HomeMy WebLinkAbout13305 ORD - 07/28/1976:hb:7 /26/76:1at r
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL UNION 936, PURSUANT TO COLLECTIVE BARGAINING
NEGOTIATIONS, THE TERMS, CONDITIONS AND PURPOSES BEING
MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUB -
STANTTAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a contract with the International Association of Fire Fighters,
Local Union 936, pursuant to collective bargaining negotiations, the terms,
conditions and purposes being more fully set forth in the said contract,
a substantial copy of which is attached hereto and made a part hereof,
marked exhibit "A ".
SECTION 2. The necessity to authorize execution of the afore-
said contract at the earliest practicable date creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date
of its introduction but that such ordinance or resolution shall be read at
three several meetings of the City Council, and the Mayor having declared
such emergency and necessity to exist, having requested the suspension of
the Charter rule and that this ordinance take effect and be in full force
and effr�,.ct from a after its passage, IT IS ACCORDINGLY SO ORDAINED this
the �l�day of , 1976.
ATTEST:
95k ZIO-'� e�
Secretary MAYOR
THE CITY OF CORPUS CHRIST , TEXAS
APPgRgVED :
DAY OF JULY, 1976:
J. BRUCE AYCOCCK,, CCITY ATTORNEY
By,
A69"istant City Attorney
MICROFILMED,
JUN 161980
13305
0
Draft 7/21/76
• Y
BETWEEN
• . CITY OF CORPUS CHRISTI
. AND � .. •
-FIRE FIGHTERS' UNION
2VIi/3 17-, ' �l
TABLE OF CONTENTS
Page
Table of Contents . . . . . . . . . . . . . . . . . .
. . i
Index
. . . .
. . . . . . . . . . . . . . . . . . . .
. .
Preamble . .
. . . . . . . . . . . . . . . . .
1
Article
I.
Definitions . . . . . . . . . . . . . .
. . 2
Article
II.
Recognition and General Provisions . .
. . 3
Article
III.
Working Conditions . . . . . . . . .
. . 8
Article
IV.
Ranks end Wages . . . . . . . . . . . .
. . 19 '
Article
V.
Union Rights and Activities . . . . . .
. . 22
Article
VI.
Retirement Age . . . . . . . . . . . .
. . 31
Article
VII.
Management Functions . . . . . . . . .
. . 32
Article
VIII.
Grievance Procedure . . . . . . . . . .
. . 35
Article
IX.
Labor Management Committee . . . . . .
. . 42
Article
X.
Legal Defense Service . . . . . .
. . 44
Article
XI.
Concluding Provision . . . . . . . . .
. . '45
' i
• r � r 1
I
INDEX
11
Labor- Management Committee . . . . . . . . . . . . . .
Page
Arbitration . . . . . . . . . . . . . . . . . . . . . .
39 & 41
Assignment of Duties . . . . . . . . . . . . . . . . .
20 & 21
Call -back . . . . . . . . . . . . . . . . . . . . . . .
10
Consolidation of Positions . . . . . . . . . . . . . .
20 &.21
Copies to Employees . . . . . . . . . . . .
T
Definitions . . . . . . . . . . . . . . . . . . . . .
2
Duration of Agreement . . . . . . . . . . . . . . . .
4
Educational Incentive Pay . . . . . . . . . .
16
Grievance Procedure . . . . . . . . . . . . . . . . . .
35, 36, 3T, 38 & 41
Health Insurance Committee . . . . . . . . . . . . . .
43
Holidays . . . . . . . . . . . . . . . . . . . . . . . 12
Illness . . . . . . . . . . . . . . . . . . . . . . . .
11
Labor- Management Committee . . . . . . . . . . . . . .
42
Legal Defense Service . . . . . . . . . . . . . . . . .
44
Management Functions . . . . . . . . . . . . . . . . .
32
Meals . . . . . . . . . . . . . . . . . . . . . . . . .
17
Mileage . . . . . . . . . . . . . . . . . . . . . . .
15
Negotiating Team . . . . . . . . . . . . . . . . . . .
24
Nondiscrimination . . . . . . . . . . . . . . . . . . .
5
Noninterference with Personal Lives . . . . . . . . . .
