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AGREEMENT
CITY OF MUSKEGON, MICHIGAN
A HOME RULE CITY
AND
LOCAL #370
MUSKEGON FIRE FIGHTERS UNION
AFFILIATED WITH
MICHIGAN PROFESSIONAL FIRE FIGHTERS UNION
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
January 1, 2024 - June 30, 2028
ARTICLE 1 - PURPOSE AND DEFINITIONS 3
ARTICLE 2 - COVERAGE 3
ARTICLE 3 - RECOGNITION 3
ARTICLE 4 - DUES DEDUCTION 3
ARTICLE 5 - UNION ACTIVITIES 4
ARTICLE 6 - OTHER ORGANIZATIONS 4
ARTICLE 7 - MANAGEMENT RIGHTS 5
ARTICLE 8 - WAGES 5
OVERTIME 7
COMP-TIME 8
ACTING ASSIGNMENTS 9
ARTICLE 9 - HOURS OF EMPLOYMENT 11
TRADE TIME 13
ARTICLE 10 - VACATIONS 13
BENEFIT TIME CONVERSION 16
ARTICLE 11 - HOLIDAYS 16
PLD 18
ARTICLE 12 - SENIORITY 18
ARTICLE 13 - SICK LEAVE 19
FAMILY LEAVE 22
ARTICLE 14 - BEREAVEMENT AND JURY DUTY LEAVE 22
ARTICLE 15 - INSURANCE 22
ARTICLE 16 - HEALTH AND WELFARE 25
ARTICLE 17- UNIFORM ALLOWANCE 27
ARTICLE 18 - MAINTENANCE OF CONDITIONS 27
ARTICLE 19 - DISCIPLINARY ACTION 28
ARTICLE 20 - GRIEVANCE AND APPEAL PROCEDURE 28
ARTICLE 21 - PREVENTION EMPLOYEES 29
ARTICLE 22 - COST-OF-LIVING 29
ARTICLE 23 - CIVIL SERVICE - REOPENER 29
ARTICLE 24 - DEFINED BENEFIT RETIREMENT PLAN 30
ARTICLE 25 - DEFINED CONTRIBUTION RETIREMENT PLAN 31
ARTICLE 26 - TECHNOLOGICAL CHANGE 32
ARTICLE 27 - RESIDENCY 32
ARTICLE 28 - PROBATIONARY PERIOD 32
ARTICLE 29 - CERTIFICATIONS 32
ARTICLE 30 - MISCELLANEOUS 33
ARTICLE 31 - PHYSICAL FITNESS 33
ARTICLE 32 - DRUG TESTING 33
ARTICLE 33 - PROMOTIONS 33
ARTICLE 34 - GENERAL 36
ARTICLE 35 - DURATION 36
ARTICLE 36 - PART-TIME EMPLOYEES 37
ARTICLE 37 - SHIFT AND STATION PICKS 37
ARTICLE 38 - SOCIAL SECURITY 38
ARTICLE 39 -TUITION ASSISTANCE 38
ARTICLE 40 - TRAINING 38
SALARY SCHEDULE (APPENDIX A) 39
THIS AGREEMENT effective January 1, 2024, between the City of Muskegon, Michigan, a municipal
corporation (hereinafter called the Employer), and Local No. 370 of the International Association of Fire
Fighters, also known as Muskegon Fire Fighters Union, AFL-CIO (hereinafter called the Union).
WITNESSETH: That the parties hereto, in consideration of the mutual covenants and agreements
hereinafter contained, do hereby agree as follows:
ARTICLE 1 - PURPOSE AND DEFINITIONS
SECTION 1.1 PURPOSE. The parties hereto have entered into this agreement pursuant to the authority of Act
379 of the Public Acts of 1965, as amended, to incorporate understandings previously reached and other matters
into a formal contract; to promote harmonious relations between the Employer and the Union, in the best interests
of the community; to improve the public firefighting service; and to provide an orderly and equitable means of
resolving future differences between the parties.
SECTION 1.2 DEFINITIONS.
"City" or “Employer” shall include the elected or appointed representatives of the City of Muskegon, Michigan.
“Prevention Employees” shall include uniformed members of the Muskegon Fire Department assigned to a 40-
hour work week schedule.
“Suppression Employees” shall include uniformed members of the Muskegon Fire Department assigned to a 54-
hour work week schedule.
"Union" shall include the officers or representatives of the Union. Whenever the singular number is used, it
shall include the plural.
ARTICLE 2 - COVERAGE
This agreement shall be applicable to all uniformed employees of the Fire Department of the City, except the
Public Safety Director thereof, civilian employees, and fire personnel other than full time personnel. This
agreement is not applicable to part-time firefighters.
ARTICLE 3 - RECOGNITION
Employer recognizes the Union as the sole and exclusive bargaining representative of the employees of the
Fire Department including all matters concerning advancement and promotion.
ARTICLE 4 - DUES DEDUCTION
SECTION 4.1 UNION SECURITY. All new employees in the bargaining unit shall, within six (6) calendar
months after their calendar date of employment, and all current employees shall, within thirty (30) calendar days
after the execution of this agreement, as a condition of employment, pay to their bargaining representative either
dues as established by such representative or a service fee equivalent to the amount of dues uniformly required
of members of the bargaining agent. No employee in the bargaining unit shall be required, as a condition of
employment, to be a member of the Union.
SECTION 4.2 CHECK-OFF. The City of Muskegon, upon receipt of a signed check-off authorization shall
withhold on a monthly basis the dues or service fees required of employees in the bargaining unit and forward
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the same to the treasurer of the Union.
The Union shall save the Employer harmless from any and all third party claims, lawsuits, judgments, or awards
arising out of the agreements of the parties with regard to Union Security.
ARTICLE 5 - UNION ACTIVITIES
SECTION 5.1 GENERAL. Employees and their Union representatives shall have the right to join the Union, to
engage in lawful concerted activities for the purposes of collective negotiation or bargaining or other mutual aid
and protection, to express or communicate any view, grievance, complaint or opinion related to the conditions
or compensate any view, grievance, complaint or opinion related to the conditions or compensation of public
employment or their betterment, all free from any and all restraint, interference, coercion, discrimination or
reprisal. The Union, at any time, may present grievances to Employer and have those grievances adjusted, if the
adjustment or adjustments are not inconsistent with the terms of a collective bargaining contract agreement then
in effect.
SECTION 5.2 RELEASED TIME The president of the Union and the bargaining committee shall be afforded
reasonable time during working hours without loss of pay to fulfill their Union responsibilities. This shall include
contract negotiations with the Employer, appearances before the City Commission, Civil Service Commission,
and appropriate court of legal jurisdiction, processing of grievances, and the administration and enforcement of
this agreement.
Only two (2) employees at a time, who are certified by the Union as a delegate to Local, State and International
Convention, may each be absent with full pay for up to two (2) consecutive working days per such absence, but
not more than a total of twelve (12) days for all such representation on official union business each fiscal year.
An employee who is elected to State Standing Committees shall be allowed the use of the above-mentioned days.
Unless otherwise provided in this Agreement, the allocation and usage of these days is at the discretion of the
Union.
For the period of January 1, 2024 through June 30, 2024, cumulative union leave shall not exceed 6 days.
SECTION 5.3 REPRESENTATION. All employees who are covered by this Agreement shall be represented for
the purpose of grievance procedure and negotiations by a bargaining committee to be chosen by the Union.
The bargaining committee, paid or not, shall be limited to three (3) employees.
The Union will supply to the Employer a letter clarifying and identifying the duties of the Union officers of
Local No. 370.
SECTION 5.4 BULLETIN BOARDS. Existing bulletin boards at each fire station may be used for the posting
of Union notices or other materials.
SECTION 5.5 MEETINGS. The Union may schedule meetings on Fire Department property, insofar as such
meetings are not disruptive of the duties of the employees or the efficient operation of the Department.
ARTICLE 6 - OTHER ORGANIZATIONS
Employees may belong to other organizations, but not as a condition of employment with the Employer, nor may
such other organizations represent any employee with respect to wages, hours or conditions of employment or
in derogation of the exclusive bargaining agency of this Union.
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ARTICLE 7 - MANAGEMENT RIGHTS
SECTION 7.1 RECOGNITION OF AUTHORITY. The Union recognizes the Employer is vested with all
management functions including the full and exclusive control, direction and supervision of operations in the
work force and that it shall manage its affairs in all respects in accordance with its responsibilities and the powers
and authority which the Employer has not officially abridged, delegated or modified by this agreement.
SECTION 7.2 RULES AND REGULATIONS. The Public Safety Director shall formulate rules and regulations
not inconsistent with this Agreement under which the employees must work.
SECTION 7.3 STATION DUTIES. Station duties, assignments and work details shall be as required by the
Public Safety Director and officers of the department with reasonable observance of seniority and ability.
SECTION 7.4 MAINTENANCE. Maintenance of equipment, the station and grounds shall also be as required
by the Public Safety Director.
SECTION 7.5 GRIEVANCE. A grievance may be filed on any work project which exceeds the terms of Sections
7.3 and 7.4 and the work must stop until the grievance is settled. Training sessions and inspections shall not be
considered "work projects" under this Section.
SECTION 7.6 INSPECTIONS. Employees may be assigned for training and may be assigned on-duty work
related to housing and fire inspection, commercial building inspection or any other similar activity designated
by the Public Safety Director.
SECTION 7.7 ADVANCED LIFE SUPPORT. If the Employer decides to provide advanced life support, the
labor contract shall be re-opened to deal with issues related to providing advanced life support.
SECTION 7.8 AUTOMATIC RESPONSE. Employees may be assigned to automatically respond (not mutual
aid) to fires outside City limits and other jurisdictions may automatically respond (not mutual aid) to fires inside
the City.
ARTICLE 8 - WAGES
SECTION 8.1 GENERAL. The salary schedule for calendar year 2024 through 2028 is attached hereto, as
Appendix A. Appendix A reflects a reset of the wage scale Effective January 1, 2024, a 4% increase effective
January 1, 2025, a 3% increase effective January 1, 2026, a 3% increase effective January 1, 2027, and a 3%
increase effective January 1, 2028.
All salary changes shall be effective on the first full pay period following satisfaction of the condition of the pay
increase.
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The positions specified in Appendix A are those adopted as follows:
Date Adopted by
Title Civil Service Commission
Firefighter 01/01/17
Inspector 09/26/89
Assistant Mechanic 12/06/82
Master Mechanic 12/06/82
Lieutenant 06/26/90
Captain 12/06/82
Fire Marshal 12/07/16
Battalion Chief 06/26/90
Assistant Chief 12/06/82
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The Employer is not obligated to fill or staff the vacant Captain positions.
SECTION 8.2 LONGEVITY PAY PLAN RULES AND REGULATIONS.
All employees with five (5) years of service will be eligible for longevity pay.
Semi-annual payments (“longevity payment”) to be paid in June and December using the
following formula:
2% of base pay After 5 years of service 8% of base pay After 20 years of service
4% of base pay After 10 years of service 10% of base pay After 25 years of service
6% of base pay After 15 years of service
Longevity payments shall be based on a maximum salary of $15,000.
Anyone whose employment with the Employer has been terminated will be considered as a new
employee should they return.
Any employee who reaches 5, 10, 15, 20 or 25 years of service on or before June 30, and is on the
payroll as of June 1st, will be eligible for half (½) the longevity payment in June and each successive semi-
annual payment in December and June thereafter. Any employee who reaches 5, 10, 15, 20 or 25 years of
service on or before December 31, and is on the payroll as of December 1st, will receive half (l/2) of the
longevity payment in December and each successive semi-annual payment thereafter.
During the calendar year in which an employee retires under one of the Employer’s retirement plans,
they shall be entitled to receive, at the time of the semi-annual payment of longevity, a pro-rated portion of their
longevity pay based on days worked.
All compensation for employees is subject to deduction for income tax and retirement benefits.
SECTION 8.3 OVERTIME PAY.
Overtime pay shall be paid to employees for all work in excess of their regularly scheduled workday or
work week. Such overtime shall be paid at 1 and 1/2 times the employee's prevailing hourly rate, which for
purposes of this agreement shall be deemed to be the annual salary for such employees as set forth in Appendix
A, attached hereto, divided by 2,808 hours in accordance with Article IX. If the employee works overtime in an
acting assignment, then the "prevailing hourly rate" shall be the amount paid for the acting assignment. Any and
all grievances or claims, whether filed or unfiled during the preceding contract, involving compensation for
acting assignments shall be waived.
When called in, whether by telephone or through a paging application, an employee shall receive a
minimum of three (3) hours overtime pay.
When shift going off duty is called out on alarm of fire and are required to remain at least 15 minutes
past their normal shift requirements, overtime shall be paid as follows:
Time and One-Half
0 minutes to 14 minutes None
15 minutes to 44 minutes 1/2 hour
45 minutes to 1 hour 14 minutes 1 hour, etc.
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Employer will allow ten minutes personal clean-up time for purposes of computing overtime pay for a
shift returning off duty from alarm of fire and are required to remain past their normal shift requirements.
SECTION 8.4 EQUALIZATION OF OVERTIME HOURS.
A roster of all full-time employees not on probation will be set up by classification. Overtime will be
equalized to the fullest extent possible. The regular work shift ending shall be called first for overtime. The call-
back roster shall be maintained, and personnel rotated on the list in a mutually agreeable manner. An up-to-date
list will be furnished to the Union after anyone works overtime. Overtime shall be performed on the basis of
classification: Chiefs, Officers, Mechanics and Fire Fighters are to be called in for the position to be filled on the
basis of rank. Mechanics are to be called in off of the firefighter's overtime list.
In addition to the above procedures, the Employer shall be permitted to hold employees over from their
regular work shift for overtime purposes in limited emergency situations. Emergency situations shall arise only
by act of God or through circumstances beyond the control of either the Employer or the Union. Such emergency
hold-overs may permit the Employer to waive the equalization of overtime rosters may only be expended for a
period of up to twelve (12) hours following the regular work shift. During such twelve (12) hour extension the
Employer shall exert its good faith efforts to follow the equalization of overtime rosters by attempting to call
employees, within classifications, from said roster.
Notwithstanding the above, the Employer may call the incoming shift into work for overtime purposes
if the call occurs within two (2) hours of the incoming shift's start time. If the Employer contacts the employee
and the employee comes into work prior to the start of their incoming shift, overtime shall be paid at a minimum
of two (2) hours. If the Employer does not reach the employee but the employee appears for work nonetheless,
overtime shall be paid for the actual amount of time the employee is working beginning from the time the
employee arrives at their station to pick up their gear.
