Seniority 4
7 Reduction in Force 5
8 Classifications 5
9 Employee Holidays 7
10 Sick Leave 7
11 Vacation Leave 9
12 Personal Leave 10
13 Hours of Work 10
14 Overtime 10
15 Discipline and Just Cause 11
16 Grievance Procedure 14
17 Wages and Benefits 16
18 Safety and Health Committee 18
19 Labor/Management Committee 19
20 Alcohol and Controlled Substance Testing Policy and Employee Assistance
Program 19
21 Occupational Injury/Injury Leave 29
22 Retirement – Pension Plan 29
23 Union Business 29
24 Bulletin Boards 30
25 Savings Clause 30
26 Term of Contract 31
27 Management Rights 31
Addendum A – Authorization for Payroll Deduction Form
Addendum B – Pay Plan
Addendum C – Longevity
ARTICLE 1
PURPOSE OF AGREEMENT
The purpose of this Agreement is to promote harmonious relations, and understanding
between the City of Moore and the American Federation of State, County, and Municipal
Employees (AFSCME), an affiliate of the AFL-
ARTICLE 2
RECOGNITION
The City of Moore, hereinafter referred to as the City, recognizes the American Federation
of State, County, and Municipal Employees (AFSCME), AFL-
ARTICLE 3
UNION SECURITY
Section 1. The City agrees to deduct the regular monthly Union dues from the available wages earned each pay period by any Union member, provided that an Authorization for Payroll Deduction form (Addendum A) has been completed and submitted as provided herein. The amount deducted each period shall be remitted to the Union, together with an itemized statement, no later than fifteen (15) business days after the deduction is made. The itemized statement shall indicate the name, agency/department/division/section, and the deduction amount for each contributing employee. The City agrees that all payroll deductions made for Union business shall be limited to a single deduction per employee per pay period. During the fiscal year the amount of the payroll deduction may not change more than twice without incurring an additional administrative fee of $62.50 per change thereafter. No more than four changes will be made per year. All employee authorizations shall be presented to the City at the same time.
Section 2. Authorized deductions shall begin within 30 days of delivery of the authorizations.
Section 3. The Union will pay the City One Hundred Twenty-
Section 4. The Union shall indemnify, defend and hold the City harmless against any and all claims, demands, suits, costs, expenses, or other forms of liability, including reasonable attorneys fees and costs arising from or incurred as a result of any action taken or not taken by the City, its officers, agents, employees or representatives, including but not limited to claims arising under the United States Constitution, or under any federal statutes, if it is finally determined that the City is liable for acts of the Union in complying with or carrying out the provisions of this article; and reliance on any notice, letter or authorization to the City by the Union pursuant to this Article.
ARTICLE 4
NON DISCRIMINATION
The City shall not discriminate in hiring, tenure or the benefits of this contract
regardless of race, color, religion, age, sex, sexual orientation, marital status,
national origin, union activities or disability. The City will follow all federal
and state laws regarding non-
ARTICLE 5
PROBATION PERIOD
Section 1. All new employees serve a six month probationary period. Department heads may extend the probationary period for a period not to exceed an additional 60 days if warranted by the employee’s performance. If the probation is extended, the employee shall be given the specific reasons for the extension in writing.
Section 2. An employee promoted to a new position shall serve a promotion probationary period of six months.
ARTICLE 6
SENIORITY
Section 1. Seniority shall mean the length of continuous service with the City of Moore in the bargaining unit.
Section 2. Classification seniority shall be the length of continuous service in the employee’s classification.
Section 3. Promotions shall be based on qualifications to perform in the promoted position. City shall use a process to determine who is the most qualified candidate. Only in instances where employee qualifications are equal, seniority shall be the tie breaker for promotion. Upon request, City shall provide an explanation to any unsuccessful candidate as to the reasons he or she was not selected for promotion.
Section 4. Job vacancies shall be posted internally in each Department for bidding by the current work force. It is the policy of the City to promote from within the current work force, if possible. Job vacancies will also be posted in any available source to attract the most qualified applicants.
ARTICLE 7
REDUCTION IN FORCE
Section 1. In the event a reduction in work force becomes necessary, the reduction shall be made in accordance with this Article. The reduction shall be made in the following manner: All layoffs shall occur by seniority, i.e., the last person hired shall be the first person laid off. The City shall notify the Union of its intent to layoff any employees thirty (30) days prior to any reduction in force. The City will identify the number, department, classifications and names of employees it intends to layoff. During the thirty (30) day period, the City may meet with the Union to reduce the impact of any layoffs as well as discussing all possibilities to minimize or eliminate any layoffs.
Section 2. -
Section 3. -
ARTICLE 8
CLASSIFICATIONS
Section 1 -
Job classes consist of any number of positions, which are sufficiently similar in duties, responsibilities and qualification guidelines.