33
Outside City Limits . . . . . . . . . . . . . . . . . .
30
Overtime . . . . . . . . . . . . . . . . . . . . . . .
9
Precedence . . . . . . . . . . . . . . . . . . . . . .
6
ii
INDEX continued
r
iii
Page
Ranks and Wages . . . . . . .
19
Relief . . . . . . . . . . . . . . . . . . . . . . . .
18
Retirement . . . . . . . . . . . . . . . . . . . . . .
31
Salaries of Assistant Chiefs . . . . . . . . . . . . .
34
Savings Clause . . . . . . . . . . . . . . . . . . . .
45
Uniforms . . . . . . . . . . . . . . . . . . . . . . .
14
Union Recognition . . . . . . . . . . . . . . . . . .
3
Union Rights and Activities . . . . . . . . . . . .
22 & 23
Activities . . . . . . . . . . . . . . . . . . . . .
25
Other Union Functions . . . . . . . . . . . . . . .
26
Union Solicitation of Trainees . . . . . . . . . . .
29
Use of City Facilities . . . . . . . . . . . . . . .
27
Union Visitation on Fire Department Premises . . . .
28
Working Conditions . . . . . . . . . . . . . . . . . .
8
Working Out of Classification . . . . . . . . . . . . .
13
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iii
PREAMBLE
The following agreement is made this day of
1976, by and between the City of Corpus Christi, Texas, hereinafter referred
to as "the City ", and the International Association of Fire Fighters, Local
Union 936, hereinafter referred to as "the Union ". The City and the Union
agree that the establishment of fair and reasonable compensation and other
conditions of employment is a primary purpose of this agreement as well as
the promotion of harmonious relationships between the City and the Association.
This agreement has been negotiated through the collective bargaining pro-
cess with the objective of serving the aforementioned purposes and with the
further objective of fostering effective cooperation between the City and
its fire fighters. Now therefore, in consideration of the mutual promises
and agreements contained herein, the parties agree as follows:
ARTICLE I
'Definitions
1. "City" means the City of Corpus Christi.
2. "Union" means the International Union of Fire Fighters,
Local Union 936.
3. "Employee" means any sworn, certified, full -time paid
employee who regularly serves in a professional fire fighting capacity.
The Fire Chief, and all civilian, nonuniformed employees are excluded from
receiving wages or benefits as provided under this contract, and therefore
are not included within the definition of employee. It is understood that
this definition does not include fire fighter trainees enrolled in the
fire academy but that such persons become employees at the time they graduate
from the fire academy and become certified as fire fighters by the Civil
Service Commission.
4. "Members" means any employee who is on the membership list
of and pays dues to the Union.
5. "Supervisor" means any officer with the rank of Fire Lieutenant
or above.
6. "Civil Service Commission" means the Civil Service
Commission of the City of Corpus Christi.
7. "Chief of the Department" means the Fire Chief of the City
of Corpus Christi, Texas.
8. "City Manager" means the City Manager of the City of
Corpus Christi.
-2-
ARTICLE II
Recognition and General Provisions
Section 1. Recognition. The City recognizes the Union as the
exclusive bargaining agent for a bargaining unit consisting of each sworn,
certified Fire Fighter in the Fire Department of the City of Corpus Christi.
It is understood that this bargaining unit does not include the
Chief of the Department and does not include civilian, nonuniformed personnel.
It is understood that this bargaining unit does not include Fire
Fighter trainees enrolled in the fire academy, but that such persons become
members of the bargaining unit at the time that they graduate from the fire
academy and become certified as Fire Fighters by the Civil Service Commission.
Such persons will be members of the bargaining unit during the 6 -month proba-
tionary period which follows their certification to Fire Fighter I classifica-
tion.
—3—
Section 2.. Duration. This agreement shall be effective as
of the first day of August, 1976 and shall remain in full force and effect
until the 31st day of July, 1977.
-4-
Section 3. Nondiscrimination. This Agreement applies equally to
all fire fighters of the City of Corpus Christi, and the parties agree to apply
the provisions of this Agreement to all fire fighters without discrimination
because of race, color, sex, age, religious creed, national origin or union
affiliation.