SECTION 8.5 CALL-BACK PAY.
Call-back pay shall be paid to employees for all work in excess of their regularly scheduled workday or work
week. Minimum hours and reimbursement shall be at the same rate as provided for in the above Section 8.3,
Overtime Pay, except for call-back pay for holidays which shall be at double time and one-half.
Call-back pay shall start when an employee arrives at their station to pick up their gear. Each employee reporting
in shall then write down the employee's name and the time in the daily log book.
SECTION 8.6 COMPENSATORY TIME
Employees shall have the option to receive compensatory time off in lieu of wages for all overtime worked,
including call-back pay, as provided herein. Compensatory time shall accrue at the rate at which the employee
would have been paid if they had worked the time.
The Parties agree that compensatory time accrual shall be limited to 480 hours. Compensatory time not used by
December 31st of each year shall be cashed out (at 100% of the value of the accrued hours) down to seventy-
two (72) hours, for Suppression Employees, and forty (40) hours, for Prevention Employees. The cashed out
accrued hours may be taken as cash, converted to sick time, or contributed to the employee’s 457 retirement
plan, or other similar available accounts. If converted to sick time, a maximum of 240 hours may be converted
(equal to one month of sick time) by 54 hour employees and a maximum of 160 hours by Prevention Employees,
subject to the accumulation limits in Section 13.1.
At any pay period, employees may cash out, contribute to their 457 or MESP plan, or other similar available
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accounts, any amount of accrued compensatory time at 100% of the value of the accrued hours. The amount to
be deferred may not exceed that permitted by federal law. Upon termination of employment for any reason,
employees will be paid for all unused compensatory time accumulated at 100% of the value of the accrued hours,
or shall be allowed to contribute to their 457, MESP, or other similar available accounts.
Employees working overtime that is funded by a grant shall be allowed to take overtime as either pay or
compensatory time unless the grant specifically restricts compensatory time as payment.
Compensatory time may be requested in lieu of overtime pay for off-duty training approved by the Public Safety
Director or their designee.
Compensatory Time Usage, Suppression Employees:
i. Is not a matter of right; is granted with management approval; it cannot create
overtime
ii. Can be taken in any quantity greater than 2 hours.
iii. Can be taken at any time with one (1) hour notice.
iv. For comp time starting at the beginning of a shift, employees must check in 25 minutes prior to the
start of comp time usage.
v. Cannot be canceled by management once comp time begins.
Comp Time Usage, 40 Hour (Prevention) Employees:
i. Is not a matter of right; is granted with management approval
ii. Can be in any duration
iii. Cannot be canceled by employer once comp time begins
SECTION 8.7 TABLE ALLOWANCE.
The Employer shall pay directly to the Union a quarterly table allowance in the amount of Ninety ($90.00)
Dollars per active employee. This table allowance shall be used by the Union to offset the cost of maintenance
of the table assessed to active employees. The allowance shall not exceed Three Hundred Sixty ($360.00) Dollars
per year, per active employee. Quarterly payments shall be made in March, June, September, and December.
SECTION 8.8 ACTING ASSIGNMENT.
Acting Assignment Defined. Acting assignment shall mean the performance of the full range of duties to a next
higher or two next higher position class or classification (e.g. a Firefighter performing the duties of an Engineer
or Lieutenant, an Engineer performing the duties of a Lieutenant or Captain, a Lieutenant performing the duties
of a Captain or Battalion Chief, a Captain performing the duties of Battalion Chief or Assistant Chief)
A Daily Acting Assignment is to be utilized to fill in for an employee who is absent for any reason for a period
of less than four (4) consecutive weeks' duration.
An Interim Acting Assignment is to be utilized to fill in for an employee who is absent for any reason for a period
of more than four (4) consecutive weeks' duration; also when filling temporarily a vacant position created by a
retirement, resignation, dismissal, or death.
The Public Safety Director reserves the right to select the employee most qualified to perform the duties of Daily
Acting Assignment or Interim Acting Assignment. Employees who work a Daily or Interim Acting Assignment
to a higher position class or classification as above shall be paid at the pay rate for the higher classification.
Any Officer position that becomes vacant shall be filled with an Interim Acting Assignment commencing with
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the beginning of the next pay period.
Acting Eligibility and List
All Firefighters who have an NFPA and FFTC approved Pump Operations Class or an equivalent recognized by
the State of Michigan, and who also have at least two (2) years experience on the Muskegon Fire Department,
and who have successfully completed the MFD Driving and Pumping Requirements for an Engineer, shall be
placed on the list of employees eligible to serve in an acting assignment (either Daily or Interim) for the Rank of
Engineer.
All Firefighters, Engineers, and Mechanics who have the Fire Officer I certification and NIMS 300, or an
equivalent recognized by the State of Michigan, and who also have at least two (2) years experience on the
Muskegon Fire Department, shall be placed on the list of employees eligible to serve in an acting assignment
(either Daily or Interim) for the Rank of Lieutenant.
When a Mechanic is functioning in an Acting Assignment as an Officer, they shall only be required to perform
the duties of the position in which they are acting, except in the event of a priority mechanical issue.
All Lieutenants who have the Fire Officer II certification and NIMS 300, or an equivalent recognized by the
State of Michigan, and who also have at least two (2) years experience in grade, on the Muskegon Fire
Department, shall be placed on the list of employees eligible to serve in an acting assignment (either Daily or
Interim) for the Rank of Captain.
All Captains shall be placed on the list of employees eligible to serve in an acting assignment (either Daily or
Interim) for the Rank of Battalion Chief.
In the absence of a Captain, all Lieutenants, who have at least two (2) years experience, in grade, on the
Muskegon Fire Department, and have Fire Officer II (or an equivalent recognized by the state of Michigan), and
NIMS 300 and 400, shall be placed on the list of employees eligible to serve in an acting assignment (either
Daily or Interim) for the Rank of Battalion Chief.
Release time, with approval, and tuition for any certification that is required for the rank above an employee's
current rank shall be provided by the Employer when requested by an Employee who is within twelve (12)
months of the time in grade requirement for each acting assignment.
SECTION 8.9 – SPECIALIZED TEAMS
Employees may choose to join specialized emergency response teams including, but not limited
to, the Muskegon Fire Department Dive Team, the Muskegon Fire Department Honor Guard, the
Muskegon County Hazardous Materials Team, and the Muskegon County Technical Rescue Team.
Employer reserves the right to determine what team(s) the City of Muskegon will join.
For City of Muskegon teams, Employees shall be provided 14-days’ notice when a position(s) opens.
Employees appointed to a specialized team(s) shall be functioning as City of Muskegon employees
throughout the performance of their duties for their designated specialized team(s). This includes
incident response, meetings, training, and any other work performed outside of the member's regular
work hours.
Employees will be compensated at their appropriate City rate of pay, including overtime when
applicable, for work performed outside of their regular duty hours.
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All benefits and protections that apply to an Employee shall be in force when an Employee is
performing duties for their specialized team outside of their regular duty hours.
Employees shall be granted release time when necessary to allow attendance at required training or
meetings held during their regular duty hours with management approval.
Employees shall not accept additional compensation from the specialized team. If additional
compensation is received by the team member or the Employer, it shall be returned to the team.
The Employer shall not mandate that an Employee attend any meeting, training, or emergency response
outside of the employee's regular duty hours.
The employee shall make a good-faith effort to attend any meeting, training, or emergency response
outside of their regular duty hours.
The Public Safety Director shall reserve the right to select the person(s) most qualified for these special
teams. No member shall be required to accept appointment to a special team.
SECTION 8.10 – SPECIAL ASSIGNMENTS
The Employer shall assign a member of the bargaining unit to be the EMS Coordinator.
The EMS Coordinator will be responsible for organizing and administering EMS continuing education
and purchasing EMS supplies and equipment. The EMS Coordinator shall receive a bi-weekly stipend
equal to $50 per pay period.
The Public Safety Director shall reserve the right to select the person most qualified for the EMS
Coordinator position. No member shall be required to accept appointment to a special assignment.
ARTICLE 9 - HOURS OF EMPLOYMENT
The work period shall follow continuous twenty-eight (28) day cycles. The duty schedule of employees shall
cover a nine (9) day period and then repeat- 24 consecutive hours on, 24 consecutive hours off, 24 consecutive
hours on, 24 consecutive hours off, 24 consecutive hours on, and 96 consecutive hours off. For each 28-day
cycle, this results in two shifts that are scheduled for nine (9) twenty four (24) hour duty days in the 28-day
cycle, and a third shift scheduled for ten (10) twenty-four duty days in the 28-day cycle.
The employee's base wage shall be regarded as compensating the employee "one time" pay for their regular
scheduled hours up to 216 hours in each 28-day cycle. The hourly rate shall continue to be the annual wage set
forth in Appendix A divided by 2,808.
In any 28-day cycle, if the employee actually works regular scheduled hours that are in excess of 212 hours, up
through the 216th hour, they shall receive for those regular scheduled hours worked in excess of 212 through 216
hours an additional "half-time" pay for such hours worked. [Example 1: employee actually works all 216 regular
scheduled hours in the 28-day cycle; they receives their regular base wage for the four-week period plus an
additional half-time pay for four (4) hours = 2 hours additional pay. Example 2: employee takes one 24-hour
shift off in the 216- hour cycle off for sick/vacation/other time off; they receive just their regular base wage for
the four-week period and the appropriate bank is docked 24 hours for the time off. Example 3: employee takes
two 24-hour shifts off in the 216-hour cycle for sick/vacation/other time off; they receive just their regular base
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wage for the four-week period and the appropriate bank(s) are docked 48 hours for the time off.]
In the 10 duty day (240-hour) cycle, the employee shall have the option of taking one (1) of the scheduled 24-
hour shifts off, without any loss in annual base wage and without docking of paid time off banks; an employee
choosing to do so must notify their Shift Commander of the scheduled shift they are choosing to take off before
the start of that 28-day cycle. Once the employee elects the scheduled shift to be taken off, it cannot be rescinded
or revoked by the Employer or the employee. [Example 1: employee chooses to take one of the scheduled 24-
hour shifts off, and then actually works the remaining nine (9) shifts; they receive their regular base wage for the
four-week period plus an additional half-time pay for four (4) hours (= additional 2 hours of pay). Example 2:
employee chooses to take one of the scheduled 24-hour shifts off, and they take sick/vacation/other time off for
one of the nine remaining 24-hour shifts; they receive their regular base wage for the four week period, and the
appropriate bank is docked 24 hours.]
Alternatively, the employee may choose not to take the one scheduled shift off in the 10 duty day (240-hour)
cycle. Such an employee will then receive their regular base wage for the four-week period, plus additional half-
time pay for their regular scheduled hours actually worked over 212 through the 216th hour, plus additional
double-time pay for their regular scheduled hours actually worked over 216 through the 240th hour. [Example 1:
employee actually works all 240 hours of their regular scheduled hours; they receive their regular base wage for
the four-week period, plus additional half-time pay on 4 hours (= additional 2 hours of pay), plus additional
double-time pay on 24 hours (= additional 48 hours of pay). Example 2: employee takes sick/vacation/other time
for one of the ten scheduled 24-hour shifts, thus actually working 216 hours in the cycle; they receive their
regular base wage for the four-week period, plus additional half-time pay on 4 hours (= additional 2 hours of
pay), and the appropriate bank is docked 24 hours. Example 3: employee takes sick/vacation/other time off for
two of the ten scheduled 24- hour shifts, thus actually working 192 hours; they receive just their regular base
wage for the four-week period, and the appropriate bank(s) are docked 48 hours. ]
For purposes of the foregoing, when employees trade time the employee regularly scheduled to work the traded
shift hours shall be treated as if they had actually worked those traded shift hours; the employee who in fact
works the hours pursuant to the trade shall be treated as if they had not worked those hours. This applies to both
the front-end and the back-end of the trade.
Notwithstanding the foregoing, any time an employee works outside of their regular scheduled duty shifts
(excepting a trade), such work shall be regarded as overtime, and the employee will receive time-and-one-half
pay for those overtime hours worked (double-time-and-one-half for those overtime hours worked if on a holiday),
regardless of any time off utilized in the cycle and regardless of whether the employee was scheduled to work 9
or 10 days in the 28-day cycle. [Example 1: employee is scheduled to work 9 duty shifts in the cycle, they takes
one of those duty shifts off for sick/vacation/other time off, and they work 12 hours on a day (non-holiday) they
were not scheduled to work; they receive their regular base wage for the four-week period, plus time-and-one-
half pay for the 12 hours of non-holiday overtime (= additional 18 hours of pay), and the appropriate bank is
docked 24 hours. Example 2: employee is scheduled to work 10 duty shifts in the cycle and does not opt to take
one of the shifts off, employee uses sick/vacation/other time for two of the ten scheduled shifts, and employee
works a 24-hour shift (non-holiday) they were not scheduled to work; employee receives their regular base wage
for the four-week period, plus time-and-one-half pay for 24 hours (= additional 36 hours of pay), and the
appropriate bank(s) are docked 48 hours. Example 3: same as Example 2, but the 24-hour overtime shift worked
started at 8 a.m. on Christmas Day and ended at 8 a.m. on December 26; employee receives their regular base
wage for the four-week period, plus double-time-and-one-half pay for the 16 hours worked on Christmas Day(=
additional 40 hours of pay), plus time- and-one-half pay for the 8 hours worked on December 26 (= additional
12 hours of pay), and the appropriate bank(s) are docked 48 hours.]
Trade Time
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An employee may be permitted to trade time up to one-hundred forty-four (144) hours per month with an
employee within their classification. No employee will exceed the monthly allowance of 144 hours of trade time.
Requests for an exception shall be forwarded to the Director of Public Safety for consideration. Trading time
between classifications will be considered on a case-by-case basis by the Public Safety Director. An employee
may be permitted to trade a period of time less than four (4) hours on one occasion per week not to exceed a total
time traded of 144 hours per month.
Any time traded of more than one (1) hour for a shift scheduled to begin at 7:00 a.m. requires twenty-four (24)
hours advance written notice of the intent to trade time. The notice is to be given to the Command Officers of
the affected shift if the Command Officer is on duty. If not on duty within the required time limitations, written
notice is to be left at a location identified by the Command Officer.
If an employee agrees to work trade time, that employee is responsible for the time to be filled. Injury, illness,
or other unavailability will result in a reduction in a time off bank of the employee who agreed to work.