Section 2 -
(1) Elected officials and Municipal Judge or Judges.
(2) City Manager, and one Secretary to the Manager.
(3) Volunteers and persons appointed to serve without pay.
(4) Individuals rendering professional services.
(5) Members and Secretary of each Board, Commission or other plural authority.
Section 3 -
(1) Class Title: This is a brief and descriptive designation of the type of work performed.
(2) Definition: This is a brief, concise description and definition of the primary responsibilities assigned to positions in the class.
(3) Distinguishing Characteristics: This describes the level of work in relation to higher or lower classes in the same series.
(4) Supervision Received and Exercised: Describes the level of supervision received and exercised by the positions in the class.
(5) Examples of Duties: Typical tasks, which are common to positions of the class. It serves to illustrate the more typical portions of the work performed. The statement performs related duties as assigned is included in all class specifications to provide legitimate flexibility to management in assigning duties.
(6) Qualifications: Knowledge and abilities that the duties of the class typically require. They are intended to serve as guidelines in the recruitment process.
(7) Licenses or Certificates: In certain classifications, legal or special provisions require possession of a specific license or certification issued by a Board of Licensure as a condition of employment.
Section 4 -
A department head may request a new position by submitting a job analysis questionnaire to the Personnel Division. The Division will review the request and submit a recommendation to the City Manager for consideration.
ARTICLE 9
EMPLOYEE HOLIDAYS
The City of Moore observes ten (10) official holidays:
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving
Day After Thanksgiving
Christmas Day
If a holiday falls on a Saturday, it will be observed on the previous Friday. If a holiday falls on a Sunday, it will be observed the following Monday.
ARTICLE 10
SICK LEAVE
Section 1. Sick leave will be granted to employees due to personal or immediate family sickness or injury, and for medical, optical, or dental appointments. For purposes of sick leave, members of the immediate household shall include spouse, children, or other relatives permanently residing with employee.
Section 2. Full time employees accrue 10 hours of sick leave per month. Regular part time employees accrue sick leave at a pro rata basis of 75%.
Section 3. In the event of an FMLA qualifying illness or non-
Employees on F.M.L.A. leave are entitled to coverage under the City’s group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. The employee’s health coverage continues at the same level as prior to a F.M.L.A. leave, and the employee continues to pay their required contribution.
Section 4. Sick leave may accumulate to a total number of work hours not to exceed 1,000. The city will buy back all sick leave in excess of 1,000 hours.
Section 5. If an employee does not use any sick leave for the entire fiscal year, they will receive one additional vacation day.
Section 6. In the event that an employee retires or terminates employment (with
a minimum two-
Section 7. Those with continuing employment shall have an option once a year, on
May 1st or December 1st, of each year to elect a buy back of fifty percent (50%)
of their accumulated sick leave on a two-
Section 8. Should an employee be unable to report to work due to sickness, he or she must notify his or her supervisor and/or department head on each day that he or she will be absent prior to the beginning of the actual work period. However, if said employee is in a department where the phone is not being answered prior to the start time, the employee has a duty to and shall leave a voice mail with his or her supervisor. Thereafter, said employee shall follow up during the beginning of the actual work period, but no later than thirty minutes after the commencement of the work period.
Section 9. Should an employee be granted a release to return to work by the attending physician with limitations or restrictions (light duty), the City shall make the decision as to whether light duty is available, and with the limitations or restrictions, if work would be available.
Section 10. In cases where an employee is absent from work for an extended period of time due to hospitalization or other reasons associated with a serious illness, accident, etc.; during the period of the employee’s absence, he or she in lieu of calling the department head on a daily basis, will weekly notify his or her supervisor and/or department head regarding his or her medical status and the projected duration of his or her absence from work.
Section 11. Sick Leave donations, to other employees, are permitted up to a maximum of three (3) months leave time per fiscal year. Any employee using donated sick leave must first exhaust all other leave time (vacation, sick, and comp time).
ARTICLE 11
VACATION LEAVE
Section 1. Full time employees will be eligible to accrue vacation leave according to the following schedule:
0 -
25 -
61 -
121 -
181+ months (over 15 years) -
Section 2. Vacation leave accrues from the date of employment as a full time employee, but may not be used until the successful completion of an employee’s probationary period. This policy may be waived in extenuating circumstances by the recommendation of the employee’s supervisor and/or department head and with the approval of the City Manager. The maximum vacation accrual amount is 300 hours.
Section 3. An employee shall request vacation leave in writing at least five (5) working days prior to the first day of vacation time requested, unless there are extenuating circumstances, and such request must be approved by his or her supervisor and/or department head. In the event that requested vacation time of an employee conflicts with that time already requested by another employee, or such requested time will interfere with the operations of the department due to a workload, unusual circumstances, etc., the vacation time shall be scheduled at a later time agreeable to the employee as approved by the supervisor and/or department head and City Manager. As approved, an employee’s vacation leave may be taken at any time or in any periods not to exceed two (2) week intervals, unless waived for unusual circumstances by the City Manager, and not to exceed the total number of hours on a holiday observed by the City, the holiday shall not be counted as a vacation day.
