THE CITY OF BEAUMONT AND

BEAUMONT FIREFIGHTERS' LOCAL 399

CONTRACTUAL AGREEMENT
ENDING SEPTEMBER 30, 2027
 TABLE OF CONTENTS

Page No.
AGREEMENT 1

ARTICLE I INTENT AND PURPOSE 2

ARTICLE II RECOGNITION 3

ARTICLE III NON-DISCRIMINATION 4

ARTICLE IV MANAGEMENT RIGHTS 5

ARTICLE V GENERAL PROVISIONS 6

ARTICLE VI UNION BUSINESS 7

ARTICLE VII SENIORITY, PROMOTIONS, 8

DEMOTIONS AND TRANSFER

ARTICLE VIII NO STRIKE - NO LOCKOUT 9

ARTICLE IX MAINTENANCE OF STANDARDS 10

ARTICLE X DEPARTMENT COMMITTEES 11

ARTICLE XI SICK LEAVE 13

ARTICLE XII BEREAVEMENT LEAVE 14

ARTICLE XIII VACATIONS AND HOLIDAYS 15

ARTICLE XIV PAYROLL DEDUCTION OF DUES 17

ARTICLE XV PENSION 18

ARTICLE XVI BASIC RATE OF PAY 19

ARTICLE XVII ADDITIONAL PAY 20

ARTICLE XVIII CLOTHING AND CLOTHING 22
MAINTENANCE ALLOWANCE

ARTICLE XIX MILEAGE ALLOWANCE 23

ARTICLE XX HOURS AND OVERTIME PAY 24

ARTICLE XXI CALLBACK PAY 25

ARTICLE XXII INDUSTRIAL FIRES 26

ARTICLE XXIII TEMPORARY DUTIES IN A 27

HIGHER CLASSIFICATION

ARTICLE XXIV ENTRY LEVEL HIRING PROCEDURES 28

ARTICLE XXV STANDBY PAY 29

ARTICLE XXVI WAGES 30

ARTICLE XXVII INSURANCE 31

ARTICLE XXVIII GRIEVANCE PROCEDURE 34

ARTICLE XXIX COMPLETE AGREEMENT CLAUSE 37

ARTICLE XXX NEGOTIATION TO COMMENCE 39

ARTICLE XXXI DURATION OF AGREEMENT 40

APPENDIX A DEFINITIONS 42

APPENDIX B RANDOM DRUG TESTING 45

POLICY

ADDENDUM C WAGE TABLE 52

ADDENDUM D REQUEST FOR EDUCATIONAL 53

REIMBURSEMENT
 AGREEMENT
This Agreement is made and entered into by and between the City of Beaumont, a
municipal corporation domiciled in the State of Texas, herein referred to as the "EMPLOYER"
and Local 399, International Association of Fire Fighters, AFL-CIO-CLC, hereinafter referred
to as the "UNION" and collectively as the PARTIES.

1
 ARTICLE I.
INTENT AND PURPOSE

It is the general purpose of this Agreement to promote the mutual interests of the
PARTIES; to provide for equitable and peaceful adjustments of differences that may arise; to
establish proper standards of wages, hours, and other conditions of employment which will
provide and maintain a sound economic basis for the delivery of public services; and to provide
for the operation of the services delivered by the EMPLOYER under methods which will
further, to the fullest extent possible, economy and efficiency of operation, elimination of
waste, realization of maximum quantity and quality of output, cleanliness, protection of
property and avoidance of interruptions to service. The PARTIES to this Agreement will
cooperate fully to secure the advancement and achievement of these purposes.

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 ARTICLE II.
RECOGNITION

Section 1. The EMPLOYER recognizes the UNION as the exclusive bargaining agent for
all permanent paid fire fighters in the Fire Department, excluding the Fire Chief.
Under no circumstances shall anyone inside the bargaining unit bargain for themselves or
attempt to bargain individually with another bargaining unit member without the written consent
of the UNION. If legislation is amended or changed to redefine the composition of the bargaining
unit, the PARTIES will comply on the effective date of any such federal or state legislation.
Section 2. The UNION recognizes the designated representative or representatives of
the EMPLOYER as the sole representative of the EMPLOYER for the purpose of collective
bargaining.
Section 3. Any reference to employees, members of the bargaining unit, or fire fighters
shall apply to any individual subject to the terms of this Agreement, regardless of their rank in
the Department or membership status in the UNION.
Section 4. All personal pronouns used in this Agreement, whether used in the masculine,
feminine, or neutral gender, shall include all other genders, and the singular shall include the
plural and vice versa.

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 ARTICLE III.
NON-DISCRIMINATION

Section 1. The EMPLOYER agrees not to discriminate against any employee for their
activity on behalf of, or membership in, the UNION. The UNION agrees that it will not coerce
or intimidate any employee into joining the UNION. The PARTIES recognize that no employee
is required to join the UNION, but that each employee has the right to choose of their own free
will whether they will or will not join the UNION. The UNION further agrees that there will be
no interference with the free right of any employee of the EMPLOYER to enter and leave its
premises and property unmolested and without harassment.
Section 2. It is the mutual obligation of the PARTIES to ensure that no employee shall
be subject to any discrimination because of race, religion, color, creed, disability, sex, or national
origin.

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 ARTICLE IV.
MANAGEMENT RIGHTS

Except as otherwise specifically provided herein, the management of the EMPLOYER

shall have direction of the workforce, including but not limited to the right to hire, the right to
discipline or discharge for proper cause, the right to decide job qualifications for hiring, the
right to lay-off or abolish positions, the right to make rules and regulations governing the
conduct and safety, the right to determine schedules of work together with the right to determine
the methods, processes, and manner of performing work, the determination of the size of the
workforce, the assignment of work to employees, the right to establish work performance
measurements and standards where no such measurements or standards exist, and to revise these
or existing measurements and standards if required and to implement programs to increase the
cost of effectiveness of organizational operations if research dictates the need for such
programs. The above rights and any such rights not listed but provided for in Chapter 143 of
the Texas Local Government Code are vested exclusively with the EMPLOYER, excluding
those rights which are superseded by this Agreement and state and federal statutes.

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 ARTICLE V.
GENERAL PROVISIONS

Section 1. Parking. The EMPLOYER shall provide, without cost to employees, adequate
parking spaces at all Beaumont Fire-Rescue facilities for employees on duty.
Section 2. UNION POSTINGS.
A. The EMPLOYER agrees to provide space for bulletin boards, which may be used
exclusively by the UNION for the following notices:

1. Notices of UNION meetings.

2. Notices of UNION elections and the results where they pertain to
the EMPLOYER's employees.
3. Notices of UNION recreational and social events.
4. Other notices concerning UNION affairs.
B. It is agreed that all other notices, prior to being posted in Beaumont Fire-Rescue
facilities, shall be submitted to the Fire Chief for approval.
C. It is further agreed that all notices, including those posted by the UNION as
provided for herein and those posted by the EMPLOYER, shall not be mutilated, destroyed, or
defaced by the employees. If same should occur, the employee shall be subject to disciplinary
action.
D. The UNION agrees that in no event shall such notices be politically partisan,
derogatory, or critical of the EMPLOYER, or the EMPLOYER's officers, agents,
supervisors, employees, departments, or subdivisions, nor shall such notices be derogatory
or critical of the services, techniques, or methods of the EMPLOYER.
E. There shall be no other general distribution or posting by employees or the
UNION of pamphlets, advertising political matters, notices, or any kind of literature upon the
EMPLOYER premises other than as herein provided.
Section 3. Copies of Agreement. The EMPLOYER agrees to furnish two (2) executed
copies of this Agreement to the UNION; one (1) hard copy and one (1) electronic copy. Future
requests for this Agreement will be treated as an Open Records Request and subject to
reasonable cost for production as applicable and allowable under the Open Records Act.