Specifically, the City will not:
(1) Interfere withs restrain or coerce employees in the exercise
of their right to organize and bargain collectively as provided by law, or in
the exercise of rights provided by this Agreement;
(2) Dominate or interfere with the formation or administration of
the Union;
(3) Encourage or discourage membership in or support of the Union;
(4) Discharge or otherwise discriminate against any employee in
regard to tenure of employment or any term or condition of employment on account
of membership in or support of the Union, or on account of any lawful Union
activity.
Specifically, the Union will not:
(1) Interfere with, restrain or coerce employees in the exercise
of their right to organize and bargain collectively as provided by law, or
in the exercise of rights provided by this Agreement;
(2) Cause or attempt to cause any employee to discriminate against
any other employee because of the employee's membership or nonmembership in
any employee organization, or in any manner prohibited by this Agreement.
—5—
" sdctida 4. '' PPeVailidit'Rights. All rights, privileges and
working conditions enjoyed by the employees at the present time, which are
not specifically mentioned in this agreement, shall remain in full force
and effect and shall not be diminished in any manner during the term of
this agreement, unless by amendment by mutual consent of the parties.
-6-
Section '5. Copies of agreement. The City shall provide every
employee covered by this agreement with a copy of this agreement and a copy of
the Rules And Regulations Of The Fire Department, when adopted.
—7—
ARTICLE III
Working Conditions
Section 1. Work Week and Duty Hours. The regular work shift for
fire fighting personnel assigned to fire suppression or ambulance duties shall
be based upon a schedule of 24 hours on and 48 hours off, for a yearly average
of 56 hours per week. The regular duty hours for each shift shall begin at
8 a.m. on the day to be worked and shall end at 8 a.m. on the following day.
For employees required to work an average of 56 hours per week on an annual
basis, 12 scheduled working hours shall be counted as*one work day for vacation
or sick leave purposes.
—a-
Section 2. Overtime. All employees shall be paid for authorized
overtime work at the rate of 1 1/2 times the regular rate, provided, that such
rate for positions with scheduled work weeks other than forty hours shall be
computed on the basis of 173.33 hours per month. Overtime will be computed
only for actual hours worked over the scheduled work week. Compensatory time
off equal to the actual hours of overtime may be taken in lieu of overtime pay
upon the mutual agreement of the department head and the employee.
—9—
Section 3. Call- backs. Any employees who are called back to
duty or subpoenaed to give testimony in court about events arising out of
their employment shall be compensated at the rate of 1 1/2 times the employee's
regular rate of pay from the time the employee is ordered to report for duty,
and shall be paid for the actual time worked in that shift or for a minimum
of two hours for any one call -back incident.
-10-
""4
Section 4. Illness. In the event of illness the employee
shall notify the Assistant Chief or Acting Assistant Chief on duty immediately
when the employee knows he will be absent on account of illness. Any shift
employee absent three or more consecutive work shifts, and any 40 -hour week
employee absent five or more consecutive calendar days, shall be required
to furnish a certificate of a physician certifying to the illness of the
employee. The Chief may at any time call for a medical certificate if in
his judgment he deems it appropriate for a just cause.
-11-
Section 5. Holidays. Each employee shall receive the
following seven holidays during each fiscal year:
be retained.
1. New Year's Day
2. Memorial Day ,
3. Fourth of July
4. Labor Day
5. Thanksgiving Day
6. Christmas Day
7. One holiday to be determined by the City.
8. And fire fighters shall have the same number of vacation
days and the same number of holidays, or days in lieu
thereof. that is granted to other municipal employees.
The current practice of adding holidays to vacation time shall
—12—
Section 6. Working out of classification. Any fire fighter
assigned I the duties of a higher classification for a period of
2 hours or more shall be paid the base salary of the higher classifi-
cation, plus his own longevity pay, for the period of time he is required
to work in such higher classification, or for a minimum of 12 hours which-
ever is greater.
-13-
Section 7. . Uniforms. The City shall pay 100% of the cost
of the original issue of uniforms to provide every uniformed employee with
all required official clothing items, excluding socks and shoes. The City
shall thereafter replace or repair all said required clothing items and
equipment which are worn out through ordinary wear and tear, excluding socks and
shoes, on the basis of 75 %. The City shall replace all required clothing
items and equipment which are lost or damaged in the course of employment
without cost to the employee.