All traded time must be repaid by working a shift within one calendar year of the shift traded. The dates of when
the traded time will be paid back shall be indicated at the time the trade time request is submitted.
No employee will be allowed to trade more than 144 hours to increase or extend their own vacation.
No compensation of any form may be exchanged between employees for trading shifts. Shifts may not be worked
in exchange for cash, services, gifts, other favors, etc., in lieu of, or in addition to, working the shift.
Triple trade time transactions shall be allowed only with approval from the Public Safety Director or their
Designee.
In all cases, the Employer will be held blameless in any disputes involving trade time.
ARTICLE 10 -VACATIONS
SECTION 10.1 ELIGIBILITY AND AMOUNT.
Any employee, other than a probationary employee, who retires, resigns, or leaves the service of the Employer
shall be entitled to their prorated accumulated vacation time.
No vacation shall be taken until an employee has been on the payroll for a period of six (6) months without the
approval of the Public Safety Director or their designee.
Vacation time shall be canceled for the same amount of time that an employee would have worked during the
normal work week and shall be paid for at the rate they would have earned on that particular time had they
worked it (exclusive of overtime), including acting pay.
Vacation leave shall be considered as a matter of right, and if canceled by management because of work
necessity, the vacation shall be rescheduled or paid for at straight time as extra compensation for the period.
If an employee elects to change or cancel already approved vacation, no extra compensation will be paid outside
of end-of-year cash outs/rollovers
Employees shall not be forced to work on any days contiguous with a drawn block of vacation. Example: An
employee is scheduled off for trade, vacation, or personal leave Monday, Wednesday, Friday, they shall not be
forced to work the preceding Thursday, or that Tuesday or Thursday or the following Saturday provided that
such days off are a part of the Employee’s regularly scheduled time off.
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In accumulating vacation leave, sick leave not exceeding that authorized in the sick leave provisions shall be
counted as time worked in any one year. Absence because of duty-connected disability shall be counted as time
worked.
For the purposes of identifying a “service milestone” (as defined and further explained below), a service
milestone for suppression employees shall be on the following days:
1. The first day of an employee’s 7th year of continuous service.
2. The first day of an employee’s 14th year of continuous service.
3. The first day of an employee’s 20th year of continuous service.
Suppression Employees shall accrue hours of vacation time as follows:
a. Beginning on a Suppression Employee’s date of appointment through their sixth (6th) year of continuous
service, one hundred forty-four (144) hours per year, which will be available for use on January 1 of the
following calendar year.
b. Beginning on the seventh (7th) year of continuous service through the thirteenth (13th) year of
continuous service, two hundred sixteen (216) hours per year, which will be available for use on the
January 1 of the following calendar year.
c. Beginning on the fourteenth (14th) year of continuous service through the nineteenth (19th) year of
continuous service, two hundred forty (240) hours per year, which will be available for use on the
January 1 of the following calendar year.
d. Beginning on the twentieth (20th) year of continuous service, two hundred eighty-eight (288) hours per
year, which will be available for use on the January 1 of the following calendar year.
For Suppression Employees who reach a new service milestone, the difference between the maximum
number of hours to be earned at the new service milestone and the number of hours accrued on January 1 of that
calendar year shall be credited to the Suppression Employee on their anniversary date of service. A “service
milestone” shall be defined as the thresholds specified in the above subsections (a) – (d).
Keith McMillan shall be entitled to two hundred eighty-eight hours of vacation per previous contract’s
accrual rates.
Vacation leave shall be taken during the calendar year following the one in which it was earned.
However, probationary Suppression Employees will be granted forty-eight (48) hours of vacation upon hire. No
more than forty-eight (48) vacation hours can be used during probation.
A Suppression Employee shall be allowed to rollover up to forty-eight (48) hours of vacation time to the
next calendar year. The forty-eight (48) hour carryover shall not accumulate year to year.
Prevention Employees shall accrue hours of vacation time as follows:
a. Beginning on a Prevention Employee’s date of appointment through their fifth (5th) year of continuous
service, eighty (80) hours per year, which will be available for use on January 1 of the following calendar
year.
b. Beginning on the sixth (6th) year of continuous service through the tenth (10th) year of continuous
service, one hundred and twenty (120) hours per year, which will be available for use on the January 1
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of the following calendar year.
c. Beginning on the eleventh (11th) year of continuous service through the fifteenth (15th) year of
continuous service, one hundred sixty (160) hours per year, which will be available for use on the January
1 of the following calendar year.
d. Beginning on the sixteenth (16th) year of continuous service, two hundred (200) hours per year, which
will be available for use on January 1 of the following calendar year.
For Prevention Employees who reach a new service milestone, the difference between the maximum
number of hours to be earned at the new service milestone and the number of hours accrued on January 1 of that
calendar year shall be credited to the Prevention Employee on their anniversary date of service. A “service
milestone” shall be defined as the thresholds specified in the above subsections (a) – (d).
Vacation leave shall be taken during the calendar year following the one in which it was earned.
However, probationary Prevention Employees will be granted sixteen (16) hours of vacation upon hire. No more
than sixteen (16) vacation hours can be used during probation.
A Prevention Employee shall be allowed to rollover up to forty (40) hours of vacation time to the next
calendar year. The forty (40) hour carryover shall not accumulate year to year.
SECTION 10.2 ANNIVERSARY DATE.
The anniversary date of service, for the purposes of this Article shall be measured by reference to the original
date of appointment to the Fire Department.
SECTION 10.3 TIME OF VACATION.
Each December, employees will be allowed to pre-schedule for the next upcoming calendar year vacation and
personal days on a seniority basis. At the time of the December seniority scheduling process, there shall be two
(2) slots available on each shift for bidding vacation and personal days so as to allow as many as two (2)
employees to be off work at the same time on vacation or personal time. (Note: Such pre-scheduled vacation and
personal shall not preclude an employee in their 10-day 240-hour work cycles from selecting any of their 10
scheduled workdays off, should they opt to do so, as set forth under Article 9).
In the event that bargaining unit membership grows to more than 34 full-time firefighters, one additional slot
will be made available each day.
Following completion of the December bidding process, as of January 1, and through the course of the calendar
year, should any of the two slots remain open, employees may continue to schedule use of their vacation and
personal days, provided however, that one (1) of the two slots on any shift that remains open can be first filled
by management with an employee off work for bereavement, sick, school/training, restricted duty, or
administrative leave. (Note: Such vacation, personal, and "filled by management" shall not preclude an employee
in their 10-day 240-hour work cycles from selecting any of their 10 scheduled work days off, should they opt to
do so, as set forth under Article 9).
Two (2) employees per shift shall be allowed to pick vacations in the same vacation period, on the posted vacation
schedule. Individual vacation days may be placed in an open slot on the posted vacation schedule once all
employees have had the opportunity to select personal days. At no time will there be more than two (2) employees
scheduled off on vacation leave or personal leave day.
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SECTION 10.4 DESIGNATION OF VACATION PERIOD.
The two (2) week vacation period shall consist of six (6) consecutive work days commencing with the first duty
period of a normal work schedule. One week vacations are to start on the first duty day of each shift beginning
in January and running consecutively throughout the year.
The third and fourth week vacation periods will consist of three (3) consecutive duty days each, commencing
with the first duty period of a normal work schedule. Any week of vacation (3 days) may be taken as individual
days. Full cycles chosen as 3-days will include cycles that continue into the following calendar year.
Vacation will be picked by seniority per shift. The two (2) week vacation period need not be taken in consecutive
weeks. Those employees entitled to and desiring to take a consecutive six (6) duty day vacation and those desiring
to split their two (2) week vacation shall make their selections first. All subsequent one week selections shall
thereafter be made by seniority, with the second week of the two (2) week vacation, if split, picked after all other
vacation periods are chosen. This will also be done by seniority. Employees wishing to pick individual day
vacations shall do so by seniority after all other vacation periods are chosen. The vacation list shall be posted no
later than December 1, and the selection of vacation shall commence December 7th. Each employee shall have
four (4) consecutive hours to select their vacation after being notified that they are next on the list. Time spent
on emergency runs will not count towards the four (4) hour period. Employees notified after 8:00 p.m. will have
until 8:00 a.m. of the next normal duty day to make their selection. If an employee fails to select their vacation
during this period, their name will be placed at the end of the shift seniority list. Up to 72 hours of time not
selected during the normal selection process can be taken in 12 hour increments. Vacations selected shall not be
changed without the approval of the Fire Chief. Seniority between shifts shall be arranged as equally as possible.
Vacations not scheduled by November 1 of the year will be assigned by the Battalion Chief.
SECTION 10.5 TERMINATION OF EMPLOYMENT.
In event employment is terminated prior to the anniversary date, an employee shall be deemed to have earned
vacation pay in the ratio that the number of months from the last anniversary date bears to twelve, payable
forthwith, at their then prevailing hourly rate, based on whole years of completed service.
SECTION 10.6 UNUSED VACATION OR PERSONAL LEAVE.
By December 1 of each year, Employees shall notify Employer of their intent to cash in or convert any unused
vacation or personal leave time. Unused vacation and/or personal leave time shall be cashed in at 100% value
with no maximum limit. Unused vacation and/or personal leave time shall be converted to sick time at a 1:1 rate
with no maximum limit. Unused vacation and/or personal leave time shall be allowed to be contributed at 100%
value to the deferred compensation (457) or Michigan Education Savings Plans (529 Plan). All transactions shall
be in 12-hour increments. All payments and conversions shall be made no later than December 31 of the current
year.
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ARTICLE 11-HOLIDAYS
SECTION 11.1 HOLIDAY PAY.
Suppression Employees shall observe the following Holidays:
New Year’s Day Martin Luther King Jr.’s Birthday
President’s Day Memorial Day
Juneteenth Independence Day
Labor Day Veteran’s Day
Thanksgiving Christmas Day
If an employee's scheduled duty day falls on any of the above-mentioned holidays, they shall be compensated at
a rate of double time for each hour of the holiday worked; if they use benefit time, they shall be compensated at
their base wage. If an employee is called in to work an above-mentioned holiday that falls on their non-duty day,
they shall be compensated at a rate of double time and a half for each hour of the holiday worked.
In the event that a holiday falls on a normal day off, the employee shall receive the option of either 12 hours of
compensatory time or receiving 12 hours of straight time pay.
Prevention Employees shall observe the following Holidays:
New Year's Day
Martin Luther King Jr.'s Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Juneteenth
Thanksgiving
Day after Thanksgiving
Day before Christmas (Christmas Eve)
Christmas Day
Day before New Year (New Year's Eve)
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If a holiday falls during a vacation period, the employee will be granted an additional day off.
SECTION 11.2 PERSONAL LEAVE DAY.
SUPPRESSION EMPLOYEES. All Suppression Employees with more than one (1) year of service shall be
entitled to take four (4) personal leave days (96 hours) per calendar year. The employee may choose to split the
twenty-four (24) hour period into two (2) twelve (12) hour periods. Personal leave days shall be selected after
all vacations have been chosen in strict accordance with Department policy. Personal leave days may be
scheduled even if an officer or firefighter is attending training courses. At the end of probation, new personnel
may schedule up to four (4) personal leave days to be taken between the end of their probation and the end of
the calendar year. Not to exceed four (4) days total for the calendar year. Probationary Employees shall be entitled
to one (1) personal leave day for each quarter during probation, which can be used with management approval.
In no circumstance shall an employee earn and/or use more than four (4) PLDs in any calendar year.
If an employee works in an interim acting assignment in a calendar year, then the personal leave day pay for the
following year shall be on a pro rata basis, i.e., if a lieutenant works 60% of calendar year 1989 as a captain,
60% of the personal leave day shall be at the captain's rate and 40% shall be at the lieutenant's rate.
PREVENTION EMPLOYEES. Prevention Employees in the Fire Department (excluding civilian employees)
shall be entitled to two (2) personal leave days per year.
SECTION 11.3 CASH OUT/CONVERSION
Personal Leave may be cashed out or converted to sick time as addressed in Section 10.6.
Probationary employees are not entitled to the cash out benefit for PLD’s in Section 10.6.
ARTICLE 12 - SENIORITY
SECTION 12.1 DEFINITION.
Seniority shall be defined as the employee's length of continuous service from the latest date of hire on which
the employee commenced duties of the position to which they were appointed.
SECTION 12.2 TERMINATION OF SENIORITY.
Seniority shall terminate for:
Discharge for cause;
Absence without leave exceeding nine (9) calendar days in one calendar year;
Voluntary quit;
Probationary removal;
Failure to respond to notice of recall as provided under Civil Service in the event of lay off.
SECTION 12.3 LAY OFF AND RECALL.
In the event it becomes necessary to reduce the fire force, departmental seniority shall govern layoffs and recall.
The employee lowest on the seniority list shall be the first to be laid off and the last to be recalled. Upon recall
to service a laid-off employee shall be subject to a medical and character investigation conducted by the Civil
Service for the purpose of determining that their qualifications for employment have been maintained.
SECTION 12.4 LAY OFF BENEFITS RETAINED.
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A full-time employee who is laid off from the service of the Employer shall retain the following benefits at the
level earned in service as of the date of lay off:
Seniority from the last date of employment;
Longevity pay status;
The last increment step received within the pay range for position of employment subject to annual adjustment
of the pay;
Years of service related to vacation status; and
Sick leave status provided that such benefit is not chosen to be received according to the terms of severance.
Seniority shall be credited only on active periods of employment.
SECTION 12.5 RECALL RIGHTS.
All laid-off employees, including those employees laid-off at the time of signing this Agreement, will have
indefinite recall rights.
ARTICLE 13 - SICK LEAVE
SECTION 13.1 ACCRUAL, ELIGIBILITY, AND RULES
SICK TIME ACCRUAL
For Suppression Employees, sick time shall be earned per pay period at a rate of 5.54 hours with a maximum
accumulation of 144 hours per year. (Accruing at this rate, for employees working the entire year, the 26th pay
period would award 5.50 hours of sick time to hit the maximum of 144 hours.) Sick leave will not accrue for
unpaid absences.
For Prevention Employees in the Fire Department (excluding civilian employees) sick leave shall be accumulated
by employees at the rate of eight (8) hours per month of employment during the preceding calendar year. The
accumulation shall not exceed ninety-six (96) hours during any one calendar year.
Accrued sick leave is available to employees as earned.
Within the probation period for a new Suppression Employee, up to 72 hours of emergency sick leave may be
granted by the Public Safety Director.