Section 4. Should an employee be separated from service with the City, he or she will be paid for all accrued vacation leave. Such time is to be compensated at a rate of one (1) hour of pay per hour of leave accumulated.
Section 5. Regular part-
Section 6. Employees must complete six months of continuous service to be eligible for vacation leave.
ARTICLE 12
PERSONAL LEAVE
Section 1. Leave shall be granted for the reasons of the death of a member of the
employee’s immediate family (by blood or marriage), i.e., grandparents, grandchildren,
parents, sisters, brothers, sons, daughters, step-
Section 2. Those affected by a disaster similar to the May 3, 1999 tornado will receive Emergency Leave during the first five (5) days following the disaster. Total maximum hours allowed will be 40 hours. The employee must provide proof of actual damage.
ARTICLE 13
HOURS OF WORK
Section 1. The normal hours of work for a full time employee are 8 hours per day, 5 days per week, with two consecutive days off, subject to changes due to the seasons, weather, demand and equipment malfunctions. The work week shall be defined as Sunday through Saturday. Solid Waste employees may be assigned to a normal work day of 10 hour days, 4 days per week.
Section 2. Employees will be permitted a lunch period one hour in length. City will follow FLSA on all breaks.
ARTICLE 14
OVERTIME
Section 1. The normally anticipated schedule of tasks and duties shall be completed within the eight or ten hour day and within the forty (40) hours per week. The nature of certain unidentifiable aspects of the City’s business may, on occasion, require performing duties and tasks beyond the normal workday and forty (40) hour per week. All hours worked in excess of 40 hours in the seven day work week defined in Article 13 shall be deemed overtime.
Section 2. Overtime shall be compensated at the rate of time and one-
Section 3. If an employee works overtime or works on a paid City holiday, the supervisor
and employee may agree to allow the employee to be compensated for said hours in
the form of Compensatory time. If there is no such agreement, then compensation
shall be in the form of pay. Compensatory time is earned at the rate of one and
one-
In addition, if an employee works on a scheduled holiday, that employee shall receive pay at the rate of 1.5 times their regular rate of pay for all hours worked on said holiday. Said employee shall also receive one paid shift at the regular straight time rate as holiday pay.
Section 4. Employees called in or called back to perform work, shall be compensated a minimum of two hours pay.
ARTICLE 15
DISCIPLINE AND JUST CAUSE
Section 1 -
(1) Types of Actions
All reprimands shall be purged every two (2) years at the written request of the employee. Disciplinary action may include any of the following:
a) Oral Warning:
An employee may be given a face-
b) Written Reprimand:
An employee may be given a written statement by the supervisor and/or department head, formally reprimanding the employee; detailing the specific nature of the employee’s desirable performance or work habits; and the specific actions that must be taken by the employee to remedy the problem area(s). The supervisor and/or department head shall present the written reprimand form to the employee and allow him or her to examine it; shall have the employee sign the reprimand form; shall allow the employee to formally (in writing) respond to the reprimand; and shall forward the reprimand and accompanying response by the employee to the Personnel Division, through the proper organizational chain of command, for inclusion in the employee’s personnel file.
c) Suspension:
An employee may be suspended without pay upon the recommendation of the supervisor and/or department head with the City Manager’s approval.
d) Disciplinary Probation:
An employee may be placed on disciplinary probation upon the recommendation of the supervisor and/or department head, with the approval of the City Manager. The supervisor and/or department head shall forward a written statement to the Personnel Division and City Manager through the proper organizational chain of command, explaining the reasons for and the duration of the probation recommended. The employee shall be allowed to examine the recommendation, and the supervisor and/or department head shall request that the employee sign it signifying he/she understands the nature of the action.
(2) Basis of Disciplinary Decision
The determination by a supervisor and/or department head as to the severity of the disciplinary action to be taken on any given case (oral warning, written reprimand or suspension or disciplinary probation) shall depend on the seriousness of the incident and the whole pattern of the employee’s past performance and conduct.
Section 2 – Demotion.
(1) Reasons for Demotion
An employee may be demoted for any of the following reasons:
a) When an employee would otherwise be terminated because his/her position is abolished; lack of work; lack of funds; etc; or
b) When an employee does not properly perform or possess the necessary skill, knowledge, or abilities to render satisfactory service in the position he/she holds; or
c) When an employee requests a voluntary demotion i.e. a transfer to another position classified lower than the employee’s current position.