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 ARTICLE VI.
UNION BUSINESS

Section 1. A written list of UNION stewards, officers, and representatives shall be

furnished to the Fire Chief five (5) business days after their designation, and the UNION shall
notify the Fire Chief of any changes to the list within five (5) business days of the effected
change. The UNION shall not request time off for more than one (1) steward for each shift.
Individuals not properly identified on the list shall not be approved for time off.
Section 2. The UNION President or his designee shall be granted reasonable time off
during working hours to attend to Union Business, provided that the President or his designee
shall request permission from the Fire Chief or, in his absence, his designee. Such permission
shall not be withheld except in emergencies. Notification is to be made prior to their shift.
Employees are expected to complete the necessary forms and return to work.
Section 3. Off-duty employees shall not reside or loiter on Department premises but will
be allowed to enter the premises for access to their locker, posting bulletins, processing
grievances, delivering notices, or other departmental business, provided their presence does not
interfere with the operation of the Department.
Section 4. No more than three (3) members of the UNION negotiating team shall be
allowed time off for all meetings which are mutually set by the PARTIES and for purposes of
ratification of the labor agreement.
Section 5. Except as otherwise herein provided, Union Business shall be conducted
during the non-duty hours of the members. Employees shall be entitled to receive Union
representation at any meeting that may result in disciplinary action.
Section 6.
A. No more than two (2) UNION officers and/or elected delegates per shift
shall be granted time off to attend UNION or job-related conferences and
seminars without loss of pay. This also includes seminars and/or classes hosted
by the UNION.
B. Except as provided in Subsection A, the UNION will request, in writing, to the Fire
Chief to allow time off for members to attend UNION or job-related seminars, which
permission may be granted or denied by the Fire Chief.

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 ARTICLE VII.
SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS
Section 1. At the completion of an employee's probationary period, continuous service for
the purpose of seniority shall date from the first day of employment for Grade I. Seniority shall be
from the date of promotion in all other grades.

Section 2. Lateral transfers within the Department will be made by the Fire Chief based
on seniority unless there are overriding merit considerations. The EMPLOYER shall post and
maintain a list of vacated positions for a period of at least ten (10) days. Vacated positions may
be temporarily filled as outlined in Article XXIII Temporary Duties in a Higher Classification
of this Agreement. Applications for vacated positions shall be submitted in writing to the Fire
Chief.
Section 3. The Assistant Chief will be appointed by the Fire Chief. Grade IV (4) and
above, currently serving the organization, are eligible for such appointment. The Assistant
Chief shall be entitled to all contract benefits as outlined herein.

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 ARTICLE VIII.
NO STRIKE - NO LOCKOUT

Section 1. The UNION agrees that during the term of this Agreement, it will not
authorize, ratify, encourage, or otherwise support any strikes, slow-downs, picketing on the
EMPLOYER's premises, or any other form of work stoppage or interference with the
business of the EMPLOYER, and will cooperate with the EMPLOYER in preventing and/or
halting any such action. The EMPLOYER agrees that it will not authorize, ratify, encourage,
or otherwise support any lockout during the term of this Agreement.
Section 2. The EMPLOYER shall have the right to impose penalties in accordance with
Texas Local Government Code, Section 174.205, for violation of Article VIII, Section 1, above.

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 ARTICLE IX
MAINTENANCE OF STANDARDS

Section 1. Nothing contained in this Agreement shall be construed as repealing any

lawfully recognized benefit provided through the Department for employees of the Department,
and no employee shall inadvertently suffer any loss of wages, hours, or working conditions by
reason of the signing of this Agreement.
Section 2. All terms and conditions which are of benefit to employees now in effect,
which are not specifically provided for in this Agreement or which have not been replaced
by provisions of this Agreement, shall remain in effect for the duration of this Agreement,
unless mutually agreed otherwise between the PARTIES.

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 ARTICLE X.
DEPARTMENT COMMITTEES

Section 1. Intent.
It is the intent of the PARTIES to maintain the highest standards of safety and health in
the Fire Department, and to eliminate, as much as possible, accidents, injuries, illness, and death
in the fire service.
Section 2. Health and Safety Committee.
A. There shall be established a joint UNION-EMPLOYER Health and Safety
Committee, consisting of an equal number of the UNION and the EMPLOYER representatives,
of not less than two (2) nor more than four (4) each.
B. The joint Committee shall meet on the second Tuesday of each month or more
often as mutually agreed for the purpose of jointly considering, inspecting, investigating, and
reviewing health and safety conditions and practices, and investigating accidents, and for the
purpose of effectively making constructive recommendations with respect thereto.
C. All matters considered and handled by the Committee shall be reduced to writing.
Minutes of all Committee meetings shall be made and maintained. A copy of all such reports or
minutes shall be posted by the EMPLOYER at all Beaumont Fire-Rescue facilities and affiliated
worksites for at least thirty (30) days. The UNION shall be provided a copy of all reports and
minutes electronically unless otherwise requested.\
D. Time spent in Committee meetings by the UNION representatives, on duty,
including walk-around time during joint inspections and investigations, shall be considered and
compensated for as regularly assigned work. Members shall not be permitted to request off or
change their schedule to attend meetings to obtain a higher rate of pay.
E. The joint Committee shall have the power to recommend safety improvements
to the Fire Chief, including target dates, when appropriate. In the event the Committee
recommendations are not affected by the target dates agreed upon, the Committee has the
prerogative to refer its recommendation(s) to the City Manager.
Section 3. Physical Exam.
The EMPLOYER agrees to provide each employee with a physical exam once each year
and to forward the results to the employee upon request of the employee.

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 Section 4. Random Drug Screening.
All employees under this Agreement shall be subject to the EMPLOYER’s Random
Drug Testing Policy as adopted and attached as Appendix B.
Section 5. Operational Guidelines Committee
A. The PARTIES shall each select three (3) members to serve on the Operational
Guidelines Committee.
B. The Assistant Chief or his designee shall serve as the Committee Chair and not be
included as a Fire Chief appointed member.
C. The Committee shall meet as regularly as necessary to review and discuss new
policies and policy changes and provide feedback to the Fire Chief.
D. All amended policies will be presented to the Fire Chief and the UNION for review
and collaboration for final adjustments.
E. The Fire Chief shall have final approval over all policies. Recommendations not
accepted by the Fire Chief shall not be subject to grievances unless they violate a
stated benefit defined in this Agreement.
F. Members shall be permitted to attend meetings while on-duty. The PARTIES shall
provide each other a list of members appointed to the operational guidelines
committee; including up to three (3) alternates. Any changes to the appointment list
shall be submitted to the opposite party in writing no later than one (1) week prior
to the meeting. Members shall not be permitted to request off or change their
schedule to attend meetings to obtain a higher rate of pay.

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 ARTICLE XI.
SICK LEAVE

Section 1. The accumulation and payment of sick leave shall be in accordance with
Section 143.045 of the Local Government Code, with the addition that sick leave may be used for
any bona fide illness of an employee's immediate family living in the same household.
Section 2. Family and Medical Leave Act. The Family and Medical Leave policy set out
in the City of Beaumont Policies and Procedures Manual shall apply to the employees in the
Department.

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 ARTICLE XII.
BEREAVEMENT LEAVE

In the event of a death in the immediate family of an employee, the employee shall be
granted up to four (4) days (2 shifts) off with pay. The immediate family shall be defined as
spouse, children, stepchildren, mother, stepmother, father, stepfather, grandparents,
grandchildren, brother, stepbrother, sister, stepsister of the employee, or the employee's spouse.