Within the probation period for a new Prevention Employees, up to 40 hours of emergency sick leave may be
granted by the Public Safety Director.
Emergency sick leave will be available only to employees within their probation period and will be deducted
from the employee’s future accumulated sick leave, creating a negative sick bank balance.
Any negative sick bank held at the end of employment will be deducted from an employee’s final pay. An
employee’s sick bank balance may not exceed a negative limit of seventy-two (72) hours.
SICK TIME ACCUMULATION
For Suppression Employee, sick leave may be accumulated up to a maximum of 1,440 hours.
For Prevention Employees in the Fire Department (excluding civilian employees) sick leave may be accumulated
up to a maximum of nine hundred sixty (960) working hours.
SICK TIME CASH OUT/CONVERSION
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Suppression Employees can receive cash payment for an unlimited number of hours at 100% of their pay rate in
excess of 1,440 hours. Payments may also be put into an employee’s 457, MESP account or other similar
available accounts.
Prevention Employees can receive cash payment for an unlimited number of hours at 100% of their pay rate in
excess of 120 days. Payments may also be put into an employee’s 457, MESP account or other similar available
accounts.
Employees may elect to receive cash payment for an unlimited number of hours of sick leave on January 1 at the
highest percentage paid to other employee groups and via the same methods as available to other employee
groups.
Payouts noted above are based on accumulated sick leave as of December 31, paid on or before March 31,
succeeding the accrual. Payment shall be made at the employee’s pay rate as of December 31.
Sick leave time shall be canceled for each day an employee would have worked during the normal work week,
and shall be paid for at the rate an employee would have earned on that particular day, exclusive of overtime.
Sick leave may be used in quarter (¼) hour increments.
Employer may require verification of sick leave taken in excess of three (3) consecutive duty days. This does
not preclude the employer from requesting verification for an illness less than three (3) days if the employee has
shown a pattern that indicates misuse.
An employee who has been absent from duty due to injury, or absent from duty for three (3) or more consecutive
work shifts due to illness, may be required to have a physician’s release form turned in prior to return to duty.
Any employee who is off at the request of the employer because of an exposure to an infectious disease which
is documented from employer’s records (for example, hepatitis or COVID) shall be paid the regular salary for
all lost time, without loss of sick time, and the employee shall retain any benefit as it relates to an ELD period.
This provision shall include any time off the employee is required to take due to Federal, State, or Local
emergency orders or guidelines or a medical directive to an individual employee due to a medically mandated
reason relating to exposure to an infectious disease. Employer reserves the right to submit and receive worker’s
compensation benefits to reimburse the Employer its associated costs.
An employee disabled and absent from duty as a result of a work-related injury or illness incurred in the
employment of the City of Muskegon shall receive straight-time salary for their classification without deduction
from that employee’s accumulated sick leave for the period of disability and absence from work, but not to
exceed fifteen (15) calendar days commencing with the date of injury or illness which results in disability. All
Workers’ compensation indemnity benefits received during the fifteen (15) calendar day period shall be
supplemented by the Employer to a sum which equals the straight-time salary of the employee. The employee,
in conjunction with this benefit, shall elect, in writing, on a form to be provided by the Employer whether they
wish to receive workers’ compensation benefits only or workers’ compensation benefits supplemented by the
use of the employee’s accumulated sick leave as provided herein during the period of disability. That election
shall be made as soon as reasonably practicable but not later than the 15th calendar day following the employee’s
absence from work caused by the disability. The form for election will include written consent from the employee
for a deduction from gross wages, which shall be a single deduction for the full amount of any overpayment.
The Employer shall use its best efforts to process the employee’s reporting of the injury and all claims and notice
forms to the Employer’s Workers’ Compensation insurance carrier or self-insured fund administrator in the event
the employee elects to receive workers’ compensation benefits during this period. However, in the event the
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employee receives duplicate benefits in both wages and workers’ compensation indemnity during this 15-day
period, any overpayment will be reimbursed to the Employer by deduction from that employee’s wage
entitlement in full a sum equal to that permitted by MCL 408.477(2). The Employer’s bi-weekly pay rate
consisting of 14 days and the workers’ compensation indemnity rate based upon 7-day week shall be factored
for purposes of the calculation.
Any employee’s absence from work due to duty-connected disability for which they are receiving compensation
shall not be deducted from their sick leave unless they elect to be paid the difference between Worker’s
Compensation benefits and their normal wage or salary, to be paid out of the operating funds of the department
involved, in which even said employee’s earned sick leave shall be used at the rate of one-third (1/3) sick leave
day for each day of such service-connected disability until such sick leave accumulation has been exhausted. At
this time, such payments out of the department's operating funds shall cease unless the City Commission
authorizes an extension of leave. Checks for such service-connected disability will be issued only upon receipt
of a statement signed by the employer’s physician to the effect that the injured employee is unable to perform
their regular duties or such other temporary tasks available in the framework of the City functions.
In the event of a confining illness, and provided the sick leave accumulation has been exhausted, the City
Commission may authorize an extension of leave to the extent of five (5) days for each year of service, not to
exceed an additional sixty (60) working days. Provided, however, that, in the case of an employee who shall
have been in the City service for more than fifteen (15) years, such additional leave may be extended not to
exceed six (6) months instead of sixty (60) working days.
No compensation for sick leave will be authorized if the employee fails to notify the department at least one half
(1/2) hour before their normal starting time. After notifying their department of their need to take sick leave,
employees will not be permitted to change the type of leave taken from sick leave to vacation, personal leave or
compensatory time.
Upon termination of employment, under honorable conditions, accrued sick leave will be compensated at the
rate of one hundred percent (100%) of the value of the accumulated sick leave, providing the employee has
worked a minimum of twelve (12) months.
If an employee is absent from work due to duty-connected disability for a period of one-hundred-eighty (180)
calendar days from the date of injury, said employee will continue to accrue sick leave. This provision may be
extended past one-hundred-eight (180) days at the sole discretion of the Employer.
Employees may not be “out of pay status”. “Out of pay status” is defined as employees who exhaust accumulated
sick leave and are subsequently unable to report to work due to illness or disability will be subject to discipline
under civil service rules and regulations. An employee who has been granted an approved leave of absence will
be considered to be in “active pay status.”
Employees may request to voluntarily contribute their accumulated sick leave to another employee in need. Such
requests will be considered on a case-by-case basis by the City Manager. In the event where hourly rates of pay
of the affected employee differ by twenty percent (20%) or more, the number of hours added to the recipient’s
accumulated total will be adjusted to equalize the cost to the Employer.
In the event a Suppression Employee is offered and returns to perform light duty following a work-related injury
or illness on a Prevention Employee assignment, that employee will be entitled to all economic benefits,
including vacation, personal leave, if any, and overtime, if any, as established for existing employees working
in Prevention Employee assignments. In the event an employee fails to receive in that Prevention Employee
assignment wages equal to the average weekly wage earned at the time of injury and properly used to calculate
weekly workers’ compensation indemnity benefits, that employee shall receive partial workers’ compensation
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indemnity benefits as provided by the Workers’ Compensation Disability Act of this state.
Sick leave accruals shall be retained by an employee in each of the following cases: An employee who is absent
on leave without pay; an employee who transfers from one classification or department to another; or a classified
employee who is recalled from a layoff.
Sick leave will be taken only for the following reasons:
a. Any illness an employee may contract preventing them from performing normally and safely at work or
any exposure to contagious disease they may experience through which the health of others would be
endangered by their attendance on duty;
b. Any illness from contagious disease not duty-related which could affect the health of others;
c. Any injury or illness to the employee’s spouse, child, step-child, mother, father, mother-in-law, father-
in-law. At the discretion of the Public Safety Director, sick leave may be taken for injury/illness to other
relatives of the employee. The Employer may require verification of sick leave taken for these purposes;
or
d. Any non-duty disability an employee may sustain, except injury sustained while in the employ of
another, or an injury sustained during the commission of felony or high court misdemeanor by the
employee.
SECTION 13.2 PAID FAMILY LEAVE
Eligibility:
Employees who have worked for the City of Muskegon for at least 12 months.
Paid Leave:
For Suppression employees, the Employer shall provide ten (10) 24-hour shifts of paid leave at the employee’s
regular rate of pay for the following purposes:
Birth of an employee’s child and to care for the child.
Placement of a child with the employee for adoption.
This leave shall be used first (before sick or benefit time, not to include an ELD) and shall count towards the 12-
week leave provided by the Family Medical Leave Act.
For Prevention employees, the Employer shall provide twenty (20), eight (8) hour shifts of paid leave at the
employee’s regular rate of pay for the same purposes.
The time should be taken consecutively. However, the time may be taken nonconsecutively with the written
permission of the Public Safety Director in consultation with the Deputy Director.
ARTICLE 14 - BEREAVEMENT AND JURY DUTY LEAVE
SECTION 14.1 BEREAVEMENT LEAVE. In the event there is a death in the immediate family of any employee
consisting only of spouse, domestic partner, parent, grandparent, child, step-child, sibling, mother-in-law, father-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-parent and grandchild, such employee
shall be granted seventy-two (72) hours leave of absence with full pay. An employee shall be granted twenty-
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four (24) hours of bereavement leave with pay in the event of a death in the family of such employee other than
hereinbefore set forth. Bereavement Leave shall be able to be used, other than contemporaneously with the event,
upon approval of the Public Safety Director. Sick leave may be used for additional time off if necessary.
For Prevention Employees, “five (5) days” shall be substituted for “seventy-two (72) hours” and “two (2) days”
shall be substituted for “twenty-four (24) hours”.
If the employee worked an acting assignment on the employee's workday immediately preceding and
immediately following a bereavement leave, then the employee shall receive acting assignment pay during the
bereavement leave. Any and all grievances or claims, whether filed or unfiled during the preceding contract,
involving acting assignments shall be waived.
SECTION 14.2 JURY DUTY LEAVE. An employee who is summoned and reports for jury duty as prescribed
by applicable law, shall be paid by the employer an amount equal to the difference between the amount of wages
the employee otherwise would have earned by working during straight time hours for the employer on that date,
and the daily jury duty fee paid by the courts, not including travel allowances or reimbursements of expenses,
for each day on which they report for or performs jury duty, and on which they otherwise would have been
scheduled to work for the employer.
ARTICLE 15 - INSURANCE
SECTION 15.1 LIFE INSURANCE
During the life of this Agreement, the Employer will provide and pay for a term life insurance policy
with a face amount equal to the employee's straight time annual salary, so long as the employee is
eligible for coverage and is employed by the Employer. The City of Muskegon will not provide life
insurance for retirees formerly covered by this Agreement.
SECTION 15.2 DENTAL AND VISION INSURANCE
During the life of this Agreement, the Employer will provide and pay for a dental and vision plan for
all eligible employees and dependents including spouse.
SECTION 15.3 HEALTH INSURANCE
During the life of this Agreement, the Employer will offer two health insurance plans to choose from
to every eligible employee. The plan the employee chooses will also cover the employee's dependents
including spouse. Each eligible employee will have an opportunity to change options at the annual
enrollment period, which is held during the month of May with a June 1 effective date. The employer
will offer an HMO, with benefits subject to change by the HMO. The employer shall offer a self-
funded major medical plan with a cap of $500,000. The lifetime maximum under the self-funded plan
begins accruing when the employee chooses the self- funded plan. Either as an active employee or a
retiree, whichever comes first. the lifetime major medical cap is:
MAJOR MEDICAL CAP
Prior 1/1/95 - 12/31/2002 $100,000
1/1/2003 - 12/31/2007 $250,000
1/1/2008 - Present $500,000
Dependents are eligible for health insurance until the month in which the dependent turns age 26.
Dependent children required to be covered by the employee's health insurance carrier pursuant to a
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court order shall be enrolled in the health plan per the date required by the court, as long as the employee
is eligible and has signed up for employee health insurance benefits.
Employees shall contribute ten percent (10%) of the healthcare premium of the applicable single,
double, or family plan as well as ten percent (10%) of the Employer Paid Benefits (defined as the
deductible and co-insurance).
The Employer shall cover the balance of the healthcare premium and Employer Paid Benefits for single,
double, or family coverage.
The Employer Paid Benefits shall be calculated based on the actual amount paid out by the Employer
in the previous year divided by the number of employees in the Employer participating in the healthcare
plan and then divided by 26 pay periods. For Example: In 2023 the Employer paid out $431,064.04 in
deductible and co-insurance benefits and in 2024 the cost per pay period was broken down as follows:
Single: $36.90 ($28.44 Premium & $8.46 employer paid benefit)
Double: $72.44 ($63.98 Premium & $8.46 employer paid benefit)
Family: $85.24 ($76.78 Premium & $8.46 employer paid benefit)
If the insurance renewal comes back with a 12% increase in one single year, the contract may be re-
opened for both parties to negotiate the Employer’s contribution to the co-insurance and deductible.
SECTION 15.4 PRESCRIPTION DRUG PLAN
During the life of this Agreement, the prescription drug co-pay for employees covered by the self-
funded/master medical plan shall be $20 for generic and $40 for brand name drugs. During the life of
this agreement, the prescription drug co-pay for employees covered under the HMO shall be the amount
determined by the HMO. The drug rider shall be maintained for and on behalf of the employees and
their dependents including spouse.
SECTION 15.5 RETIREE HEALTH INSURANCE
The Employer shall offer a health plan for all retirees, spouses and dependents. Spouses and dependents
must be covered under the active employee health insurance plan at the time of retirement to be eligible
for retiree coverage. Retirees and spouses are eligible for retiree health insurance coverage until they
reach age 65. Dependents are eligible for coverage until the end of the month in which they turn age
26. The Employer’s obligation to provide retiree health insurance, and prescription is limited to the
retired employee, spouse of the retiree at the time of retirement, and dependent children of the retiree
at the time of retirement. No spouse or dependent may be added after retirement.
Employees shall receive Medicare Supplement for retirees after they attain age sixty-five (65).
Effective January 1, 2002, insurance for retirees shall be coordinated with Medicare in such a way as
to require payment from Medicare first.