(2) Reporting / Notification of Demotion
In the event than an employee is recommended for demotion by the employee’s immediate supervisor and/or Department Head, then said supervisor and/or Department Head shall place said recommendation in writing with appropriate reasons, and forward it to the Personnel Division and City Manager. The City Manager has final approval. The procedures for appealing a demotion are outlined in the Grievance Procedure of this contract. In the event that an employee voluntarily requests a demotion, the employee shall place such request in writing with appropriate reasons and forward it to the City Manager through the organizational chain of command.
(3) Classification Upon Demotion
In the event of an involuntary demotion, the City Manager shall demote the employee upon recommendation of the Department Head to the grade/step in the salary plan that said employee previously held. When an employee requests a demotion, said employee shall be demoted to the grade/step corresponding to the position to which he or she is being demoted in conformance with the definition in Section 4.5 (3) of the City Personnel Policy and Procedure Manual.
Section 3 – Dismissal. The following acts constitute misconduct and may be grounds for discipline up to and including dismissal from the employment of the City of Moore as approved by the City Manager:
a) Habitual tardiness and absenteeism.
b) Violation of these policies and procedures established by this agreement or any departmental rules of which the employee had notice.
c) Possession, consumption or distribution of intoxicating liquor, illegal drugs, or other substances while on duty, or reporting to work under the influence of an intoxicating or illegal substance.
d) Failure to follow the instruction of an employee’s supervisor.
e) Insubordination that constitutes a serious breach of discipline.
f) Conviction of a felony or other crime involving moral turpitude.
g) Misappropriation, destruction, theft, or conversion of city property.
h) Neglect of duty.
i) Willful falsification of Personnel records.
j) Willful or purposeful misrepresentation resulting in harm to the City of Moore.
k) Failure to maintain a valid Oklahoma Operator’s or chauffeur’s license, or any other license or certificate in a position with the city in which a valid license or certificate are requirements of the position consistent with class of drivers license in effect.
l) Excessive unauthorized absences (unauthorized absence is defined as an absence from work by an employee which is not approved by the employee’s supervisor)
m) Acts of serious misconduct detrimental to the good of the city organization.
ARTICLE 16
GRIEVANCE PROCEDURE
A grievance is defined as a dispute or disagreement as to the interpretation or application of any of the provisions of this Agreement or the actions of any of the parties thereunder. The grievance procedure is established to ensure the prompt review, impartial consideration and equitable disposition of a grievance presented by the Union Grievance Committee. The Union Grievance Committee filing a grievance will be free from restraint, coercion, discrimination or reprisal resulting out of filing a grievance.
A business day is defined as 8:00 a.m. to 5:00 p.m. Monday through Friday, except legal holidays recognized by the City's municipal building being closed.
UNION LIAISON
The Union President or their designee may report an impending grievance verbally to the Employer in an effort to resolve the matter and forestall its occurrence.
PROCEDURE
Step I. The Union or an Employee covered under this Agreement may file a written grievance with the employee’s supervisor in the case of an individual grievance or the Personnel Technician in the Personnel Division in the case of a contractual grievance, on the official grievance form, within fifteen (15) business days of knowledge of the alleged occurrence. All attempts should be made at the lowest level possible to resolve the matter.
Step II. If the grievance cannot be resolved at Step I, the grievant may file the grievance in writing to the Union Grievance Committee. If the Union Grievance Committee determines, in it sole discretion and judgment, that a grievance exists, the Committee shall file the grievance in writing within ten (10) business days with the City Manager.
Step III. The City Manager or designee shall submit a written response to the Union Grievance Committee within fifteen (15) business days of receipt of said grievance. The Union Grievance Committee will give written notice within fifteen (15) business days of receipt of the City Manager or designee’s response as to whether the grievance is resolved or to be submitted to arbitration.
If the grievance is to be submitted to grievance arbitration, the Union or Grievant shall submit a request to FMCS for a list of seven neutral arbitrators. The first strike on the list of neutral arbitrators will be on an alternating basis with the Union making the first strike on the first arbitration of the new contract year.
If the grievance is to be submitted to arbitration, upon written notice to the Employer of the same, said grievance may be submitted for mediation to a mediator of the parties' choice, according to the rules of the Federal Mediation & Conciliation Service (FMCS). If the parties are unable to mutually agree upon a mediator, the FMCS shall appoint a mediator to assist in adjusting the grievance at this level. The parties shall each select representatives to present their respective parties' position to the mediator. Each side shall present a summary of its position to the mediator, which presentation shall include a summary of all relevant facts. If, at the conclusion of the hearing the parties have not settled the grievance, the mediator shall make written findings of fact and recommendations and submit them to the parties within fifteen (15) business days of the conclusion of the hearing. Said findings and recommendations shall be advisory only and not be binding on the parties or admissible in any subsequent arbitration hearing. If the grievance is settled by mediation the arbitration shall be canceled with any cancellation fees charged by an arbitrator shared equally by both the Union and the City. Mediation shall not impede the progression of the grievance through the steps of arbitration and, if the grievance is not settled by mediation the grievance shall proceed.