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 ARTICLE XIII.
VACATIONS AND HOLIDAYS
Section 1. Holidays.
A. The following holidays will be recognized:

New Year's Day

Good Friday

Easter Sunday

Memorial Day

Independence Day

Labor Day

Veterans Day

Thanksgiving Day

Friday after Thanksgiving

Christmas Day

Martin Luther King, Jr. Day

Juneteenth

B. Employees required to work on a holiday will be paid one and one-half the basic
rate of pay for hours actually worked on the holiday. Employees required to work on a holiday,
or employees whose day off falls on a holiday, shall have one (1) day for each such holiday added
to their annual vacation.
Section 2. Vacations. Employees shall earn one and one-quarter (1.25) vacation days for
each month worked during the given year. All vacation time earned in a calendar year must be
taken in the following calendar year. The City Manager, with a recommendation from the Fire
Chief, may approve vacation to be carried over from one year to the next. Under no
circumstances will vacation be carried over for more than one (1) year. The decision of the City
Manager to approve carry-over time or to authorize payment for that time is final and may not

15
be appealed. Employees with 15 to 23 years of service will receive an extra two (2) days for a
total of seventeen (17) days of vacation per year. Employees with twenty-four (24) years or
more of service will receive a total of twenty-one (21) days of vacation per year.
A. For the purposes of this section, one (1) shift equals two (2) days for employees
of the bargaining unit working a 24-hour shift.
B. The EMPLOYER will develop an annual vacation schedule of seventeen (17)
cycles. The EMPLOYER shall determine the number of employees in each grade on each shift
who may schedule vacations in any one cycle. Based on seniority in grade, each employee
shall choose one vacation cycle. After each employee has selected one cycle, each employee
shall choose a second vacation cycle. If manpower permits, an employee may take vacation
with the approval of the Deputy Chief.
C. Employees shall take a minimum of one half-shift of vacation at the beginning
or end of their shift.
Section 3. Personal Leave Days. Employees with ten (10) years of service shall receive one
(1) personal leave day per calendar year. Employees with twenty (20) years of service shall receive
two (2) personal leave days per calendar year. Personal leave days may be scheduled in conjunction
with vacation days.

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 ARTICLE XIV.
PAYROLL DEDUCTION OF DUES

The EMPLOYER agrees to deduct, once each month, dues and assessments, in an
amount certified to be current by the Treasurer of the UNION, from the pay of those employees
who individually request, in writing, that such deductions be made. The total amount of
deductions shall be remitted, each month, together with the names of the employees for whom
dues have been collected, by the EMPLOYER to the Treasurer of the UNION. This
authorization shall remain in full force and effect during the term of this Agreement. The
EMPLOYER shall forward to the UNION a copy of all authorizations or cancellations of
voluntary deduction of UNION dues by employees in the bargaining unit.

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 ARTICLE XV.
PENSION

The PARTIES agree that Pension contributions shall not be subject to contract
negotiations.

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 ARTICLE XVI.
BASIC RATE OF PAY

"Basic rate of pay," for the purposes of computing overtime pay (including callback
pay), for employees assigned to a forty (40) hour work week, equals annual base wages
divided by 2,080 hours. "Basic Rate of Pay," for purposes of computing overtime pay
(including call back pay) for Operational Personnel, equals annual base wages divided by
2,496 hours. Overtime shall be paid at the rate of one and one-half (1.5) times each employee's
"basic rate of pay" for overtime purposes. Overtime shall be paid in compliance with the
Federal Fair Labor Standards Act.

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 ARTICLE XVII.
ADDITIONAL PAY

Certification Pay
Section 1. Any employee who holds or earns an Intermediate, Advanced, or Master
Certificate as recognized by Texas Commission on Fire Protection (TCFP) and/or Texas
Commission Law Enforcement (TCOLE) shall receive payments of sixty dollars ($60.00), one
hundred dollars ($100.00), or one hundred fifty dollars ($150.00) per month; respectively. An
employee will only be paid for the highest level of the above certificates; only employees
assigned to the Community Risk Reduction Division will be eligible for TCOLE Certification
Pay.
Section 2. Texas Department of State Health Services (TDSHS) certified EMT,
Advanced-EMT, and Paramedics who are also credentialed by the EMPLOYER’s Medical
Director as EMT (E2), Advanced-EMT (E3), Paramedic (P1-3) will receive one hundred fifty
dollars ($150.00) per month, two hundred twenty-five dollars ($225.00) per month, and four
hundred-fifty dollars ($450.00) per month; respectively. Employees will only be paid for their
highest credentialed level.
Section 3. Any employee enrolled in Paramedic Certification Training paid for by the
EMPLOYER shall sign the Request for Educational Reimbursement1, attached as Appendix D.
Education Pay
Section 1. Any employee who earns an Associate Degree in Fire Technology shall receive
one payment of five hundred dollars ($500.00) as an educational incentive.
Section 2. Any employee who holds a Bachelor's Degree or Master's Degree shall
receive two hundred dollars ($200.00) or two hundred fifty dollars ($250.00); respectively per
month. Employees shall be paid for the highest degree only and will receive either
EDUCATION PAY or CERTIFICATION PAY, whichever is higher.
Section 3. Any employee who is sponsored by the EMPLOYER to attend the EMT,
Paramedic, or Fire Academy course shall agree to continuing employment with the
EMPLOYER for two (2) years from the date of certification and sign a Request for Educational
Reimbursement.

1
As revised for Beaumont Fire & Rescue.

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 A. In the event there is a severance of service prior to the end of the two-year
period, the employee shall agree to reimburse the EMPLOYER for the cost of the training,
including registration fees, textbooks, uniforms, ID Badge, and any additional fees associated
with the training that are billed by the institution.
B. The employee expressly authorizes the EMPLOYER to deduct the
reimbursement amount owed from their final paycheck at termination of employment. Any
additional outstanding balance owed will be due to the EMPLOYER within ten (10) business
days.
C. The employee will be allotted six (6) months to successfully complete the
necessary testing for certification after the completion of the training program. The
EMPLOYER will pay for all costs associated with the training, for the first three (3) attempts
to pass the National Registry.
Incentive Pay
Section 1. All team members of any Beaumont Fire-Rescue Services Special Operations
Response Team shall receive sixty dollars ($60.00) per month as Incentive Pay for each
respective team membership. The number of members per team shall be designated by the Fire
Chief and approved by the City Manager. The Fire Chief shall have the right to eliminate or
create teams with the City Manager’s approval.

Section 2. An employee will receive a maximum of fifty dollars ($50.00) per month after
proving proficiency in one of the following languages: Spanish, Vietnamese, or American Sign
Language.
A. Employees must pass proficiency certification and recertify every two (2)
years in order to continue receiving the incentive.
B. 15 maximum employees for Spanish.
C. 5 maximum employees for Vietnamese.
D. 5 maximum employees for American Sign Language.

Section 3. Special Operation Team Dives. All certified divers from the time called out
until released, shall be paid double-time (twice their base hourly rate). Such double-time pay
shall exclude other overtime pay that might otherwise be applicable.

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 ARTICLE XVIII.
CLOTHING AND CLOTHING MAINTENANCE ALLOWANCE

All employees shall receive a clothing allotment annually of regulation uniforms. All
employees shall receive a clothing and clothing maintenance allowance of thirty-five dollars
($35.00) per month.

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 ARTICLE XIX.
MILEAGE ALLOWANCE

Section 1. When no alternative is available, the Department shall transport all employees who
are transferred between fire stations on a temporary basis. This provision does not apply to
employees who are notified of changes prior to reporting for duty.
Section 2. Car allowances shall be in accordance with the prevailing City rate for civilian
employees.

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 ARTICLE XX.
HOURS AND OVERTIME PAY
Section 1.
A. Operations Personnel shall work shifts of twenty-four (24) hours on duty
followed by forty-eight (48) hours off duty. Each employee working such shifts shall receive one
(1) twenty-four (24) hour shift off during each three (3) weeks.
1. All employees assigned to 40-hour work weeks (consisting of five (5)
eight (8) hour days or four (4) ten (10) hour days shall receive assignment pay in addition
to any other compensation to which they may be entitled at the rate of $250.00 per month.