Retiree Prescription Coverage Table is as follows:
Effective 1/1/1993 - $2 Generic/$5 Brand
Effective 1/1/2003 -$20 Generic/$30 Brand
Effective 1/1/2005 - $20 Generic/$40 Brand
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Employees hired on or after 1/1/2008 will not receive
retiree prescription drug coverage
Effective 1/1/2012 - Rx not covered for retirees over age 65
SECTION 15.6 POST-RETIREMENT HEALTH BENEFITS
MERS Defined Benefit Plan
For employees who are members of the MERS defined benefit plan at the time employment ceases,
notwithstanding anything to the contrary, except to the extent the employee qualifies for immediately payable
benefits from the MERS defined benefit plan, including disability benefits, retiree health benefits will be limited
as follows:
10 years of service 50% of retiree health benefit
15 years of service 75% of retiree health benefit
20 years of service 100% of retiree health benefit
Defined Contribution Plan
For employees who are members of the defined contribution retirement plan at the time employment ceases,
notwithstanding anything to the contrary, except to the extent the employee is age 53 with 25 years of service or
is age 55 with 10 years of service or is receiving disability benefits provided by the Employer, retiree health
benefits will be limited as follows:
10 years of service - 50% of retiree health benefit
15 years of service - 75% of retiree health benefit
20 years of service - 100% of retiree health benefit
SECTION 15.7 HCSP CONTRIBUTION. New Full-time employees hired after July 1, 2010, will not
receive a health insurance plan after retirement. For an employee who is not eligible to receive a retiree
health insurance plan, they shall have a Health Care Savings Plan (HCSP) that both the employee and
the Employer contribute towards. The Employer will match a mandatory four percent (4%) employee
contribution into a Health Care Savings Plan (HCSP).
For an employee who is eligible to receive a retiree healthcare plan, they shall have a Health Care
Savings Plan that only the Employee contributes towards. The employee’s contribution towards the
HCSP may be changed by the affected employee group via written request and approved by the City
Commission.
SECTION 15.8 ELIGIBILITY AFTER DECEMBER 31, 2027
Any employee who is a member of a defined benefit retirement system and retires after December 31,
2027, shall not be eligible for retiree health care.
ARTICLE 16-HEALTH AND WELFARE
Section 16.1. The Public Safety Director shall make reasonable provisions for the safety and health of the
employees during the hours of their employment, and shall provide protective devices and other equipment
necessary to protect the employees from injury and sickness in conformity with statutory requirements.
Section 16.2. There shall be established a labor-management committee consisting of an equal number of Union
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and Employer representatives for health and safety issues.
Section 16.3 PHYSICAL AND HEALTH SCREENING. The Employer shall provide an NFPA 1582 Compliant
Physical each year to all employees. The Physical shall consist of (but not limited to) the following:
Medical Exam:
Hands-on Exam
Vitals
Medical History
Vision Exam
Audiometric Exam
Hemoglobin A1C
Blood Analysis
40 Panel blood profile
Urine Analysis
Pulmonary Function Test
Chest X-Ray (every 5 years at a minimum)
Resting EKG
Infectious Disease Screening Including:
Tuberculosis (TB) QuantiFERON (blood) Test
Hepatitis A,B,C Testing
HIV Screening
Basic Cancer Screening Including:
PSA (Prostate Specific Antigen) Blood Test
Ovarian Cancer Screening CA-125
Fecal Occult
Urine Micro Analysis (Cytology)
Chest X-Ray (as noted)
The Physical shall not be mandatory and the Employer shall not be entitled to receive any of the results. The
results shall not be grounds for discipline/termination of any kind.
The Employer shall also provide a Health/Cancer Screening every other year (or per medical guidelines) to all
employees. The Health/Cancer Screening shall include the following options:
Cardiovascular Ultrasound
Comprehensive Ultrasound including, but not limited to:
Carotid Artery
Abdomen
Liver
Spleen
Gallbladder/Bile Duct
Kidneys
Abdominal Aorta
Thyroid
Urinary Bladder
Testicular Ultrasound
TVUS (Uterus, Fallopian Tubes, Ovaries)
HAZMAT Blood and Urine Testing
Stress EKG
BMI
Individual Health Risk Appraisal
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This Health/Cancer Screening shall not be mandatory, and the Employer shall not be entitled to receive any
results of the screenings. The results shall not be grounds for discipline/termination of any kind.
ARTICLE 17- UNIFORM ALLOWANCE
The Employer shall provide such uniforms and shoes as needed. When shoes need to be replaced, the employee
shall select black shoes or boots up to a maximum reimbursement of $200.00 Receipts are to be turned in to the
Fire Chief for proper reimbursement.
The Employer shall clean uniforms for bio-hazardous material. All other cleaning shall be the responsibility of
the employee, however the employee may use the Employer provided washing machines and dryers.
The Union and Employer agree that the Employer will provide each member with NFPA compliant structural
firefighting boots. Should the member wish to purchase boots different than what is provided by the Employer,
they are permitted to do so and the Employer will contribute $400 towards the purchase, subject to the following:
a. The Employer reserves the right to determine the need for new boots.
b. The boots selected must be NFPA compliant.
c. The member must purchase the boots using one of the following methods:
i. Invoice the Employer;
ii. Use City credit card; or
iii. Submit a receipt for reimbursement if there is a cost savings to the Employer and receive
management approval prior to purchase.
By purchasing boots, the member agrees to compensate the Employer for any costs in excess of $400.
ARTICLE 18 - MAINTENANCE OF CONDITIONS
SECTION 18.1 TERMS IN EFFECT. Wages, hours and conditions of employment in effect at the execution of
this agreement shall, as contained herein, be maintained during the term of this agreement.
SECTION 18.2 UNILATERAL CHANGES PROHIBITED. The Employer shall make no unilateral changes in
wages, hours and conditions of employment during the term of this agreement.
SECTION 18.3 RELATION TO REGULATIONS, ETC. This Agreement shall supersede any local rules and
regulations inconsistent herewith. Insofar as any of the provisions of the Agreement shall conflict with any
ordinance or resolution of the City Commission, appropriate action shall be taken to render such ordinance or
resolution compatible with this agreement.
SECTION 18.4 LABOR-MANAGEMENT COMMITTEE. There shall be established and maintained a labor-
management committee consisting of three union members and three management representatives to discuss
matters of conflict with this agreement not covered by the grievance procedure hereinafter set forth.
For such matters not previously subject to contract negotiations, the labor-management committee may consider
those matters which fall within generally recognized negotiable subjects as a basis for a supplemental agreement
subject to further ratification by the respective parties. The effective date of any such supplemental agreement
shall not exceed the contract period of the current major agreement.
SECTION 18.5 ADVANCEMENT. No employee shall be classified to a vacant higher position on a permanent
basis without having passed an examination for such higher position and properly placed on the eligibility list.
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SECTION 18.6 MASTER MECHANICS AND ASSISTANT MECHANICS. As of January
1, 2019 there are to be three (3) Assistant Mechanics. The Employer is not required to fill the position of Master
Mechanic. The Assistant Mechanics shall be scheduled on a shift, as is the current practice.
"Minor repairs" will be performed by the Assistant Mechanics. Major repairs may be contracted out by the
Employer. If no Assistant Mechanic is present, "minor repairs" may be performed by other members in the
bargaining unit. If other members in the bargaining unit are required to perform "minor repairs", the member
shall be paid equal to the rate for Assistant Mechanic for the time spent performing "minor repairs". "Minor
maintenance" will be performed by any member of the bargaining unit at their regular rate of pay.
"Minor repairs" shall be defined as diagnosing causes of equipment or vehicle malfunction and determining
necessary repairs; repair or replacement of locks and latches, cables, doors, lighting fixtures, sirens, firefighting
equipment such as pumps, valves, plumbing, hose and nozzles, axe and other handles, chain saws, ladders, smoke
ejectors, generators, and rescue equipment; repair of station equipment such as lawn mowers, snow plows or
blowers, other grounds maintenance equipment, heating and cooling units, and air compressors.
"Minor maintenance" shall be defined as cleaning, lubricating, and testing apparatus and equipment including
replacing light bulbs and checking fluid levels.
ARTICLE 19 - DISCIPLINARY ACTION
Disciplinary action shall be processed in accordance with the procedure prescribed in the Civil Service
Commission Rules and Regulations, Rules 10 and 12. No permanent employee shall be removed, discharged,
reduced in rank or pay, suspended or otherwise penalized except for cause and in no event until the employee
and the Union shall have been furnished with a written statement of the charges and reasons for such action. All
charges shall be void unless filed within 10 business days after the Employer has knowledge of the occurrence
of the alleged violation. In any trial board proceedings, the employee shall have reasonable time to prepare for
the defense against the charges preferred and shall have the right of counsel and shall be afforded due process.
The decision of the Civil Service Commission may be appealed to arbitration. Notice of intent to arbitrate such
matters shall be received by the Employer within 10 business days after receipt of the formal decision of the
Civil Service Commission. The cost of an appeal on a disciplinary action to arbitration shall be borne by the
losing party.
ARTICLE 20 - GRIEVANCE AND APPEAL PROCEDURE
SECTION 20.1 DEFINITION. A grievance is any dispute, controversy or difference between the Employer and
employees or the Union regarding the meaning, interpretation or application of expressed terms and provisions
of this Agreement.
SECTION 20.2 TIME LIMITS. The time limits outlined below are meant to be binding unless extended by
mutual agreement. Any grievance not initiated, taken to the next step or answered within the time limit shall be
considered settled on the basis of the last answer by management if the Union does not move to the next step
within the time limits. If the Employer does not comply with the time limits, the grievance moves to the next
step of appeal.
Step One
The Union may initiate a grievance by reducing the grievance to writing and presenting it to the department head
or their designate. No grievance shall be considered timely unless it is filed within 10 calendar days of the
occurrence upon which the grievance is based. The department head shall act upon a grievance within 10 calendar
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days of the time they received it. They shall reduce their answer to writing on the grievance form and shall return
the grievance to the filing party.
Step Two
If the filing party is not satisfied with the disposition made by the department head, the grievance may be
transmitted within ten (10) calendar clays by the Union to the City Manager or designee. The City Manager or
designee shall render the written disposition of the grievance within fifteen (15) calendar days after presentation.
Step Three
If the grievance is not adjusted by any of the above steps, the Union may, within fourteen (14) calendar days
after receipt of the written answer from the City Manager or designee, give notice of its intent to submit the
grievance to arbitration by filing with the Michigan Employment Relations Commission. In the event the
Employer and the Union cannot agree on a choice of an arbitrator within fourteen (14) calendar clays after the
Union has notified the Employer of its intent to arbitrate, the parties shall then obtain a panel of five names from
the Michigan Employment Relations Commission. The arbitrator shall then be selected from the panel of this
list until only one remains. The arbitrator shall have jurisdiction and authority only to interpret, apply and
determine compliance with this agreement and shall not add to, subtract from or alter in any way its provisions.
The arbitrator's decision shall be final and binding on both parties.
In the event a case is appealed to an arbitrator and they finds they have no power to rule on such case, the matter
shall be referred to the parties without decision or recommendation on the merits of the case. The decision of the
arbitrator in any case may not require retroactive wages in another case. The fees and expenses of an arbitrator
and cost of the place of such hearing as is selected by mutual agreement of the parties will be equally divided
between the Employer and the Union. The parties shall bear individually the cost of presenting their respective
cases in arbitration with the exception of matters of disciplinary action on appeal from Civil Service.
SECTION 20.3 OTHER REMEDIES. The grievance procedures provided in this agreement shall be
supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee
by law. The exception to this section is that at no time shall the grievance procedures provided in this agreement
and the City of Muskegon Civil Service Rules and Regulations resolution procedures be used for the same
conflict.
ARTICLE 21 - PREVENTION EMPLOYEES
Uniformed members of the Muskegon Fire Department assigned to a 40-hour work week schedule shall in lieu
of the leave and holiday schedule benefits accorded in this agreement, receive all benefits afforded to Prevention
Employees as agreed upon in this contract.
ARTICLE 22 - COST-OF-LIVING
The cost-of-living allowance previously included in collective bargaining agreements between the Union and
the Employer shall be frozen during the term of this agreement and no cost-of-living allowance payments shall
be made by the Employer.
ARTICLE 23 - CIVIL SERVICE - REOPENER
The parties agree that if, during the life of this contract, the Charter of the City of Muskegon is amended to the
effect that the Civil Service Commission is either abolished or established in some fashion other than by Charter,
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this contract may be reopened for negotiations upon the request of either party. The negotiations conducted
pursuant to said reopener shall be specifically limited to areas previously within the exclusive jurisdiction of the
Civil Service Commission of the City of Muskegon.
ARTICLE 24 - DEFINED BENEFIT RETIREMENT PLAN
SECTION 24.1 ELIGIBILITY. The Defined Benefit Plan is applicable to unit members hired on or before
January 1, 2005.
SECTION 24.2 TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT
SYSTEM. Effective April 1, 2007, the assets and liabilities (including prior service time with the City) of the
City of Muskegon Police Retirement System associated with Employer employees represented by Muskegon
Fire Fighters shall be transferred to the Municipal Employees Retirement System (MERS). Employees shall no
longer have any rights from claims against or participation in the City of Muskegon Police-Fire Retirement
System.
SECTION 24.3 CONTRIBUTION RATE. Employees shall contribute six percent (6%) of compensation as
defined by MERS.
SECTION 24.4 RETIREMENT BENEFIT. A Firefighter who retires after April 1, 2007 and before May 1, 2020,
shall be entitled to a retirement benefit based upon a multiplier of 2.75 % of the member's final average
compensation (MERS FAC-3), not to exceed 85% of the member's final average compensation. Employees shall
also be entitled to the MERS RS50 spousal benefit.
An employee who retires on or after May 1, 2020 shall receive a bridged benefit as follows:
A pension multiplier of 2.75% for service through April 30, 2020 times the employee's "frozen final
average compensation." "Frozen final average Compensation" is defined as the highest compensation in 36
consecutive months between the date of hire and April 30, 2020.
A pension multiplier of 2.50% for service on or after May 1, 2020 times the employee's "termination
final average compensation." "Termination final average compensation" is defined as the highest compensation
in 36 consecutive months between the date of hire and the date of separation.
Any employee that participates in one of the early retirement benefits described in Section 24.14 shall
be eligible to serve as a part time and/or paid-on-call firefighter for the City of Muskegon.
SECTION 24.5 DEFERRED RETIREMENT. Effective April 1, 2007, a former Firefighter who is vested
(MERS V-10) and is entitled to a defined retirement benefit shall receive those deferred benefits afforded by
MERS. A member who elects to receive a deferred retirement shall receive the benefit that was in place at the
time they left employment.
SECTION 24.6 DISABILITY BENEFITS. Effective April 1, 2007, a Firefighter eligible for disability benefits,
as determined by MERS, shall receive those disability benefits afforded by MERS (MERS D-2).