ELECTION OF REMEDIES
Any Employee at his/her option may present his/her alleged grievance before a legally constituted Personnel Board as provided by the Moore City Charter, with the understanding that once submitted to the Personnel Board, this will constitute an election of remedies and waive any and all rights of the grievance procedure outlined in this Article. Said grievance must meet all criteria set forth in the Moore City Charter relative to which issues the Personnel Board may hear and take action.
CONTENTS OF GRIEVANCE
All grievances submitted at Step I of the procedure set forth in this section entitled Procedures shall state the facts giving rise to the grievance, the provision(s) of the Agreement, state statute and/or past practice, if any alleged to have been violated including the approximate date(s) of said violation, the names of the aggrieved Employee(s) and the specific remedy sought.
ARBITRATION
The Arbitrator chosen by the parties shall have the power to subpoena witnesses and the production of documents. The Arbitrator shall conduct the hearing and issue an Award based on FMCS rules. The Award shall be final and binding as provided by the Oklahoma Municipal Employee Collective Bargaining Act.
ARTICLE 17
WAGES AND BENEFITS
The Pay Plan for the employees covered by this agreement is attached as Addendum
B. Salary progression through the range is step-
The following practices will be followed when administering the salary plan:
(1) Employment Rate:
The rate of pay for newly hired employees will be at the minimum step of the assigned range to ensure equity with current employees with greater tenure. Based on the City’s needs and employees’ qualifications, however, placement may be made above the minimum step. Hiring above the entry rate will be only with approval of the City Manager.
(2) Promotion:
Upon promotion to a classification in a higher salary range, employees will be placed in the new range so that at least a two and one half percent (2.5%) increase in pay results, unless such an increase will exceed the maximum step of the range of the class.
(3) Demotion:
Upon voluntary demotion to a classification in a lower salary range, employees shall be placed in the new range at the nearest step placement as their current salary. In the event of disciplinary demotions, employees may be placed in the new range at the level so that a two and one half percent (2.5%) loss in pay results, but in no event will the salaries be reduced below the entry rate for the new range.
(4) Lateral Transfer:
Upon transfer to a position classified at the same level, the employee’s range and salary level placement will not change. However, a new probationary period in the new class will be required.
(5) Reclassification:
Upon reclassification to a higher level classification, salaries will be placed at the same step in the new range as the employee held in the old range. Reclassification to a lower level class will result in salary placement within the new range equal to the current rate of pay, not to exceed the maximum rate for the new range. Reclassification to classes at the same level will result in no pay change.
(6) Y-
In the event that an employee is promoted, demoted or transferred into a position
and placed at a salary level greater than the above, the salary will be Y-
Longevity Pay
All regular employees and regular part-
Only employees hired as regular and regular part-
Service Incentive Pay
All regular employees and regular part time employees not receiving longevity pay, will receive, in addition to their base salary, Service Incentive Pay. Service Incentive Pay will be paid to employees hired after September 1, 1997 and will begin after three (3) full years of service. Service Incentive Pay will be calculated from the date the employee receives fringe benefits. Service Incentive Pay will consist of one hundred dollars ($100) for each year of completed service as of November 1, up to a maximum of two thousand dollars ($2,000) for twenty (20) plus years of service. Service incentive pay will be paid as a lump sum payment in December of each year.
Payroll Periods
Payroll periods will be biweekly, with the first period ending July 14, 1990. If a payday falls on a holiday, paychecks may be issued on the first workday immediately proceeding the holiday.
Final Paychecks
Upon termination each employee will be paid all leave hours following the end of
the pay period last worked. An exception to this is: Upon employee request, up
to two additional pay periods will be processed if available leave time exists. An
employee must have a minimum of 64 hours leave time to extend their active employment
status for one pay period and a minimum of 128 hours to extend their status two pay
periods. Leave time is defined as accrued vacation or holiday, earned compensation,
and one-
Wage Increases 2007-
For FY 2007-
Employees who reached top step as of June 30, 2007, shall also receive a one time payment equal to 2.5% of base pay. This payment shall be made in a lump sum with the first paycheck in December, 2007.
On Call Pay
Employees who are required to be on call shall receive the following compensation:
On call once every 3 weeks -
On call once every 4 weeks -
On call once every 5 weeks -
On call all the time -
ARTICLE 18
SAFETY AND HEALTH COMMITTEE
The parties shall have a safety committee consisting of three (3) employees appointed by the Union and three (3) members appointed by the City. The committee may meet at the request of either party to discuss issues and shall be charged with review and modification of all safety and health policies and procedures. In addition, the committee shall review all safety and health violations or complaints and make recommendations for improvements and adjustments.