Section 2.
A. Communication Division employees shall work twelve (12) hour shifts,
alternating between night and day shifts. Day shifts will be from 7:00 o'clock am. to 7:00 o'clock
p.m. Dispatchers will average forty-two (42) hours per week. For vacation and sick leave purposes,
one (1) twelve (12) hour shift will equal one (1) day. Vacations will be picked in three (3) or four
(4) day blocks, subject to the availability of relief personnel.
B. The Chief of Communications and the Assistant Communications Officer will work
four (4) ten (10) hour shifts from 7:00 o'clock am. to 5:00 o'clock p.m.
1. Employees who have previously worked in the Communication Division
and maintain their emergency medical dispatch (“EMD”) credentials shall be eligible for
overtime assignments in the Communication Division.
2. The Fire Chief or his designee shall have final authority over the
assignment schedule.
Section 3. Unless it creates a lesser benefit, the EMPLOYER shall apply the civilian
evacuation/disaster policy to fire fighters if the Mayor declares a mandatory evacuation.

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 ARTICLE XXI.
CALLBACK PAY

All employees covered by the terms of this Agreement who are called back to work from
off-duty shall be guaranteed the right to work at least two (2) hours minimum at one and one-half
(1.5) times the regular rate of pay.

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 ARTICLE XXII.
INDUSTRIAL FIRES

Section 1. Industrial Fires. All employees responding to fire suppression calls (and
engaging in fire suppression activities) to industrial plants or storage facilities containing
hazardous materials outside the city limits (whether on duty or callback) shall be paid double
time (twice their base hourly rate). Such double-time pay shall exclude any other overtime pay
that might otherwise be applicable.

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 ARTICLE XXIII.
TEMPORARY DUTIES IN HIGHER CLASSIFICATION

Section 1. Where an employee is absent, thus creating a vacancy, for three (3) or more
hours, all temporary duties in a higher classification necessitated by the vacancy are automatic.
By way of example, if a Grade 3 is absent for a shift, the Grade 2 at the same station is promoted
for the entire shift, and one (1) Grade 1 at the station is promoted to Grade 2. Double upgrades
shall not be permitted in Operations without the approval of the Fire Chief or his designee.
Section 2. Temporary duties in a higher classification do not automatically occur to fill a
vacancy created by an employee’s absence of less than three (3) hours. However, temporary
duties in a higher classification are automatic for persons assigned to a unit that is called to
respond to an incident during the period an employee is absent.
Section 3. An employee who performs the duties of the next higher classification due to
a vacancy caused by another employee’s absence is entitled to the base salary of the higher
position, together with the employee’s own longevity or seniority pay, education, incentive, and
certification pay during the time the employee performs the duties of the higher position.
Section 4. An employee who is temporarily assigned duties in a higher class due to the
absence of another employee is expected to perform the duties of the higher position during the
entire time of the temporary assignment duties in a higher classification.
Section 5. Upgrades shall be mandatory and cannot be turned down, unless requested in
writing. Members who do not want to receive upgrades shall provide written notice to all
Operational Chiefs and the Fire Chief or his designee at least 24-hours prior to the start of their
regularly scheduled shift and shall remain in effect until rescinded in writing to all Operational
Chiefs and the Fire Chief or his designee. Any request shall become effective on their next
regularly scheduled shift.
Section 6. After 10 a.m. or whenever the schedule is entered into the Department’s
scheduling software or communicated through other official means, whichever is later, that impact
schedule changes or assignment of temporary duties in a higher classification shall be made in
accordance with the efficiency of operations within the Department at the discretion of the Deputy
Chief. Employees shall have two (2) hours from the posting of the schedule or official notification
to notify the Deputy Chief for an adjustment to be made.

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 ARTICLE XXIV.
ENTRY-LEVEL HIRING PROCEDURES

The UNION agrees that the EMPLOYER shall have the right to establish entry-level
selection procedures for Grade I fire fighters. Modifications to existing entry-level selection
procedures shall be brought to the attention of the UNION ten (10) days prior to
implementation. In establishing entry-level selection procedures for Grade I fire fighters, the
EMPLOYER shall not be bound by or subject to the entry-level hiring procedures set forth in
Chapter 143, Local Government Code. However, the EMPLOYER agrees to indemnify, defend,
and hold harmless the UNION, to the maximum extent allowed by law, in any litigation filed
against the EMPLOYER and/or the UNION concerning entry-level selection procedures
implemented by the EMPLOYER under the authority of this Section.

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 ARTICLE XXV.
STANDBY PAY

When an arson investigator(s) and/or Emergency Management representative(s) are

officially designated to standby duty, the employee shall receive one (1) hour of pay at straight
time for every eight (8) hours of standby or any fraction thereof, plus any overtime pay (at
normal overtime rates) when called out.

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 ARTICLE XXVI.
WAGES

Section 1. Upon execution of this Agreement, the EMPLOYER will provide for the
base wages as attached in APPENDIX C.
Section 2. If the EMPLOYER’s number of fire fighters certified by the Texas Commission of
Fire Protection, as established by ordinance, reaches 300 to 600, and the staffing level reaches 92%
of those certified fire fighter positions, the Fire Chief shall have the right to appoint a second
Assistant Chief.

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 ARTICLE XXVII.
INSURANCE

Section 1. Life Insurance. The EMPLOYER shall provide all employees with life
insurance and accidental death and dismemberment coverage in an amount equal to one (1)
time an employee's annual base wage, up to a maximum of $50,000.
Section 2. Medical. Dental and Prescription Drug Plans.
A. The EMPLOYER will provide the same medical, dental, and prescription
drug plans to all fire fighters under the same terms and conditions as civilian employees.
Contributions to the plans by fire fighters shall be monthly premiums paid in the same amounts
and under the same terms and conditions as civilian employees.
B. The EMPLOYER may increase the monthly premium rates (medical or dental)
for fire fighters by the same percentage increase of the monthly premium rates of civilian
employees in a plan year, not to exceed twelve and one-half percent (12.5%) per plan year.

Section 3. Retiree Medical Insurance Program. During the term of this Agreement, the
EMPLOYER will provide medical coverage for employees retiring or becoming disabled and
their dependents after April 1, 1984, subject to the provisions of Sections 3.C. through 3.H.
hereof, inclusive.
A. EMPLOYER is authorized to receive from each retiree, as a condition of
receiving retiree medical coverage, a signed statement acknowledging that both the contribution
rates (premium) and hospital/medical coverages of the retiree insurance may change in the
future.
B. Retired or disabled employees may participate in the program only if they are
eligible for retirement or disability benefits under the Fireman's Relief and Retirement Fund of
Beaumont, Texas. Only those individuals who are considered eligible dependents of the
disabled/retired employees at the time of retirement shall be eligible for continued medical
coverage. The disabled/retired employee shall not add/change (except drop) a dependent while
covered under this medical plan.
C. Any employee who retires or becomes disabled and has a spouse who is
employed with the EMPLOYER may become a dependent of the spouse, along with other
eligible dependents under the EMPLOYER's group medical plan. However, the retired or
disabled fire fighter shall make an application at least thirty-one (31) days prior to the spouse's

31
termination date to the EMPLOYER to institute their eligibility for retiree coverage. The
spouse and eligible dependents will be allowed to become dependents of the retiree in
accordance with the provisions of this amendment.
D. Upon retirement, the retiree will be required to complete and sign a "Delayed
Participation in Retiree Medical Coverage" Form. If an employee's contribution rate status as
set out in 3.G. hereof, changes, the new rate will be put into effect on the first day of the month
following the month in which the contribution rate status changed.
E. Coverage provided shall be the same as that provided to employees. However, if
the PARTIES, retirees, disabled fire fighters, and their dependents agree, alternative medical
insurance programs at different rates and at different levels of coverage may be provided.
F. Retired and disabled individuals and their dependents participating in the plan
created herein are required, on or before age 65, if eligible, to enroll for both Part A, Hospital
Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government
Medicare Program. Upon qualification for the Medicare Program, the individual will be
excluded from the program established herein. Failure to become a subscriber as required
herein will result in the individual’s immediate exclusion from the program established
herein. If an individual is not eligible for Medicare, the individual may continue coverage
under this medical plan. Eligible dependent children may continue coverage under this
medical plan after their parents are no longer eligible in accordance with the definition of
"dependent' as listed in the summary plan document.
G. An individual who would otherwise be required to leave the program herein
established as provided by 3.F. above may remain in the program if supplemental Medicare
insurance without proof of insurability is not available at that time. Such individuals must,
however, leave the program when such supplemental Medicare insurance for which they are
qualified is available. The EMPLOYER will make its best efforts to obtain and provide
information to retirees concerning the availability of such supplemental insurance. The cost of
any such supplemental insurance will be paid for by the employee.

