ARTICLE 65
PHYSICAL FITNESS TEST

65.1: All employees hired after May 1, 1999 are required to pass a bi-annual physical fitness test.

65.2: The physical fitness test shall assess the mandatory strength, agility and endurance required to perform the duties of an effective firefighter. The test shall utilize the standards set forth in the 1999 Lansing Regional Physical Ability Test which is incorporated by reference as Appendix “D.” Any changes to the testing requirements will be mutually agreed upon by both parties. This applies only to bi-annual testing and not entry-level testing for new employees.

65.3: Time limits on physical fitness test will be required to be completed in thirteen (13) minutes.

65.4: In the event an employee fails to pass the physical fitness test, the employee will be given up to one (1) year within which to retake and pass the physical fitness test. During this one (1) year period, the employee's wages will be frozen until the evaluation has been satisfactorily completed. The Township will administer the test at the employee's request within one week of the facility becoming available.

65.5: Employees failing to pass within one (1) year of the test are subject to discipline up to and including termination.

 

ARTICLE 66
COMPLETE AGREEMENT

66.1: It is the intent of the parties hereto that the provisions of this Agreement, which supersedes all prior agreements and understandings between such parties, shall govern their relationship and shall be the source of any rights or claims which may be asserted.

66.2: The provisions of this Agreement can be amended, supplemented, rescinded or otherwise altered only by mutual agreement in writing hereafter signed by parties hereto.

 

ARTICLE 67
AGREEMENT PRACTICES

67.1: Both the Township and the Union subscribe to the principal that this contract should be the complete Agreement between the parties.

67.1: The parties, however, recognize that it is most difficult to enumerate in an agreement practices inherent in a relationship of many years duration.

67.2: If the Township proposes any change in any understanding or agreement involving wages, hours and/or working conditions during the life of this Agreement which is not covered by this Agreement, the parties shall meet at a mutually convenient time to discuss the problem and negotiate a mutually satisfactory conclusion.

67.3: If the parties are unable to reach an agreement within thirty (30) days of their initial meeting, the dispute shall be submitted to arbitration under Step Five (5) of the Grievance and Arbitration provision of this Agreement. The Union shall have the burden of proving that a provision of the agreement has been violated and shall not prevail if it fails to meet this burden of proof. If it does meet this burden, the Township shall prevail if the Township can show fair and reasonable justification for the change.

 

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