ARTICLE 19
LABOR / MANAGEMENT COMMITTEE
This committee shall meet at the request of either party to discuss issues of concern between the parties of the contract. Each party shall appoint three members to the Committee. Any disputes not filed as grievances under the contract can be discussed at this meeting. This committee shall be responsible for improving issues and concerns that have arisen during the term of the contract. The committee shall not have the authority to change or modify the terms contained in the agreement.
ARTICLE 20
ALCOHOL AND CONTROLLED SUBSTANCE TESTING POLICY AND EMPLOYEE ASSISTANCE PROGRAM
Section 1. Alcohol and Controlled Substance Testing Policy Defined
It is the policy of the City of Moore and Moore Public Works Authority (“City”) to comply with the Omnibus Transportation Employee Testing Act of 1991 and to establish programs that help prevent accidents and injuries resulting from misuse of alcohol and controlled substances by City employees. Unless specified in other rules, regulations or bargaining agreements, this policy applies to any and all City and Authority employees who are required to possess a valid commercial driver’s license (CDL) or works in a safety sensitive position.
This policy is intended to provide a condensed explanation of guidelines effecting
alcohol and controlled substance testing requirements. It is not intended to be
all-
It is the responsibility of the employee to read and understand this policy and determine what impact or effect these alcohol and controlled substance testing requirements may have on them or their employment.
Section 2. Authority
This policy shall be in accordance with and administered pursuant to OKLA. STAT. Title 40, Sec. 551 et. seq., The Oklahoma Standards for Workplace Drug and Alcohol Testing Act; 49 U.S.C. Sections 31138, 31301 et. . Of the Federal Statutes and the U.S. Department of Transportation (U.S.D.O.T.) rules and regulations found at 49 C.F.R. 382, 391 and 392 and any amendments thereto. Drug and Alcohol testing required by and pursuant to federal law or regulation shall be exempt from the provisions of the Standards for Workplace Drug and Alcohol Testing Act, and the rules promulgated pursuant thereto.
Section 3. Application
This policy shall apply to all employees who are required to possess a Commercial Drivers License (C.D.L.) or works in a safety sensitive position.
Section 4. Pre-
All applicants for positions with the City shall undergo controlled substance and/or alcohol testing prior to assignment.
4.1 Job applicants shall be tested only after a conditional offer of employment is made.
4.2 Refusal to submit to a test or a confirmed positive test shall be the basis for withdrawing a conditional offer of employment.
Section 5. Reasonable Suspicion
The testing for a controlled substance or alcohol may be conducted on any City employee when there exists a reasonable suspicion of substance abuse in the workplace. Reasonable suspicion may be based upon, among other things:
5.1 Observable and articulable phenomena, such as physical symptoms or manifestations of being under the influence of a controlled substance or alcohol while at work or on duty (appearance, behavior, speech, body odor, etc.) or the direct observation of such use while at work or on duty;
5.2 Reports of controlled substance or alcohol use from reliable and credible sources which are independently corroborated;
5.3 Evidence that an individual has tampered with a controlled substance or alcohol test during his employment; or
5.4 Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of controlled substances or alcohol while on the employer’s premises or operating the employer’s vehicle, machinery or equipment.
No testing under Reasonable Suspicion shall be initiated unless the circumstances are properly reviewed and agreed upon by at least two (2) representatives of City management (which shall be considered to include supervisory level personnel).
A written record of the observations leading to a controlled substance or alcohol
test shall be created and signed by the supervisor(s) who made such observations
within twenty-
The City’s Risk Management Medical files shall be the records and reporting for all controlled substance and alcohol related information.
Section 6. Post Accident Testing
Post-
Section 7. Random Testing of Employee
The City shall at various times, randomly select employees, as defined, for unannounced testing for controlled substance and alcohol. The selection of employees to be tested shall be by a scientifically valid method, as defined in Section 8, so that each employee shall have an equal chance of being tested each time testing occurs.
The dates for the unannounced testing of randomly selected employees shall be spread reasonably throughout the year.
The number of employees to be tested shall equal an annual rate based on Federal and/or State regulations for controlled substances and alcohol for the total number of employees employed by the City. Note: The percentages are subject to change because of federal requirements and may not apply to safety sensitive positions.
The City shall require that each employee who is notified of selection for random testing proceed to the testing site immediately, as designated in Section 17 of the policy.
Section 8 Selection Procedure
The City has established the following procedure(s) for selection of individuals for random testing for controlled substance and alcohol:
8.1 Computer Generated – Selection Process Number One
The city shall use a computer program that, either by social security number or name will randomly select a group of employees, which will then be required to submit to testing.
8.2 Outside Selection – Selection Process Number Two
The City shall contract with an outside agency to provide selection, testing and reporting in compliance with Federal and State requirements.
Section 9. Post-
The City may require an employee to undergo testing for controlled substances and alcohol for a period of two (2) years after the employee’s return to work following a confirmed positive test and following participation in a substance abuse dependency program under the City’s assistance program or attended at the request by the City.