SECTION 24.7 RETIREMENT ELIGIBILITY. Employees are eligible to retire at age fifty-three (53) with
twenty-five (25) years of service (MERS F53/25).
SECTION 24.8 WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent allowed by MERS, a
Firefighter who retires may elect to be paid a refund of the accumulated contributions standing to the member's
credit at the effective date of retirement. Upon election of this refund provision, the retiree's MERS pension
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payment options shall be reduced by an amount that is actuarially equivalent to the refunded accumulated
contributions.
SECTION 24.9 OUTSTANDING SICK LEAVE. Accumulated sick leave hours paid out at retirement at one-
half rate under Article 13 (m) will be re-classified as vacation time for purposes of computing the final average
compensation reported to MERS. The maximum number of reclassified sick leave hours included in the
Employee's FAC computation will be 216 hours (144 hours for 40-hour per week employees).
Effective January 1, 2015, employees shall be permitted to include in final average compensation a total of 240
hours for 40-hour employees and a total of 324 hours for 54-hour employees, of payout for unused vacation
and/or sick time reclassified as vacation.
SECTION 24.10 POST-RETIREMENT BENEFIT ESCALATOR.
The City Commission will decide each year whether and to what extent a MERS Flexible E post retirement
benefit shall be given.
SECTION 24.11 PURCHASING ADDITIONAL SERVICE CREDIT. To the extent allowed by MERS,
members may purchase additional service credit at actuarial cost.
SECTION 24.12 LONG TERM DISABILITY INSURANCE. The Employer will provide long-term disability
insurance for members in the Defined Benefit retirement plan as long as coverage is available through a
commercial carrier.
SECTION 24.13 EARLY RETIREMENT BENEFITS. The Employer shall open and fund the following early
retirement benefit windows:
F22/49. To be open from November 1, 2018 to December 31, 2018. Employees wishing to access this
benefit shall provide Notice of Intent by December 31, 2018. Once notice of intent is given, affected employees'
sick and vacation banks would be frozen so as to ensure complete staffing for the months of October-December;
only prescheduled vacation, PLD, and ELD (day off in 240-hour cycle) days would be authorized.
20 and Out. To be open from December 1, 2019 through April 30, 2020. Employees wishing to access
this benefit shall provide Notice of Intent by May 31, 2019. Once notice of intent is given, affected employees'
vacation banks, and sick banks in excess of 72 hours, would be frozen so as to ensure complete staffing for the
months of December-April; only prescheduled vacation and personal days would be authorized. Employees
accessing this benefit agree to work the 10th day in all 240-hour cycles commencing after May 31, 2019 for
double-time pay as set forth in Article 9.
ARTICLE 25 - DEFINED CONTRIBUTION RETIREMENT PLAN
SECTION 25.1 ELIGIBILITY. The Defined Contribution Retirement Plan shall apply to all members of this
unit that entered the unit after January 1, 2005 or any employee who has opted to quit the Defined Benefit
Retirement Plan and opted to join the Defined Contribution Retirement Plan. The decision to opt out of the
Defined Benefit Retirement Plan and to join the Defined Contribution Retirement Plan is irrevocable.
SECTION 25.2 CONTRIBUTIONS. All members in this plan shall contribute eight percent (8%) of
compensation and the Employer shall contribute fifteen percent (15%) of compensation. Compensation shall be
Medicare taxable wages as reported on the employee's W-2.
SECTION 25.3 VESTING. Member contributions, including any member contributions transferred from the
Defined Benefit Retirement Plan, shall be fully vested immediately. Employer contributions, including any non-
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member contribution transferred from the Defined Benefit Retirement Plan, shall become vested according to
the following schedule:
20% after the first full year of service.
40% after the second full year of service.
60% after the third full year of service.
80% after the fourth full year of service;
100% after the fifth full year of service.
A year of coverage will include time on the Employer’s payroll as a member of the Defined Benefit Retirement
Plan.
SECTION 25.4 LONG-TERM DISABILITY. Effective on the first day of the month after enrollment, a long-
term disability insurance policy shall be provided for members of this unit who are members of the Defined
Contribution Retirement Plan.
SECTION 25.5 INTERNAL REVENUE CODE COMPLIANCE. This plan shall fully comply with all Internal
Revenue Code provisions, regulations, and rulings. To the extent that there is a conflict, the Internal Revenue
Code supersedes any collective bargaining agreement provision.
ARTICLE 26 - TECHNOLOGICAL CHANGE
No less than sixty (60) days prior to the introduction or implementation of major or substantial technological
changes to the operation of the City of Muskegon Fire Department, the Employer shall, in writing, notify the
Union of the nature and type of changes which are proposed. The Employer and the Union shall promptly meet
and confer with regard to the advisability, nature and impact of said changes. The Union shall have the right to
comment upon the proposed changes but following the expiration of sixty (60) days following written notice,
the Employer may implement said changes. Any alleged violations of the expressed terms of the collective
bargaining agreement may be the subject matter of a grievance or grievances.
ARTICLE 27 - RESIDENCY
All employees who are members of this bargaining unit are free to maintain their residence at any location.
The Union acknowledges that the Employer may adopt, amend, modify, or eliminate any incentive plan to
encourage employees to live in the City of Muskegon. For purposes of any incentive, the Employer reserves the
right, in its sole discretion, to determine whether an employee is a resident. Unit members are eligible for the
same residency incentives offered, if any, to non-represented employees.
ARTICLE 28 - PROBATIONARY PERIOD
The probationary period is one (1) year.
ARTICLE 29 - CERTIFICATIONS
All employees shall be required to obtain EMT-Basic and Firefighter Level II status by the conclusion of
probation and to maintain such, as a condition of employment. Employees shall be allowed release time or
training pay to obtain and maintain Firefighter Level I and II, MFR and EMT-Basic.
If an employee does not have the Firefighter Level II and MFR certifications, they shall not count towards daily
staffing levels.
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The City shall make progressive steps toward upgrading its State of Michigan Life Support Agency License from
MFR level to EMT-Basic level.
ARTICLE 30 - MISCELLANEOUS
Each non-resident employee covered by this Agreement shall be provided two (2) Non-Resident Seasonal
Beach Parking passes every year. Each resident employee covered by this Agreement is entitled to receive a
maximum of two (2) Resident Seasonal Beach Parking passes per year, including any passes granted based on
their residency
ARTICLE 31 - PHYSICAL FITNESS
All employees will be prohibited from tobacco use, including vaping, while on duty.
Any employee caught using tobacco or vaping while on duty shall receive disciplinary action. This offense shall
be treated as a Group 1 offense pursuant to Rule 10 of the Civil Service Commission Rules and Regulations.
Employer shall contribute up to $1,000 annually to buy and/or maintain physical fitness equipment and/or bank
an agreed upon amount, for an agreed upon use for physical fitness equipment, subject to a 50/50 match by the
Union.
ARTICLE 32 - DRUG TESTING
The City's Drug and Alcohol Policy shall be applicable to employees covered by this contract. A copy of the
policy is attached as Appendix B.
ARTICLE 33 - PROMOTIONS
SECTION 33.1 CIVIL SERVICE. The following are the procedures for promotions:
PROMOTION TO ENGINEER: The Procedure for promotion of the Engineer position shall be negotiated
between the City and Union after the Civil Service Commission approves the Job Description for Engineer.
PROMOTION TO LIEUTENANT
Group 1: Two (2) years, uniformed experience with MFD and Fire Officer I, and NIMS 300, or an equivalent
recognized by the State of Michigan.
Group 2: All non probationary uniformed employees with Fire Officer I, or equivalent recognized by the State
of Michigan, and Group 1.
Group 3: All uniformed employees with two (2) years of experience on MFD, and Groups 1 and 2.
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO CAPTAIN
Group 1: Two (2) years uniformed experience as a Lieutenant with MFD and Fire Officer I and II, and NIMS
300 and 400, or an equivalent recognized by the State of Michigan.
Group 2: All uniformed Lieutenants with Fire Officer I, or an equivalent recognized by the State of Michigan,
and Group 1.
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Group 3: All uniformed employees, with four (4) years of experience on MFD and Fire Officer I and Groups 1
and 2.
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO BATTALION CHIEF
Group 1: Two (2) years uniformed experience as Captain with MFD and Fire Officer III, NIMS 300 and 400,
or equivalent recognized by the State of Michigan.
Group 2: All uniformed Captains with MFD with Fire Officer I and II, or equivalent recognized by the State of
Michigan, and Group 1.
Group 3: All uniformed Lieutenants with 2 years of experience with MFD and Fire Officer I and II, or an
equivalent recognized by the State of Michigan, and Groups 1 and 2.
Group 4: All uniformed Lieutenants with MFD and Fire Officer I, II or equivalent recognized by the State of
Michigan, and Groups 1 & 2.
Group 5: All uniformed employees with 4 years of experience with MFD and Fire Officer I, and Groups 1, 2,
and 3.
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO ASST. MECHANIC
An updated procedure for promotion to the Assistant Mechanic position shall be negotiated between the
Employer and Union after the Civil Service Commission approves the Job Description for Engineer.
Group 1: All employees with two (2) years, uniformed experience with MFD and NFPA/FFTC approved
Pump Operations Class.
Group 2: All non probationary uniformed employees with an NFPA/FFTC approved Pump Operations Class,
and Groups 1 and 2.
Group 3: All employees with two (2) years, uniformed experience with MFD.
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO MASTER MECHANIC
Group 1: Two (2) years uniformed experience as Assistant Mechanic with MFD and Fire Officer I.
Group 2: All uniformed Assistant Mechanics with MFD with Fire Officer 1, and Group 1.
Group 3: All uniformed Engineers with MFD, and Groups 1 and 2.
Group 4: All Employees with four (4) years uniformed service with MFD with Fire Officer I, and Groups 1, 2
and 3.
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Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO FIRE INSPECTOR
Group 1: Two (2) years, full-time uniformed experience with MFD and Fire Officer I.
Group 2: Two (2) years, full-time, uniformed experience with MFD
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
PROMOTION TO FIRE MARSHAL
Group 1: Two (2) years uniformed experience as Fire Inspector with MFD, Certified Fire Inspector I.
Group 2: All uniformed Fire Inspectors with MFD, and Group 1.
Group 3: All uniformed employees with two (2) years of service with MFD, and Groups 1 & 2.
Written Exam: Minimum score of 70%
Oral Exam: Minimum score (pass/fail) of 70%
SECTION 33.2 MISCELLANEOUS.
Seniority up to 10 points (1 year service= ½ point) - full year on anniversary.
Probation period in the new position will verify performance in that job. The probation period will be One (1)
year for the Assistant Mechanic and Master Mechanic Positions and Six (6) Months for all other positions and
during such time the Employer or employee may choose to demote or transfer to the previous rank held.
All exams used (written and oral) shall be validated exams.
Uniformed experience is per contract Article 2 - Coverage, and years of experience shall be defined the same
as seniority rules in Article 12 – Seniority.
Employer shall use Rule of 3 in promotions.
Employer shall complete the promotion process within 90 days of a command or specialty position vacancy.
SECTION 33.3. ANNUAL PROMOTIONAL EXAMINATIONS.
When the Engineer Position is created and filled, then it shall replace “Assistant Mechanic” in the section
below.
There will be annual promotional examinations for the ranks of Lieutenant and Assistant Mechanic. Those
employees passing these examinations will be added to the eligible lists. The remaining ranks will be tested on
an as-needed basis.
On or about October 31st of each year, the Civil Service shall provide an announcement indicating the month
of the upcoming scheduled examinations as well as the expected schedule for the Civil Service examination
process for the classifications of Lieutenant and Assistant Mechanic.
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All test dates set by Civil Service shall be final. Exceptions may be granted on a case-by-case basis after Civil
Service, the Public Safety Director, and the Union meet and confer. Vacation scheduling shall not be
considered to be a basis to grant an exception.
SECTION 33.4 PREVENTION AND SUPPRESSION
Time working in a Prevention position shall not count towards a time requirement for a promoted Suppression
position.
SECTION 33.5 SPECIALIZED PROMOTED POSITIONS. Notwithstanding any other provision, an
employee may not request a demotion,from a specialized promoted position, i.e., Fire Inspector, Fire Marshal,
Assistant Mechanic or Master Mechanic, to any other position until the employee has completed two (2) years
in the specialized position. After two (2) years in a specialized position, an employee may return to a
previously held lower paying position, if there is an opening. The prohibition on a voluntary demotion from a
position is not applicable to the probationary period.
SECTION 33.6 RANK EFFECTIVE JANUARY 1, 2019
The Employer is committing to fill/staff three (3) Battalion Chief Positions, three (3) Assistant Mechanic
Positions, and nine (9) Lieutenant Positions, as well as one (1) Fire Marshal Position.
ARTICLE 34 GENERAL
SECTION 34.1 NO STRIKE CLAUSE. The Union agrees that it will not strike, nor shall it authorize or consent
to a strike by any of its members during the life of this agreement. The employer agrees that there shall be no
lockout during the period of this agreement.
For the purpose of this agreement, the word "strike" shall mean the conceited failure to report for duty, the willful
absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful
and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a
change in the conditions, or compensation, or the rights, privileges or obligations of employment.
SECTION 34.2 SEPARABILITY This agreement is subject to the laws of the State of Michigan with respect to
the powers, rights, duties and obligations of the Employer, the Union, and the employees in the bargaining unit,
and in the event that any provision of this agreement shall at any time be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided
therefore, such provision shall be void and inoperative; however, all other provisions of this agreement shall,
insofar as possible, continue in full force and effect.
SECTION 34.3 MUTUAL AGREEMENT ON CHANGES IN CONTRACT. If, prior to the
expiration of the agreement, any Article or Section of this agreement is found to be inconsistent or unworkable,
changes can be made if there is mutual agreement between the Employer and the Union.
SECTION 34.4 DISTRIBUTION OF AGREEMENT. A copy of this agreement shall be distributed by the
Employer to each employee covered by this agreement. Additional copies of the contract shall be sold to the
Union at cost, if not objected to by the Employer’s printer.
ARTICLE 35 - DURATION
SECTION 35.1 DURATION. This agreement shall be effective the 1st day of January,2024, and shall remain in
36
full force and effect to and including June 30, 2028.
SECTION 35.2 EXTENSIONS. In the event that negotiations extend beyond the said expiration date of this
agreement, the terms and provisions of this agreement shall remain in full force and effect pending agreement
upon a new contract.