32
 H. The employee's monthly contribution rate for medical insurance will be as
follows:

Single Rate ---- $150

Single + 1 Dependent ---- $200
Family ---- $250

Those individuals who retired between the dates of April 1, 1984, and January 31, 1992, shall
pay the rates listed above and shall have no increase in contributions until such time as they leave
the plan.
I. Those who retired on or after February 1, 1992, may be subject to an annual
increase in contribution. The increase will be effective in accordance with the labor agreement.
The single rate will be established at 69% of the COBRA rate on January 1st annually. The single
+1 dependent rate will be established at 58% of the COBRA rate, and the family rate will be
established at 54% of the COBRA rate. Subject to paragraph 3.G. hereof, eligible spouses and
dependents may remain on the plan at the above-established rates.
Section 4. Retirement Health Savings Plan. Fire fighters shall be offered the ICMA's
Retirement Health Savings Plan as offered to civilian employees.

33
 ARTICLE XXVIII.
GRIEVANCE PROCEDURE

Section 1. The purpose of this grievance procedure is to establish effective machinery

for the fair, expeditious, and orderly adjustment of grievances. A grievance is defined as any
dispute, claim, or complaint involving the interpretation, application, or alleged violation of any
provision of this Agreement, or the discipline, discharge, or demotion for disciplinary purposes
of any employee represented by the UNION.
A. An employee who has a grievance concerning disciplinary action, as defined
in Section 1 of this Article may choose to file his appeal/grievance through either the contract
grievance procedure or through the provisions of TLGC 143 (Civil Service), but not both.
B. Grievances may be filed by the UNION, the EMPLOYER, or any employee.
The EMPLOYER agrees to allow the UNION’s Grievance Committee access to a suitable
location for Grievance Committee meetings.
Section 2.
A. Any aggrieved employee shall file a written report giving the nature and
details of the incident that led to his grievance with the UNION's Grievance Committee. The
report must be submitted within fifteen (15) calendar days of the date upon which the member
knew of or should have known of the occurrence, or occurrences if the grievance alleges a pattern
or practice of the EMPLOYER in violation of this Agreement, giving rise to the grievance.
B. A grievance not brought to the attention of the UNION’s Grievance Committee
within the time limit described shall not be considered timely and shall be void.
C. The time limitations described in Sections 2 and 3 herein are of the essence of this
Agreement but may be waived by mutual agreement in writing by the aggrieved (whether an
employee or the UNION) and the City Manager or the Fire Chief.
D. Any aggrieved employee shall submit his grievance within the time limitations
specified above to the UNION's Grievance Committee. Within fifteen (15) calendar days of
receipt of the grievance, the Committee shall determine if a valid grievance exists. If, in the
opinion of the Committee, no grievance exists, the Committee shall notify the aggrieved
employee and no further action shall be taken.
E. If the grievance has not been resolved within fifteen (15) calendar days after
the expiration of the fifteen (15) calendar day period provided for the UNION’s Grievance

34
 Committee to make a decision, the Committee or its representative shall, with or without the
physical presence of the aggrieved employee, present the grievance in writing to the office
of the Fire Chief for resolution, provided that written notice of grievances shall suffice in
the case of individual disciplinary grievances.
F. If within fifteen (15) calendar days, after the grievance has been received by the
Fire Chief, it has not been settled, the Committee or its representative shall have fifteen (15)
calendar days to submit it to the office of the City Manager for resolution, provided that written
notice of the grievance shall suffice in the case of individual disciplinary grievances.
G. If within fifteen (15) calendar days after receipt by the City Manager, the
grievance has not been settled, the Committee or its representative shall have fifteen (15) days
in which to make a written request to the office of the City Manager that the grievance be
submitted to arbitration.
Section 3. Grievances submitted by the UNION shall be submitted to the Fire Chief in
writing within fifteen (15) calendar days from the date upon which the UNION knew or should
have known of the occurrence or occurrences giving rise to the grievance.
A. If, within fifteen (15) calendar days after receipt of the grievance by the Fire Chief,
the grievance has not been settled, the Committee or its representative shall submit it to the City
Manager for resolution.
B. If, within fifteen (15) calendar days after receipt of the grievance by the City
Manager, the grievance has not been settled, the Committee or its representative shall have fifteen
(15) calendar days in which to make a written request to the City Manager that the grievance be
submitted to arbitration.
Section 4. Employer Grievances.
A. If the EMPLOYER is aggrieved, it shall file a written report giving the nature and
details of the grievance to the UNION's Grievance Committee. The report shall be submitted
within fifteen (15) calendar days of the date upon which the EMPLOYER knew or should have
known of the occurrence or occurrences giving rise to the grievance.
B. If the grievance has not been resolved within fifteen (15) calendar days after
presentation to the UNION's Grievance Committee, the EMPLOYER shall have fifteen (15)
additional calendar days within which to make a written request to the UNION's Grievance

35
Committee that the grievance be submitted to arbitration. Unless the grievance is resolved, it
shall be submitted to arbitration in accordance with Section 5 hereof.
Section 5. Arbitration.
A. In the event the PARTIES cannot agree upon an arbitrator, either PARTY may
request the Federal Mediation and Conciliation Service or the American Arbitration
Association (herein after referenced as the “Service”) to provide a list of arbitrators in
accordance with its selection rules. Either PARTY shall have the right to reject the list
submitted by the Service. In that event, the Service will be requested to submit another list,
and PARTIES shall, within fifteen (15) calendar days, select an arbitrator from the list. The
arbitrator shall render his decision within thirty (30) days from the conclusion of the hearing.
B. The powers of the arbitrator shall be limited as follows:
1. He shall have no power to add to, subtract from, or modify any of the terms
of this Agreement.
2. He shall deal only with the grievance or grievances that occasioned his
appointment.
C. The decision of the arbitrator, if within the scope of his authority, shall be final
and binding upon the PARTIES.
D. Costs and expenses for the services of the arbitrator shall be shared equally by
the PARTIES. Either PARTY desiring a transcript of the arbitration hearing shall be responsible
for the cost of such transcript.

36
 ARTICLE XXIX.
COMPLETE AGREEMENT CLAUSE

Section 1.
A. The PARTIES hereto acknowledge that during negotiations which resulted in this
Agreement, each had unlimited right and opportunity to make proposals with respect to all
proper subjects of collective bargaining and that all such subjects have been discussed and
negotiated upon, and the agreements herein contained were arrived at after free exercise of such
rights and opportunities; therefore, the PARTIES, for the term of this Agreement, each
voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter not specifically referred
to or covered in this Agreement, even though such subject or matter may not have been within
the knowledge or contemplation of either or both of the PARTIES at the time they negotiated
or signed this Agreement.
B. It is specifically provided that there shall be no further negotiations except by
mutual agreement of any subjects above mentioned.
C. The PARTIES agree that the UNION, by first signing of this Agreement, does not
agree or admit that the EMPLOYER's ability to pay is an appropriate factor to be considered in
negotiations, arbitration, or litigation to determine compensation and other terms and conditions
of employment of members of the bargaining unit. The PARTIES further agree that the UNION,
by its signing of this Agreement, does not agree or admit that the compensation and other terms
and conditions of employment provided herein are in compliance with the requirements of Section
174.021, Local Government Code.
Section 2. The PARTIES agree that this Agreement is intended to cover all matters
affecting wages, hours, and other terms and conditions of employment and similar or related
subjects. During the term of this Agreement, the neither the EMPLOYER nor the UNION
will be required to negotiate on any matters affecting these or other subjects not specifically
set forth in this Agreement.
Section 3. All modifications of this Agreement must be made in writing and signed by
the PARTIES before such modifications shall become effective.