The employment status of any City employee, while undergoing substance abuse dependency rehabilitation and until satisfactory completion of said rehabilitation, shall be changed to probationary. Restoration to employment status prior to probationary employment status shall be at the sole discretion of the City.
Failure of an employee to comply with items listed below shall constitute a voluntary
resignation from employment with the City by the employee, to-
9.1 Failure to progress satisfactorily in a rehabilitation program;
9.2 Presence of a controlled substance or alcohol in your body evidenced by a confirmed positive test; or
9.3 Refusal to submit to any or all post-
Section 10. Substances for Which Tests May Be Given (Includes the Related Metabolites)
10.1 Ethyl alcohol or ethanol (beer, liquor, etc.)
10.2 Drugs approved for testing
- A licensed testing facility may test for any drug or class of drugs or their metabolites included in Schedule I, II, or III of the Controlled Substances Act (21 U.S.C. Sec. 801, et. seq.) provided testing for such substances has been approved by the Commissioner of Health.
- The following drugs or their metabolites have been approved for testing by the Commissioner of Health:
- marijuana
- opiates:
- codeine
- heroin
- morphine
- semi-
synthetic and synthetic narcotics:
- hydrocodone
- hydromorphone
- meperidine
- methadone
- oxycodone
- propoxyphene
- cocaine
- phencyclidine
- amphetamines:
- amphetamines
- methamphetamines
- methylenedioxyamphetamine
- methylenedioxymethamphetamine
- phentermine
- barbituates:
- amobarbital
- butalbital
- pentobarbital
- secobarbital
- benzodiazepines:
- diazepam
- chlordiazepoxide
- alprazolam
- clorazepate
- methaqualone
- If the United States Department of Health and Human Services has established an approved protocol and positive threshold for a substance not listed in (B) of this Section, testing for such a substance shall be deemed to be approved by the Commissioner of Health.
- Drugs other than those listed shall be tested by scientifically established methods at scientifically established detection levels.
- Threshold reporting levels shall be those established and maintained by the U.S. Department of Transportation and as utilized by the National Institute for Drug Abuse (NIDA). Any positive levels below those established reporting levels should not be reported to the City by the testing laboratory.
Section 11. Controlled Substance and Alcohol Testing Methods and Documentation
Collection, storage, transportation, and testing procedures shall be conducted in accordance with rules established by the Oklahoma State Board of Health and applicable Federal Statutes and regulations including the following:
11.1 Testing facilities shall meet or exceed the qualifications and standards of and be licensed by the Oklahoma State Department of Health.
11.2 Samples shall be collected only by those persons “deemed qualified” by the Oklahoma State Department of Health and appropriate labeling of samples shall occur so as to reasonably preclude the probability of erroneous identification of test results.
11.3 Body component samples that are appropriate for controlled substance and alcohol testing shall be collected with due regard to the privacy of the individual being tested. In no case shall the city’s representative directly observe collection of a urine sample.
11.4 A written record of the chain of custody of the sample shall be maintained until the sample is no longer required.
11.5 An applicant or employee shall be given the opportunity to provide notification of any information, which (s)he considers relevant to the test, including current or recent used controlled substances prescribed by a licensed physician or other relevant information.
11.6 Reporting levels utilized for identification of positive substance abuse results shall be those levels established by the U.S. Department of Transportation.
Section 12. Costs
The City is responsible for all costs associated with controlled substance and/or
alcohol testing. If an employee requests a re-
Section 13. Refusal to Undergo Testing: Tampering with Samples
Employees refusing to undergo testing according to the terms of this policy shall be subject to disciplinary action up to and including termination. Employees found supplying or attempting to supply an altered sample or a substitute sample, not their own, by whatever means shall be subject to disciplinary action up to and including termination.
Section 14. Medical Review Officer
The City shall employ and/or contract a Medical Review officer qualified by the Oklahoma State Board of Health. The Medical Review Officer shall receive test results from the testing facility and evaluate said results in conjunction with the subject employee and/or applicant. Upon receiving a confirmed positive test result, the medical Review officer shall contact the employee or applicant prior to notification of City Officials. The employee or applicant shall be given the opportunity to explain the confirmed positive test results.
Section 15. Confidentiality
The City shall comply with all provisions of the Workplace Drug and Testing Act including confidentiality and shall treat all tests and information related to such tests, including interviews, memoranda, reports and statements as confidential. All records relating to testing shall be kept separate and apart from personnel records. Risk Management shall maintain said records. Such records may not be used in any criminal proceeding, civil or administrative action except in actions taken by the city or otherwise involving the subject employee and the City, unless there is a valid court order authorizing the release of such records. Records shall be the property of the City and will be made available to the affected applicant or employee for inspection and copying upon request. Records may not be released to any person other than the applicant or employee without the applicant’s or employee’s express written permission, or if otherwise required by law. Employees within supervisory or management positions shall be responsible for compliance with this policy. They shall also ensure those employees seeking treatment or within rehabilitation processes are treated fairly and appropriately as it concerns their job rights and job security. Additionally, supervisors and managers shall ensure that all reasonable efforts are made to allow for confidential handling of diagnosis and treatment of employees with substance abuse problems.