ARTICLE 36 -PART-TIME EMPLOYEES
The Employer may use non-bargaining part-time employees under the following conditions:
The Employer may employ part-time non-bargaining unit firefighter personnel.
The Employer shall not employ non-bargaining unit personnel during any time that the Employer has any
existing full-time personnel on lay-off.
Non-bargaining personnel are prohibited from working more than 128 hours in a 28-day work period.
Non-bargaining personnel may be used to respond to all Muskegon Fire Department incidents, including
mutual and automatic aid responses.
Part-time personnel shall not serve as an acting officer.
Full-time personnel shall always have the first opportunity to work any overtime assignments.
Effective January 1, 2024, Non-bargaining personnel may not be utilized if less than 30 full-time Suppression
Employees are employed by the Employer; this number may be as low as 28 so long as the city is actively hiring
to fill vacant positions. Effective January 1, 2026, Non-bargaining personnel may not be utilized if less than 33
full-time Suppression (Employees are employed by the Employer; this number may be as low as 30 so long as
the Employer is actively hiring to fill vacant positions.
Non-bargaining personnel may be used to assist the Fire Marshal.
ARTICLE 37-SHIFT AND STATION PICKS
The picks will be made by seniority with the most senior person picking first, regardless of position held, and
continuing until the person with the least amount of seniority picks.
The Battalion Chiefs may pick shift only, one per shift, and will be assigned to Central Station.
The Captains may pick shift and station, only one per shift and one per station.
The Lieutenants may pick shift and station, only one per shift and one per station.
The Mechanics may pick shift only, one per shift, and will be assigned to Central Station.
The Engineers may pick shift, station, and apparatus. One per in-service apparatus.
The Firefighters may pick available positions by shift and station under the following guidelines:
Probationary Firefighters will be assigned to E-23.
Personnel may be temporarily reassigned due to staffing or training needs.
37
The picking of shifts and stations will commence on October 15th and be completed no later than November 1st
. Local #370 IAFF officers will be making contact with all personnel. After being contacted, in person or by
phone, each employee will have four hours to make their choice. If the employee fails to choose within this
timeframe, the employee may be assigned a position.
ARTICLE 38 - SOCIAL SECURITY
The Parties agree that the Employer will not petition the State to participate in Social Security.
ARTICLE 39 - EDUCATION ASSISTANCE
Section 39.1 TUITION REIMBURSEMENT
Employees shall be eligible for the Employer’s Tuition Reimbursement Program.
Section 39.2 EDUCATION REIMBURSEMENT AGREEMENT. The Employer agrees to modify the
existing Tuition Reimbursement Program so that it shall allow for reimbursement to be applied to the tuition and
expenses for courses other than degree courses, to include Job Related Certification Courses and Job-Related
Courses with a Certificate of Completion.
Employees shall be eligible for the Employer’s Tuition Reimbursement Program.
ARTICLE 40 - TRAINING
The Employer agrees that for employees who are approved to attend a job-related training and who are also
approved for release time, or pay, or compensatory time, or who are approved for any expenses for that training
to be covered by the employer, the following shall apply:
While traveling to or from and while attending the training, they shall be acting as an employee of the Employer.
Employees shall be allowed to use their turnout gear, self-contained breathing apparatus (SCBA), and any
relevant equipment as is necessary to the training, as long as their use of the equipment does not create a shortage
for normal operation. Employees shall not be held personally responsible or liable for damage done to the gear
or equipment during travel or training provided that equipment shall be used as intended.
Receiving funds through the tuition assistance program shall not count as approval to attend the training.
IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized representatives:
CITY OF MUSKEGON, MICHIGAN
a Municipal Corporation LOCAL 370 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
BY:___________________________ also known as Muskegon Fire Fighters Ass’n
Kenneth Johnson, Mayor
BY:______________________________
BY:___________________________ Michael Hewartson, President
Ann Meisch, Clerk
BY: ______________________________
Dennis Barnum, Vice President
Date: _________________________
Date:______________________________
38
Appendix A
CITY OF MUSKEGON/FIREFIGHTERS LOCAL 370
2024-2028 SALARY SCHEDULE
39
2024 Salary Range
Wage Scale Reset Start Year 1 Year 2 Year 3 Year 4
FIREFIGHTER $ 64,367 $ 67,755 $ 71,321 $ 75,075 $ 79,026
ENGINEER $ 81,000
INSPECTOR $ 86,000
ASSISTANT
MECHANIC $ 86,000
LIEUTENANT $ 86,000
MASTER MECHANIC $ 91,000
CAPTAIN $ 91,000
FIRE MARSHALL $ 96,000
BATTALION CHIEF $ 96,000
ASSISTANT CHIEF $ 100,000
2025 Salary Range
Percent Increase
4.00% Start Year 1 Year 2 Year 3 Year 4
FIREFIGHTER $ 66,942 $ 70,465 $ 74,174 $ 78,078 $ 82,187
ENGINEER $ 84,240
INSPECTOR $ 89,440
ASSISTANT
MECHANIC $ 89,440
LIEUTENANT $ 89,440
MASTER MECHANIC $ 94,640
CAPTAIN $ 94,640
FIRE MARSHALL $ 99,840
BATTALION CHIEF $ 99,840
ASSISTANT CHIEF $ 104,000
40
2026 Salary Range
Percent Increase
3.00% Start Year 1 Year 2 Year 3 Year 4
FIREFIGHTER $ 68,950 $ 72,579 $ 76,399 $ 80,420 $ 84,653
ENGINEER $ 86,767
INSPECTOR $ 92,123
ASSISTANT
MECHANIC $ 92,123
LIEUTENANT $ 92,123
MASTER MECHANIC $ 97,479
CAPTAIN $ 97,479
FIRE MARSHALL $ 102,835
BATTALION CHIEF $ 102,835
ASSISTANT CHIEF $ 107,120
2027 Salary Range
Percent Increase
3.00% Start Year 1 Year 2 Year 3 Year 4
FIREFIGHTER $ 71,019 $ 74,756 $ 78,691 $ 82,833 $ 87,192
ENGINEER $ 89,370
INSPECTOR $ 94,887
ASSISTANT
MECHANIC $ 94,887
LIEUTENANT $ 94,887
MASTER MECHANIC $ 100,404
CAPTAIN $ 100,404
FIRE MARSHALL $ 105,920
BATTALION CHIEF $ 105,920
ASSISTANT CHIEF $ 110,334
2028 Salary Range
Percent Increase
3.00% Start Year 1 Year 2 Year 3 Year 4
FIREFIGHTER $ 73,149 $ 76,999 $ 81,052 $ 85,318 $ 89,808
ENGINEER $ 92,051
INSPECTOR $ 97,734
ASSISTANT
MECHANIC $ 97,734
LIEUTENANT $ 97,734
MASTER MECHANIC $ 103,416
CAPTAIN $ 103,416
FIRE MARSHALL $ 109,098
BATTALION CHIEF $ 109,098
ASSISTANT CHIEF $ 113,644
41
Appendix B
CITY OF MUSKEGON/FIREFIGHTERS LOCAL 370 2024-2028
DRUG AND ALCOHOL POLICY
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
ADMINISTRATIVE REGULATIONS GOVERNING
DRUG AND ALCOHOL USE AND ABUSE
I – PURPOSE
The City of Muskegon is dedicated to the well-being and safety of our employees, and the
community we serve. We’re also committed to the successful operation of our city for its
citizens. We’re committed to improving employee productivity and in servicing the needs and
demands of our employees and residents.
We abide by the Federal Drug Free Workplace Act of 1988 (§4804 of the Anti-drug Abuse Act of
1988). We must comply with the regulations of the Federal Highway Administration, Department
of Transportation (DOT) Qualification of Drivers and Procedures for Transportation Workers Drug
Testing Programs (49 CFR, Part 40 and 382).1 We’re also covered by the Americans with
Disabilities Act (Public Law 101-336, July 1990). Finally, we must comply with Michigan’s Motor
Carrier Safety Act No. 339 of 1990 (MCL 480.11) and all revisions to that act, specifically, public
Act No. 100 of 1991.
In the City of Muskegon, we’re striving to provide a working environment that is free from the
unlawful or illegal consuming, growing, producing, giving, sharing, possessing, selling,
manufacturing, or transporting of any controlled or illegal substance.
We are, therefore, setting up these regulations based upon the federal regulations governing
the use and abuses of alcohol and/or illegal or otherwise, controlled substances in our
workplace.
II –POLICY
A. ILLEGAL AND UNAUTHORIZED DRUGS: The City of Muskegon attempts to provide a drug
free, healthful, safe and secure working environment.2 None of our employees will
report to work displaying the effects of illegal, illicit, controlled or unauthorized drugs. No
employee will take, make, sell, give, transport or possess a controlled or illegal substance
listed within the context of the Controlled Substance Act (CSA). This specifically includes
all Schedule I. and II. substances as well as Schedule III. through V. Substances being
used or possessed without approval or authorization.
B. CONTROLLED SUBSTANCE LEVELS: All substance testing will be accomplished according
to the guidelines established by the U.S. Department of Health and Human Services and
the Department of Transportation, 49 CFR Parts 40, 382 and 391.3 Testing is required for
the following five substances, the use of which we consider unacceptable in our business
environment.
1. Amphetamines: (Cutoff level of 1,000 NG/ml)
a. Amphetamine confirmatory level of 500 NG/ml)
b. Methamphetamine confirmatory testing levels of 500 NG/ml
2. Cocaine: (Cutoff level of 300 NG/ml)
a. Metabolite confirmatory levels of 150 NG/ml
b. Benzoylecgonine
3. Marijuana: (Cutoff level of 50 NG/ml)
a. Metabolite Confirmatory level of 15 NG/ml
b. Delta-9-tetrahydrocannabinol
1 49 CFR, Part 382, § 107
2 49 CFR, § 382.103(a)
3 49 CFR, Part 40, § 40.29(e)
1
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
4. Opiates: (Cutoff level of 300* NG/ml)
a. 25 NG/ml if immunoassay specific for free morphine
b. Morphine confirmatory levels of 300 NG/ml
c. Codeine confirmatory levels of 300 NG/ml
5. Phencyclidine: (Cutoff level of 25 NG/ml)
a. Metabolite confirmatory level of 25 NG/ml)
6. Test Use: Any urine specimens collected may only be used to test for controlled
substances designated or approved for testing and shall not be used to conduct any
other analysis or test unless otherwise specifically authorized by FHWA regulations.
Always, the Chain of Custody will show the test required.4
a. Split Samples5 : The specimen collected must consist of not less than 45 milliliters
of urine, 30 of which are poured into a container for initial testing and 15 ml of
which will be poured into a second container for storage by the testing
laboratory for not less than 60 days from receipt of both specimens by the lab.
b. The split sample confirms contested positive test results if the primary sample
shows a positive test result. The split sample will result in a negative report if it
overturns a previously reported positive test.
c. Further, our program does not prohibit procedures incidental to an analysis of the
specimen for controlled substances.
C. ALCOHOLIC BEVERAGES: The use of alcoholic beverages by employees affects safe
and efficient operations. No employee will use or possess alcoholic beverages during
working hours.6 Further, no employee shall report to work while under the influence of
alcoholic beverages, displaying the effects of having used alcohol, or within four (4)
hours of having used alcohol.7
1. The odor of alcohol on any employee’s breath is reason for us to believe that the
employee has used and may be under the influence of alcohol. Any employee who
engages in such conduct may be subject to discipline, up to and including
immediate termination. Termination action, under these administrative regulations
will be initiated when:
a. An employee refuses to submit to a required preliminary breath test (PBT)
followed by an evidential breath test (EBT) or any other DOT-approved test to
measure the extent and level of alcohol within a worker’s body.8
b. An employee tests above .04 percent Breath Alcohol Level (BAL) and refuses
assessment or fails to complete the treatment plan prescribed by the assessment
professional.
c. Tests above .07 percent BAL while reporting for duty, while on duty, or within eight
(8) hours following a reportable accident.
D. NOTIFICATION OF CRIMINAL CONVICTION: All employees will notify the City of Muskegon
of any criminal drug statute conviction.
4 49 CFR, §391.93
5 49 CFR, Part 40, § 40.25 (B) (1)
6 49 CFR, § 382.205
7 49 CFR, § 382.207
8 49 CFR, §382.211
2
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
E. NOTIFICATION OF CIVIL OR CRIMINAL DRIVING INFRACTION CONVICTIONS: Likewise, any
and all employees will notify the City of Muskegon of any civil or criminal driving
conviction resulting from an arrest for impaired driving or operating under the influence
moving violation or related offense.
1. The employee must notify their immediate supervisor, in writing, of any such
conviction for drug or alcohol within twenty-four (24) hours of the conviction. The
immediate supervisor will report the incident to the Human Resources Department of
the City of Muskegon. Such convictions include:
a. Refusal to submit to chemical test (Michigan Implied Consent Law).
b. Operating with an unlawful blood alcohol level (UBAL) of .10 percent or more
c. Operating under the influence of liquor (OUIL).
d. Operating under the influence of drugs (OUID).
e. Operating while impaired (OWI) by alcohol and/or other drugs.
2. This provision also requires each employee to notify the City of Muskegon, in writing,
within twenty-four hours or by the end of the next business day of any such action
involving:
a. Any license suspension or revocation.
b. Any cancellation, lost privilege or disqualification.
F. AMNESTY AGREEMENT: It is not the intent of the City of Muskegon to cause undue
hardships, prolong suffering caused by addiction or dependence to controlled
substances or alcohol, or invoke unreasonable disciplinary action. We are urging any of
our employees who may have a problem to come forward before the first testing takes
place. Those who voluntarily come forward can expect:
1. COMPLETE and total confidentiality, and
2. Prompt referrals to certified and licensed substance abuse professionals capable of:
a. Providing accurate and clinically sound assessments.
b. Referrals to licensed and experienced employee assistance providers, and
3. REASONABLE EXPECTATIONS of return to duty provided:
a. All terms and conditions of any treatment plan are fully met, and
b. The employee is capable of holding a current license allowing them to retain
employment in that classification, and
c. Is not medically disqualified from operating any commercial motor vehicle (CMV).
4. ANY EMPLOYEE failing to meet any of the stipulations contained in the preceding
paragraph can expect appropriate levels of disciplinary action up to and including
termination of employment.
5. EMPLOYEE FAILING to come forward under this last chance agreement and who are
found to have a positive test under the provisions of Part III (following) of these
regulations can expect to be subjected to the appropriate levels of discipline.