37
 Section 4. If any article or section of this Agreement or any provision should be held
invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with
or enforcement of any article or section should be restrained by such tribunal pending final
determination as to its validity, the remainder of this Agreement shall remain in full force and
effect and shall not be affected thereby.
Section 5. This Agreement shall be binding on the PARTIES hereto and their successors
and assigns.

38
 ARTICLE XXX.
NEGOTIATIONS TO COMMENCE

Section 1."Collective bargaining," as that term is used in Local Government Code, Chapter
174, shall be deemed to have commenced on the earlier of July 1 or the date the PARTIES first
meet formally for the purpose of negotiation.
Section 2. The UNION shall provide formal notice in the form of a certified letter in full
compliance with Chapter 174 to the City Manager.

39
 ARTICLE XXXI.
DURATION OF AGREEMENT

This Agreement shall be effective upon signing and shall remain in full force and effect
until the 30th day of September 2027. This Agreement shall continue in effect after September
30, 2027, until superseded by a new agreement; provided that, unless agreed to in writing by
the PARTIES, this Agreement shall not continue in effect after September 30, 2028.
The EMPLOYER presently intends to continue this Agreement each fiscal year through
the end of its term, to pay all payments due, and to fully and promptly perform all of the
obligations of the EMPLOYER under this Agreement. All obligations of the EMPLOYER shall
be paid only out of current revenues or any other funds, lawfully available therefor and
appropriated for such purpose by the City Council, in compliance with the Texas Constitution,
Article XI, Sections 5 and 7.

40
CITY OF BEAUMONT

By: __________________________________

Date: _________________________________

ATTEST:

________________________________

INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 399

By: ___________________________________

Date: __________________________________

ATTEST:

____________________________________

41
 APPENDIX “A”- DEFINITIONS OF TERMS

For purposes of this Agreement, the plain American English language definition of terms shall
apply, except as specifically defined below:

Agreement - refers to this Collective Bargaining Agreement negotiated between the CITY OF
BEAUMONT, TEXAS, and the BEAUMONT FIRE ASSOCIATION, LOCAL 399.

Bargaining Agent - refers to a duly recognized ASSOCIATION that serves as the exclusive
bargaining agent for the CITY OF BEAUMONT Fire Fighters under Chapter 174, TLGC.

Budget (Fiscal) Year- refers to a city’s fiscal year commencing on October 1 and ending on
September 30 of the subsequent year.

Business Days – shall be defined as Monday through Friday during normal business hours of 8:00
8:00 a.m. to 5:00 p.m., excluding official holidays.

CBA - refers to a Collective Bargaining Agreement.

Chapter 143 - refers to the provisions of Chapter 143, Texas Local Government Code in effect at
any given time, unless otherwise specified.

Chapter 174 - refers to the provisions of Chapter 174, Texas Local Government Code in effect at
any given time, unless otherwise specified.

Civil Service Commission or CSC – refers to the duly appointed body appointed under the
provisions of Chapter 143, TLGC.

City - refers to the home rule municipality organized under the laws of the State of Texas, known
as the CITY OF BEAUMONT, TEXAS.

City Manager - refers to the City Manager appointed under the City Charter or a designated
representative.

Committee Chair – The Assistant Chief or his designee, who shall be responsible for keeping the meeting
minutes and performing administrative duties, as necessary, but who shall not participate
in voting for purposes of referring recommendations to the City Manager.

Communications Personnel – a fire fighter assigned to twelve (12) hour shifts, alternating between
night and day shifts. In addition, the Chief of Communications and the Assistant
Communications Officer working four (4) ten (10) hour day shifts.

42
Day Personnel – a fire fighter assigned a shift consisting of five (5) eight (8) hour days or four (4)
ten (10) hour days.

Department - unless otherwise specified, refers to the CITY OF BEAUMONT Fire Department.

Execution Date – refers to the date on which this Agreement is fully and formally considered,
ratified and approved by both the ASSOCIATION and the CITY OF BEAUMONT in
accordance with the respective procedures for such approval; the Execution Date of this
Agreement is not necessarily the same as the Effective Date of the Agreement, which is
defined separately.

Effective Date - refers to the date on which the terms and conditions of this Agreement are formally
adopted and approved by both the ASSOCIATION and the CITY OF BEAUMONT,
TEXAS.

Fire Chief - refers to the Fire Chief appointed as the department head for the Fire Department.

FLSA - refers to the Fair Labor Standards Act, as amended.

FMLA - refers to the Family Medical Leave Act, as amended.

Grievance - for purposes of this Labor Agreement, is defined as any dispute, claim, or complaint
involving the interpretation, application, or alleged violation of a provision or provisions of
this Labor Agreement, as raised by the Grievance procedures in this Agreement.

Labor Agreement - is this Collective Bargaining Agreement negotiated between the CITY and
Local 399.

Management Rights – the right to manage the Beaumont Fire Department that are vested
exclusively in the City, subject only to applicable State and Federal laws and the terms of
this Agreement.

Operations Personnel – a fire fighter assigned a 24/48 shift schedule. A 24-hour shift shall be two
(2) twelve-hour days.

Overtime Pay – shall refer to overtime pay established and determined by reference to state or
federal law, and as established by CITY policy and practice.

Parties – refers to the CITY OF BEAUMONT and the ASSOCIATION jointly.

Probationary Fire fighter – means a fire fighter who is serving his or her one-year probationary period
pursuant to TLGC 143.027.

43
Shift – Assigned work schedule. See Communications Personnel, Day Personnel, and Fire
Suppression (Operations).

Union Business – Investigating and processing grievances, attending civil service meetings,
arbitrations, or court hearings related to grievances, and representing members of the
bargaining unit in disciplinary actions. This shall not prohibit a Union Steward from
representing a member of the bargaining unit in a disciplinary action while the Union
Steward is on duty.

Work Cycle – refers to the period of time that the employer uses to determine scheduling and any
FLSA overtime obligations imposed by law.

-END-

44
 Appendix “B” - Random Drug Testing Policy

Section 1. General

Section 1a. It is agreed that efficiency and safety in the workplace are necessary and
required in order to carry out the mission of the Department. The PARTIES
support the proper and responsible implementation of this Appendix in the
interests of public safety and the safety of fire fighters.
Section 1b. Therefore, it is understood that the use of alcohol, drugs, or other controlled
substances, including improper use of legally prescribed drugs, by
employees while on duty or in the workplace is detrimental to the operation
of the Department and is clearly prohibited by this Agreement and the rules
and regulations of the Department.
Section 1c. The PARTIES have a mutual interest in ensuring that drug and alcohol
impaired employees do not perform Department duties. The PARTIES are
committed to the principle that the mandatory drug and alcohol testing
policy for employees is designed and shall be administered to result in
disciplinary action only against those employees who have violated the
Department’s rules, regulations, policies, and procedures.
Section 1d. The PARTIES agree that employees may be called upon in hazardous
situations without warning, and that it is imperative to the interest of the
employees and the public to ensure that no employee is substance-impaired.
In order to further their joint interest in protecting employees and the public,
effective one (1) year after the ratification of this Agreement, the PARTIES
agree to mandatory random drug and alcohol testing as described herein.
Section 1e. Testing conducted under this policy shall be by urinalysis for drug tests and
by appropriate evidence breath testing device protocols for alcohol.
Section 1f. All samples will be collected as split samples and will be handled in
accordance with the standards in 49CFR part 40 as amended, as outlined in
the Drug and Alcohol Testing Procedures.
Section 1g. The EMPLOYER has developed a Department and Alcohol Policy with
procedures and protocols, which follow the requirements of
SAMHSA/CAP FUDT. The Department and Alcohol Testing Policy
currently in effect will remain unchanged during the life of this Agreement,
except as modified herein, or if changes are necessary to comply with
developments in the law or modifications of the Medical Review Officer
Manual. The PARTIES agree that the current Department policy contains
additional procedural and substantive requirements, and further agree that

45
 the EMPLOYER is entitled to continue the implementation of drug testing
under the provisions of this Appendix and policy.
Section 1h. The section of the Department Drug and Alcohol Policy dealing with
mandatory drug testing and the consequences thereof is subject to
amendment by the Department only as the Department determines is
necessary to follow the requirements of SAMHSA/CAP FUDT.