Section 16. Disciplinary Action
The City recognizes that substance abuse is treatable and that appropriate responses to these problems include education, treatment and rehabilitation. The City shall not take disciplinary action against an employee who tests positive for a controlled substance or alcohol unless the test is confirmed by a second test performed on the same sample using methods prescribed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act or U.S. Department of Transportation rules and regulations. However, this shall not preclude the use of administrative leave in cases involving reasonable suspicion and/or at the discretion of the City.
A non-
If an employee tests positive for a controlled substance or alcohol, said employee may be suspended, demoted, or terminated. In addition to the alleged offense, the appropriate course of action may be determined based on the employee’s total work performance record including, but not limited to any prior confirmed positive controlled substance and/or alcohol test results.
Continued employment, if offered, shall be contingent upon the employee agreeing
in writing to undergo random or periodic tests for controlled substances and/or alcohol
post rehabilitation for a period not to exceed two (2) years and satisfactorily participate
in the City’s assistance program. Employees who have had a positive test shall not
be allowed to return to work until they can provide a verified negative “return to
work” test for either controlled substance or alcohol or both, which ever is applicable.
Said “return to work” test shall be obtained through a City approved testing facility
which meets the requirements of Section 11 (Testing Methods) of this policy and the
cost of said test shall be paid by the City. Employees in such situations may use
available sick vacation or compensatory leave. All test must be pre-
Section 17. Testing Procedure
When a controlled substance or alcohol test is deemed appropriate under this policy, the employee’s department head shall arrange transportation to the City’s testing facility. A supervisory or management employee shall accompany the employee to the testing facility. If the testing facility is closed, the department head shall arrange for the employee to be transported to an alternate test facility.
Employees must present a picture I.D. (e.g., Oklahoma Driver’s License) or the supervisory or management personnel accompanying the employee can provide identification witness as the employer representative to the testing facility personnel prior to testing as required by NIDA procedures.
The supervisory or management personnel shall make a reasonable effort to ensure the employee is transported to their place of residence after any test is completed under the criteria of reasonable suspicion in Section 5 or Post Accident testing in Section 8.
Section 18. Challenging Test Results
Employees wishing to receive test results, which could be used to challenge the results of the City’s test, must:
18.1 Do so at their own expense;
18.2 Do so in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Act;
18.3 Have the sample collected within (1) hour of the City’s sample collection and said sample collection shall comply with standards established in accordance with federal and state guidelines.
Section 19. Employee Assistance Program
The City shall maintain either an in-
Employees who (1) voluntarily self identify at least twenty-
Section 20. Penalties and Remedies
Employees are hereby advised that there are certain criminal sanctions and civil remedies for violations of the Oklahoma Standards for Workplace Drugs and Alcohol Testing Act contained in OKLA. STAT. Title 40, Section 551, et.seq. The City’s implementation of testing for controlled substances and alcohol shall not diminish the rights of individual employees under federal or state statutes as related to said testing.
Section 21. Prohibitions
No employee shall report for duty within four (4) hours after using alcohol or remain on duty while having an alcohol concentration of 0.04 or greater and no supervisor shall permit any employee to perform any work duties if the supervisor is aware the employee has an alcohol concentration of 0.04 or greater. No employee shall be on duty or operate a City vehicle or perform job duties while in possession of alcohol nor use alcohol during such duty time.
No employees shall report for duty, drive a City owned vehicle, operate equipment or remain on duty when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician and/or the physician has advised an employee the substance will not adversely affect an employee’s ability to drive a vehicle or operate equipment, if such duties are required. No supervisor having knowledge that an employee has used a controlled substance shall permit an employee to be on duty, drive a City owned vehicle, or operate equipment.
No employee required to take a post accident test shall use alcohol for eight (8) hours following the accident, or until (s)he undergoes a post accident alcohol test, which ever occurs first.
Section 22. Refusal to Take Test
The Omnibus Transportation Employee Testing Act of 1991 specifically states that no employee can refuse to take a test for a controlled substance or alcohol. If an employee refuses to submit to any of the testing requirements then that employee shall have voluntarily resigned from the employment of the City.
ARTICLE 21
OCCUPATIONAL INJURY / INJURY LEAVE
Section 1. If an employee is injured on the job, they must report the injury to
the Department Head. All injuries, even those appearing to not be serious and/or
do not require medical attention should be reported. In non-
JURY DUTY
The employees will relinquish any pay received for jury duty during work hours for which they are being paid by the City, less mileage to the City.