III –DRUG AND ALCOHOL SCREENING:
All substance testing will be done by a reliable hospital or independent laboratory using
qualified and trained medical technicians or professionals.
A. EMPLOYEES will be transported to and from the collection site in all cases involving
reasonable suspicion, cause or post-accident testing.
3
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
1. The employee’s department head will make final determination whether to suspend
employees or not, and/or with or without pay.
2. Should the tests prove negative, the employee will be returned to work without.
discipline or loss of pay. Positive testing of drug or alcohol use or abuse or refusal to
submit to this testing can be grounds for discipline up to and including termination.
B. OFF DUTY ALCOHOL USE: No City employee engaged in operating a commercial motor
vehicle will consume any alcoholic beverage within four (4) hours of expected starting
time or beginning a safety-sensitive function.9
1. ANY EMPLOYEE called to work and having consumed alcohol within the four (4) hour
period will advise their supervisor or dispatcher they are unable to report to work.
2. BREATH ALCOHOL LEVEL OF .02 TO .04 PERCENT: Federal Motor Carrier Safety
Regulation (FMCSR) 392.5 A person, whether licensed or not, whose breath contains
.02 percent or more but less than .04 percent by weight of alcohol shall not operate
a commercial motor vehicle within the State of Michigan. Any operator found
operating a commercial motor vehicle in this condition is subject to suspension up to
and including termination.
a. Any vehicle or equipment being operated by an employee testing positive for
alcohol use to these levels will be shut down, locked, secured, or otherwise
locked-out and tagged-out until a designated representative of the City can
retrieve the vehicle and/or equipment.
b. Any employee found to have violated the mandatory twenty-four (24) hour
stand down order will be considered violating these regulations and appropriate
disciplinary action can be taken.
c. Any employees who operate a publicly-owned commercial motor vehicle
violating law enforcement imposed out-of-service order may be guilty of a
misdemeanor and may have their CDL suspended for (1) year. Such an action
would disqualify that employee from continued employment as a driver.
d. Any employee refusing to submit to a Preliminary Breath Test (PBT) for cause or
whose breath alcohol level measures .02 percent or more but less than .04
percent as measured by a PBT and confirmed by an Evidential Breath Test (EBT)
will be suspended for 24 hours.
The employee who refuses to submit to PBT or EBT and was operating a
commercial motor vehicle will be considered to have a BAL. of above .04
percent and is medically disqualified from operating a commercial motor
vehicle until they can successfully pass a chemical analysis of breath and submit
to an assessment by a licensed substance abuse professional.
(i). Under the terms of 49 CFR, part 382, subpart A, 382211, No employer shall
allow a driver who refuses to submit to a required alcohol or controlled
substance test to perform or continue to do safety-sensitive functions.
9 49 CFR, Part 382, §382.207
4
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
IV- EMPLOYMENT CONSIDERATION TESTING10:
All regulated (safety-sensitive) applicants must submit to and pass a urine drug screening test to
be considered for employment.
A. POST-OFFER CANDIDATES: All other job candidates, if appropriate, will submit to, and
pass a urine drug screen.
1. An applicant who has received a firm job offer is cautioned against giving notice at
their current position, selling real estate, or incurring other costs associated with
accepting employment with the City of Muskegon until drug screening testing
clearance has been received. Under no circumstances should a new employee
report for work until clearance is received by the City.
2. If an applicant protests a positive urine drug test screening result, the City may
exercise its discretion to allow the applicant to submit the split sample portion of the
original specimen, immediately and without prior notice, for testing. An applicant
who refuses screening will be denied any further consideration.
3. If the split-sample urine drug screen test is requested, the applicant will pay for the
test. If the split sample test is reported as a negative, the employee will be
reimbursed for the cost of the split sample test. If the split sample test results overturn
a first test positive, the test will be considered a negative and a copy of the second
test results will be placed in the employee’s drivers or personnel file and a copy
provided to the employee or applicant.
V – REASONABLE SUSPICION OR FOR CAUSE TESTING:
Any employee whose performance suggests that they are unfit for duty and are possibly using
or abusing drugs or alcohol will be subject to a drug or alcohol screening test.11
A. REASONABLE SUSPICION: For the purposes of our regulations, the term “reasonable
suspicion” applies to only testing for controlled substances. The tern, “reasonable
cause”, applies to testing for consumption and use of alcohol.
B. JUSTIFICATION OF REASONABLE SUSPICION TESTING: A trained supervisor may insist on a
reasonable suspicion drug or reasonable cause alcohol test any time he or she has a
valid and supportable reason to believe that the employee’s actions, behavior,
appearance or symptoms suggest the use or abuse or illegal or unauthorized drugs
and/or alcohol. The trained supervisor must document incidents of reasonable
suspicion (for cause) and the justification should include two or more of the indicators
contained on the Supervisor’s Incident Report (AD-102) and as outlined in Paragraph C
of this section except reportable accidents.
1. A trained supervisor is one who has received not less than 60 minutes of initial
training in detecting the signs and symptom of drug use and 60 minutes in detecting
the signs and symptoms of alcohol use and abuse.12
10 49 CFR, Part 382, Subpart C, §382.301
11 §382.307
12 49 CFR, Part 382, Subpart C, §382.307 and Subpart F, §382.603
5
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
2. Where possible and practicable, the supervisor making the initial observation shall
enlist the assistance of another trained supervisor to confirm their observations within
the expectation of employee privacy and confidentiality.
a. In cases where it is not possible to obtain eyewitness support, the supervisor may
obtain telephonic or electronic confirmation of his or her observations.
C. DRUG OR ALCOHOL SCREENING TESTS: Approved tests will be required of a specific
employee, or group of employees, anytime the City, based upon the observations of a
trained supervisor, thinks that such testing may be appropriate, including, but not limited
to the following:13
1. Employee absenteeism or tardiness
2. Accident investigation
3. Unexplained deterioration of individual job performance
4. A significant change in the individual’s personality
5. Reports that an individual employee, or groups of employees, have been using
drugs or alcohol violating this policy.
6. Admission regarding the employee’s use of drugs or alcohol.
7. Unexplained absences from the normal workplace when there is reason to suspect
drug or alcohol-related activity violating this policy
8. Smell or odor suggesting the presence of drugs or alcohol.
9. Behavior suggesting the employee is under the influence of drugs or alcohol.
10. Safety violation including injuries.
VI - POST-ACCIDENT TESTING:
Any employee involved in a reportable vehicle accident14 while operating any vehicle owned
or operated by the City of Muskegon may be required to submit to a urine drug screen or
Evidential Breath Test. By definition, the City of Muskegon considers an accident reportable
when:
A. ACCIDENT: An accident resulted in personal injury requiring medical attention15, or
B. CITATION: An employee was cited by an investigating law enforcement agency,16, or
C. Any vehicle or heavy equipment involved in the accident is unable to be driven from the
scene under its own power.17
VII – RANDOM AND PERIODIC SELECTION: (CDL’s only)
A. RANDOM SELECTION: All CDL employees will be included in casual selections of
employees to undergo unannounced urine drug screens and alcohol tests. Such casual
selections are called random tests and selection will be conducted from a pool of eligible
workers employed by the City.18 Selection will be based upon:
1. Regulated Selection: A casual or random draw of the selected employees from a
pool containing the last four digits of employee social security numbers of all
regulated employees.
13 §382.307 (a) (b) (c) 9d)
14 §382.303
15 City of Muskegon Work Rule
16 49 CFR, Part 382, Subpart C, §382.303 (a) (2) and (b) (2)
17 City of Muskegon Work Rule
18 §382.305 (e) (f)
6
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
a. Random Drug Tests will equal not less than 50 percent of all employees listed within
the pool in a calendar year.19
b. Random Alcohol Tests will equal not less than 25 percent of all employees listed
within the pool for at least the first year of operation.
c. Random alcohol tests may be selected from those to participate in the drug
screen random selection provided;
(i.) Each employee within the pool has an equal chance of being selected for
either or both tests.
(ii.) If industry wide positive levels exceed more than one (1) percent for two
years running, the random alcohol testing rate will increase to fifty (50)
percent.
(iii.) If industry wide levels fall below one (1) percent positives for two years
running, the random alcohol rate will fall to ten (10) percent.
VII – TEST LEVELS
For the purposes of these regulations, any employee will be considered to have failed (with a
positive test result) any administered urine drug screen if, after analysis, test levels exceed the
established cut-off levels and show the use of a controlled substance included in Schedule I or II
as defined by §802(6) of Title 21 of the United States Code (Section §802(6) of Title 21, Food &
Drugs): the possession of which is unlawful under Chapter 13 of that title (§801 et seq. of Title 21).
The term illegal drug does not mean the use of a controlled substance pursuant to a valid
prescription of other uses authorized by law. Valid prescriptions used following the physician’s
instructions must be recorded and treated as negative test results.
IX – CONFIDENTIALITY
All actions taken by the City of Muskegon under the authority of these regulations will be taken to
insure the confidentiality of the employees.20 Information related to investigations, possible
employee violations, or drug or alcohol screening tests results will be made available only on a
strict “need-to-know” basis.
A. NEED-TO-KNOW: For the purposes of our regulations, “need to know” is limited to:
1. Auditors or Enforcement Officials of the U.S. Department of Transportation,
Department of Transportation, Motor Carrier Division of the Michigan State Police, or
2. The regulation administrator’s principal, Specialists Limited, or
3. The appropriate level of management of the Human Resources Department of the
City of Muskegon, the City Manager and appropriate department heads, or
4. The Medical Review Officer (MRO) responsible for interpreting the results of a urine
drug screen, or
5. The Substance Abuse Professional (SAP) responsible for learning the extent and
degree of addiction or dependence on alcohol and drug resulting from a positive
alcohol EBT.
B. CONFIDENTIAL DISCUSSIONS: All discussions with employees will be conducted as
privately as circumstances permit. The employee may exercise his rights under the terms
of the collective bargaining agreement to have his or her union representative present if
they so desire. The union representative is bound by the same rules of confidentiality as
those with a need-to-know as shown in Paragraph A., parts 1 through 7 (above).
19 §382.305 (g)
20 49 CFR, Part 382, Subpart D. §382.401
7
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
X – SUSPENSIONS
Any employee, support person, supervisor, or administrator who is sent for an illegal drug or
alcohol test, may be suspended immediately21 (with pay). However, once a test is positive, then
appropriate actions will be taken. Successful completion of a voluntary, supervised substance
abuse treatment or rehabilitation program will reduce the level of disciplinary action for first time
offenders.
A. POSITIVE TEST RESULTS: If, first positive test with rehabilitation, there will be no termination;
second positive within 18 months may terminate; second positive within 18 months may
terminate; second positive after 2 years, there will be no termination; third positive any
time, will constitute termination.
XI – EMPLOYEE ASSISTANCE
The City of Muskegon actively supports the Employee Assistance concept.22 This program openly
promotes the treatment of employees suffering from addiction or abuse problems. As a matter
of policy, we provide our employees, support personnel, supervisors and administrators with
information regularly. This information will include dangers of abuse, awareness, community and
professional efforts and community or private treatment availability. We cannot, however,
financially support an employee who voluntarily submits to treatment beyond the benefits
normally provided by virtue of our existing health care program, medical insurance or employee
assistance program.
A. SUBSTANCE ABUSE ASSESSMENTS: Employees testing positively for alcohol use following an
Evidential Breath Test will be afforded the opportunity to undergo an assessment by a
licensed and certified Substance Abuse Professional.23 The SAP will be trained at minimum
to the level of MSW (Masters of Social Work) and preferably be a Clinical Psychologist.
B. THE SUBSTANCE ABUSE PROFESSIONAL (SAP) may prescribe a treatment or rehabilitation
program for a positive tested employee following the initial assessment.
1. A positively tested employee refusing assessment may be terminated from continuing
employment.
2. A positively tested employee failing to complete the prescribed treatment plan may
be terminated from continuing employment
3. A positively tested employee testing positive following treatment may be terminated
from continuing employment.
4. Frequently, assessments to find an employee’s level of addiction or dependency is
covered by our existing health care benefit package and we encourage our
employees to seek out assistance whenever and wherever possible.
5. The Substance Abuse Professional may not refer the driver to the SAP’s private
practice.24
C. REFERRALS: All of our employees are urged to contact our EAP provider in cases where:
1. They wish to refer themselves for treatment, or
2. Treatment is recommended by their supervisor or official of the City of Muskegon, or
3. The employee’s drug or alcohol tests result in a positive indicator, or
4. They or members of their family show signs of needing assistance or through
intervention by family members.
21 49 CFR, Part 382, Subpart E
22 49 CFR, Part 382, Subpart F
23 49 CFR, Part 382, Subpart F, §382.605
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ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
D. EMPLOYEE ASSISTANCE PROVIDER:
Mercy WorkLife Services
125 E. Southern Ave.
Muskegon, MI 49442
Telephone (231) 726-3582
E. PAY DURING TREATMENT: Except where specifically authorized in our collective
bargaining agreement with the association or our existing benefit package, employees
may not collect pay, unless they have been authorized sick or vacation leave.
XII – RETURN TO WORK
The City of Muskegon will attempt to, where possible, return a recovering employee to work. A
recovering employee is one who is currently participating in, or has successfully completed a
supervised treatment or rehabilitation program. A return to work is not a guarantee of an
employee’s previous position or classification. Regulated employees who prove recovery may
be reinstated provided our insurance carrier will insure a driver in that capacity and the driver
can be licensed according to the state and federal law or regulation.
A. CONTROLLED SUBSTANCE RECOVERY TESTING: Employees recovering from a controlled
substance or addiction will submit to unannounced urine drug screens at least six times in
the first 12 months following the driver’s return to duty.25
B. ALCOHOL RECOVERY TESTING: Employees recovering from alcohol abuse or addiction
will submit to unannounced evidential breath tests at least six times within the first year
following return to work.26
C. REGULATION REQUIREMENTS: The preceding return to work and follow-up testing
requirements are regulated by the U.S. Department of Transportation, Federal Highway
Administration under 49 CFR, Part 382. These regulations specifically address coverage of
employees of local and state units of government, and drivers operating intrastate and
interstate.27
24 §382.605(e)
25 49 CFR, Part 382, Subpart F, §382.605(c)(2)(ii)
26 §382.605(c) (2)(ii)
27 Federal Register, Vol. 59, No. 31, February 15, 1994, p. 7486
Civil Service Commission Approved 5/11/2020
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