Section 2. Random Testing.

Section 2a. All sworn employees of the Beaumont Fire Rescue, including the Fire
Chief, are subject to random drug and alcohol testing. Between 10 and 50
percent of the authorized staffing levels identified each fiscal year shall be
subject to mandatory drug and alcohol testing during that fiscal year. The
employees shall be chosen on a fair and impartial statistical basis (in which
each employee has an equal chance of being selected) by a computerized
program operated and certified as non-discriminatory by an independent
firm hired by the EMPLOYER. This creates the possibility that the same
name(s) could be selected once or more in a year, or not at all. The
EMPLOYER will also contract a qualified vendor to conduct the testing.
This testing will entail 10-panel testing and breath alcohol concentration
testing. A violation will occur when an employee has a confirmed positive
drug test or a confirmed breath alcohol test level of .04 or greater.
Section 2b. Drug testing will be unannounced and will occur at unpredictable times,
with employees being tested upon randomized computer selection. All
testing shall be conducted during the employee’s normal working hours. If
an employee is selected during a period where that employee is not on duty,
a Human Resources representative shall ensure that the employee is notified
immediately upon returning to duty to report for testing. The timing and
number of the random tests shall be controlled by a Human Resources
representative in order to ensure that the proper percentage of the
Department is tested. The integrity and security of the list shall be ensured
by the Human Resources representative.
Section 2c. Upon notice of selection for random testing, the employee shall be escorted
to the testing laboratory and shall provide a urine and breath sample in
accordance with the policy or protocol established by the testing laboratory.
Failure to provide a sample shall be considered a refusal to submit to a drug
test.
Section 3 Post-Accident Testing and Reasonable Suspicion:
Post-accident and reasonable suspicion testing will entail 10-panel testing and alcohol
testing. A violation will occur when an employee has a confirmed positive drug test or a breath
alcohol concentration confirmation level of .04 or greater.

46
Section 3a. Post-Accident:
1. The PARTIES agree to require post-accident mandatory alcohol and drug testing
under the testing guidelines set forth in this Appendix of any employee involved in
a vehicular accident in a EMPLOYER vehicle where any of the following exist:
(a) An employee, while driving an EMPLOYER’s vehicle, becomes
involved in a vehicular accident which results in a human fatality.
(b) An employee, while driving an EMPLOYER’s vehicle, becomes
involved in a vehicular accident and the employee receives a moving
violation arising from the accident.
(c) An employee, while driving an EMPLOYER’s vehicle, becomes
involved in a vehicular accident from which any involved vehicle requires
towing from the scene.
(d) An employee, while driving an EMPLOYER’s vehicle, becomes
involved in a vehicular accident from which any person involved is
transported from the scene for medical treatment.
2. The EMPLOYER agrees to conduct post-accident drug and alcohol testing of any
employee involved in a vehicular accident in an EMPLOYER’s vehicle that
voluntarily requests testing, regardless of whether the above conditions are met.
Section 3b. Reasonable Suspicion Testing:
1. The employee acknowledges and recognizes the right of the EMPLOYER to
investigate possible alcohol or drug abuse by employees, which may impair job
performance, as well as off-duty conduct that results in reasonable suspicion.
Examples of off-duty conduct that could result in reasonable suspicion include, but
not limited to, arrest for possession of, use, or being under the influence of drugs
and alcohol. It is understood that the EMPLOYER shall adequately train its
supervisory personnel in the detection of the symptoms and effects of alcohol
and/or controlled substance abuse so that they may properly investigate cases of
on-duty reasonable suspicion. When reasonable suspicion has been identified (on-
duty or off), the suspected employees will be required to submit to drug and alcohol
screening in accordance with the terms of this Agreement.
2. Reasonable suspicion is defined as the actions, appearance, or conduct of an
employee that are indicative of or consistent with the use and/or presence in the
employee’s body of a controlled substance or alcohol. Reasonable suspicion is
based on specific, contemporaneous, articulable observations concerning the
appearance, behavior, speech, or body odors of the employee.
3. Reasonable suspicion testing is not limited by this Appendix except to the extent
that any urine testing utilized shall be in accordance with the lab testing protocol
below. Reasonable suspicion testing may involve urine or blood, or other biological

47
 samples or tissues, as determined under existing legal standards. An employee will
not be required to take more than one of these tests.

Section 4. Testing Standard

Section 4a. The EMPLOYER has developed a Fire Department Drug and Alcohol
Policy with procedures and protocols that follow the requirements of
SAMHSA/CAP FUDT. The section of the Fire Department Drug and
Alcohol Policy dealing with mandatory drug testing and the consequences
thereof is subject to amendment by the EMPLOYER only as the
EMPLOYER determines that it is necessary to follow the requirements of
SAMHSA/CAP FUDT.
Section 4b. Nothing in this Appendix shall be construed to abolish the existing authority
and practice of the Employer to conduct drug testing for:
a. Pre-employment.
b. Reasonable suspicion.
c. Upon return to duty after an absence of 30 calendar days or more.
d. Post-accident.
e. Pre-assigned testing where required by law.
f. Post-firearm discharge.

Section 5. Threshold Levels Revealed by Testing

The PARTIES have agreed that the procedures identified in 49 CFR part 40, as amended,
shall be the guidance for any drug and alcohol testing administered under this Appendix. The only
modification from the CFR guidance will be that all drug testing shall be conducted using a 10-
panel test.
Section 5a. A positive test is defined as one where there is a confirmed quantifiable
presence of one of the prohibited substances in an amount that meets or
exceeds the thresholds included herein.
Section 5b. A positive test for alcohol shall be the one where the breath alcohol
concentration is confirmed to be .04 or greater.
Section 5c. Refusal to submit to a drug or alcohol test shall be treated as a confirmed
positive test.
Section 6. Notification and Reporting
Section 6a. All drug and alcohol testing under this Appendix shall be conducted while
the employees are on duty. Upon notification of selection for random
testing, in order to report for post-accident or for cause, the employee shall
be escorted to the testing facility to provide the appropriate sample.

48
 Section 6b. In all drug and alcohol testing under this Appendix, only conclusive results
are to be reported to the EMPLOYER. Both tests must be positive, or the
results are considered inconclusive, thereby causing a negative test to be
reported to the EMPLOYER.
Section 6c. Concentrations less than the thresholds listed herein, or initial positives not
confirmed by the confirmatory testing, shall be disregarded by the
EMPLOYER and may not be used at any time for any employment or
disciplinary purpose whatsoever by the EMPLOYER.
Section 6d. Once the employee has been notified of a drug test under any provision of
this Appendix, the employee does not have any right to self-report use or
impairment under this Appendix and thereby escape the consequences of
violating the Department’s rules and regulations. It shall be within the Fire
Chief’s discretion to permit self-reporting and to withhold or suspend
discipline based upon all relevant facts and circumstances.

Section 7. Alcohol Related Guidance

Alcohol Testing Shall be as Follows:
Section 7a. Alcohol testing shall be conducted by a Breath Alcohol Technician (BAT)
using an Evidential Breath Testing Device (EBT). The employee will
provide a breath sample. If the employee’s alcohol concentration is greater
than or equal to .04, a second confirmation test shall be performed in
accordance with established EBT protocol.
Section 7b. An employee’s failure or refusal to provide a breath sample shall result in a
determination that the employee’s alcohol concentration is greater than or
equal to .04.
Section 7c. Confirmation that an employee’s alcohol concentration is greater than or
equal to .04 shall result in disciplinary action according to this Appendix.
Section 7d. The guidance under 49CFR Part 654 regarding safety sensitive positions
shall be adhered to including removing an employee from duty for an
alcohol test of .02 or greater but less than .04. Although this is not
considered a positive test, the employee will be placed on sick leave and
may not return to duty until the start of the employee’s next regular
scheduled shift. This will not be deemed an occurrence.
Section 7e. Tests that yield a concentration below .02 are considered negative with no
consequences under this Appendix

Section 8. Discipline for Positive Drug and Alcohol Tests.

Section 8a. First positive result:

49
 The employee shall be suspended from the Department for a period of time
not to exceed thirty (30) days. The employee shall further be required to
seek evaluation, education, or treatment to establish control over the
employee’s drug or alcohol problem. Specifically, the employee must
successfully complete an appropriate rehabilitation program as determined
by a drug and/or alcohol abuse evaluation expert. The employee may utilize
sick leave, vacation, or unpaid administrative leave as necessary to
complete the rehabilitation program. Verification of the employee’s
successful completion of the program must be provided to the EMPLOYER
by a rehabilitation facility no later than six (6) months from the date of the
initial positive result and constitutes a condition precedent to the
employee’s return to work. Prior to returning to duty, the employee shall
undergo a return to duty test with a result indicating an alcohol
concentration of less than 0.04 and/or a controlled substance test with a
verified negative result. In addition, the EMPLOYER may continue to
monitor any employee under this provision by conducting unannounced
follow-up testing not to exceed twenty-four (24) months following the
employee’s return to work. An employee’s failure to meet the requirements
to return to duty herein shall automatically be considered a second positive
test result.
Section 8b. Second positive result:
A second positive test result at any time will result in termination of the
employee with no appeal to the Civil Service Commission.

Section 9. Drug and Alcohol Abuse Treatment

Section 9a. EMPLOYER encourages any employee who has an alcohol or other drug
problem to seek treatment before the problem manifests itself in a violation
of this policy and before the employee has a positive test result. To
encourage employees to maintain a safe, healthy, and productive work
environment, the EMPLOYER provides an Employee Assistance Program
as an option for an employee seeking treatment. An employee who self-
reports an abuse problem, which has not violated Department policies,
rules, and regulations, may self-report and seek treatment. Employees may
not be disciplined for entering a treatment program under these
circumstances. An employee may not self-refer once notification of a drug
has been made.
Section 9b. The EMPLOYER shall implement a drug and alcohol abuse education
program. As part of that program, information shall be provided on the
availability of any EAP services, under EMPLOYER’s programs, or other
outside service providers.

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Section 10 Union Representation of Members.
Section 10a. While it is understood that the employee is unequivocally opposed to the
use of alcohol or drugs in the workplace, as well as the abuse of such
substances under any condition, and further agrees to cooperate toward the
prevention of such abuse and strongly supports the prohibition of the use of
drugs or alcohol in the workplace and the proper enforcement of the
Department’s rules and regulations, the employee, retains the right to fairly
and properly represent any aggrieved member of the bargaining unit by
reason of the application of this Appendix, including but not limited to what
the employee may consider as unwarranted or unreasonable investigations,
search or the imposition of discipline.

Section 11 EAP/Drug Committee

Section 11a. The EMPLOYER agrees to form an Employee Assistance Drug Committee
with the UNION. The Fire Chief and the Union President shall designate
two (2) individuals to serve on the Committee; the Committee shall
assemble and prepare materials to inform employees of the issues and
dangers of substance abuse to the employee, their colleagues in the
Department, the public, and their families. The materials shall include an
inventory and presentation of available community and EMPLOYER
resources for dealing with emotional issues, depression, family conflict,
domestic violence, alcohol abuse, substance abuse, and other mental and
medical issues that are a part of the substance abuse paradigm. The
Committee shall make materials and presentations available to all
employees.

Section 12. Confidentiality

Section 12a. All records pertaining to the Department required drug and/or alcohol tests
shall remain confidential to the extent allowed by law, unless offered in
evidence in a disciplinary appeal. Drug test results and records shall be
stored in a locked file under the control of a Human Resources
representative or their designee. The Fire Chief will maintain original
copies submitted by the laboratory. No access to these files shall be allowed
without written approval of the Fire Chief.

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 APPENDIX “C” – WAGE TABLE

EFFECTIVE EFFECTIVE EFFECTIVE

Upon execution of a
10/1/2025 10/1/2026
new agreement
7% 4% 3%
FIREFIGHTER
Start to 1 year 5,858 6,093 6,275
1 year to 3 years 6,612 6,876 7,082
3 years to 5 years 6,888 7,163 7,378
5 years to 7 years 7,034 7,316 7,535
7 years to 10 years 7,106 7,390 7,612
10 years to 15 years 7,248 7,538 7,764
15 years to 20 years 7,390 7,686 7,917
20 years or more 7,539 7,841 8,076
DRIVER/OPERATOR
Start to 2 years 7,836 8,149 8,394
2 years to 10 years 7,991 8,310 8,560
10 years or more 8,149 8,475 8,729
CAPTAIN
Start to 2 years 8,447 8,784 9,048
2 years to 10 years 8,737 9,086 9,359
10 years or more 8,912 9,269 9,547
DISTRICT CHIEF
Start to 5 years 9,494 9,874 10,170
5 years or more 9,686 10,073 10,375
DEPUTY CHIEF
Start to 5 years 10,243 10,653 10,972
5 years or more 10,447 10,865 11,191
ASSISTANT CHIEF
Start to 5 years 11,794 12,265 12,633
5 years or more 12,029 12,511 12,886

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 REQUEST FOR EDUCATIONAL REIMBURSEMENT – APPENDIX “D

EMPLOYEE NAME: POSITION: DATE OF HIRE:

DEPARTMENT/DIVISION: WORK PHONE:

INSTITUTION: COURSE(S) START DATE:

COURSES AND/OR BOOKS REQUESTED (Print legibly - Fill in all information)

Course No. Course/Book Title Amount

TOTAL:
Briefly state how course(s) is/are city-related and will benefit the City and employee.

Will it be necessary to modify your work schedule? □Yes □No

(Available only if course is never offered outside normal work hours.)

Type of leave you will use: □ Vacation □ Personal Leave □ Comp Time

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Tuition Payment Agreement | Authority for Employer to Make Deductions from Paycheck

I have this day been given an opportunity to participate in the City of Beaumont’s Educational
Reimbursement Plan. The City will reimburse the tuition, books and fee costs for courses passed.
In consideration for my participation in this educational reimbursement program, I agree to
continue my employment with the City of Beaumont for a period of two (2) years (unless term is
established by a collective bargaining agreement) after receiving reimbursement. In the event I
terminate my employment with the City of Beaumont within a period of two (2) years (unless term
is established by a collective bargaining agreement) after receiving reimbursement, I agree to
refund the City of Beaumont for all monies reimbursed. The costs will be deducted from my final
paycheck. Authority is hereby given to the City of Beaumont to make such a deduction. If the final
paycheck does not completely cover the reimbursement amount, I agree to repay funds to make up
the difference.

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 Employee’s Signature Date of Request

Department Director Approval Date

City Manager or Designated Representative Date

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Please attach copies of all grades and receipts. All information must be legible and must
include the name of institution where course(s) was/were taken and name of store where
book(s) was/were purchased.

Final Payment Approved:

City Manager or Designated Representative Date

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