F
—14—
- 4
Section .8-Mileage. Any employee who, after reporting to
his regularly assigned duty station, is required to travel by personal
automobile to another station, shall be granted a mileage allowance of
151 per mile for the distance traveled between stations.
—15—
Section 9. Educational Incentive Pay.
(1) Employees shall be eligible for educational incentive pay
at the monthly rate of 60 cents per month for each academic semester hour
satisfactorily completed provided that such hours are applicable toward a degree
in Fire Science. Approved hours must include the core curriculum in Fire
Science. In no event will more than $42 per month be paid without successful
completion of the requirements and the receipt of the associate in Applied
Science degree or Fire Science; if the employee is attending a 4 -year college
he may meet this requirement by filing a copy of his certified degree plan with
the Director of Personnel, noting his expressed intent to obtain a Bachelors
Degree in Fire Science. All approved hours above the associate degree in Fire
Science will be eligible for educational pay at this rate up to an additional
$20 per month or a combined total of $62 per month. Successful completion of
the requirements and receipt of a Bachelors Degree in Fire Science will qualify
the employee for a maximum of $74 per month.
(2) Approved hours above the Bachelors Degree applicable toward
a Masters Degree in Fire Science will be eligible for educational incentive pay
at the same rate up to an additional $12 per month. Successful completion of
the Masters Degree in Fire Science will qualify the employee for an additional
$6 per month for a maximum combined total of an additional $18 per month on a
Masters Degree.
(3) No probationary employee shall be eligible for educational
incentive pay until after he has successfully passed his probationary period.
-16-
Section 10. Meals. Fire fighters engaged in fire fighting duties
at the scene of a fire two hours past normal mealtime will be fed at the City's
expense at the fire scene as soon as possible following the request of company
officers for such service.
—17—
Section 11. Relief. Fire fighters actively engaged in fire .
fighting duties at the scene of a fire for a period exceeding 4 hours will
be relieved from duty and given a rest period of at least 30 minutes after
any 4 hours of fike fighting duties, if relief manpower is available_
In the event that any fire fighters are required to engage
in fire fighting duties at the scene of the fire for a period of•8 hours or
more, every reasonable effort will be made to relieve such fire fighters,•
,to other duties'away from.the scene. -
-18-
ARTICLE IV
Ranks and Wages
Section 1. Ranks and Wages. Effective August 1, 1976, the basic
ranks within the Fire Department, as well as the applicable job classifications
and applicable monthly pay rates shall be as follows:
—19—
M
Proposed Fire Department Salary Schedule
I
Months of Service
'Class Title
Starting 6 12
18 24
30
Trainee
$ 743.00
Firefighter
818.00 855.00
892.00
940.00,
Firefighter II
956.00 966.00
977.00-
Fire Inspector I
Alarm Operator I
Fire Inspector II
i
988.00 998.00
r
a Fire Lieutenant
1,004.00 1,030.00
1,062.00
Fire Alarm Operator
Captain
1,099.00 1,136.00
1,179.00
Master Mechanic
1,221.00 1,269.00
District Fire Chief
Assistant Fire Chief
Salary established in accordance with Article 7,
Sec. 4.
First Assistant Fire Chief
Salary established in accordance with Article 7,
�. - - -
Sec. 4.
I
Section 2.' Astig hmEnt'of'dutiOs'of'Fire'Fighter II.
A. Employees holding the rank of Fire Fighter II shall hence-
forth be ordinarily assigned the duties of
1. Apparatus Operator
2. Emergency Medical Technician
3. Other fire fighting duties as assigned.
B. In general, it is the intent of the contract that persons
promoted to fill the Fire Fighter II rank should be qualified both as
Apparatus Operators and as Emergency Medical Technicians, except, that it
is further the intent of the contract that employees hired prior to October 1,
1973, should not be required to obtain EMT certification as a prerequisite to
promotion to Fire Fighter II except to the extent necessary to maintain
budgeted staffing patterns. Accordingly, it is specifically provided that:
1. Effective August 1, 1976, there shall be a total of
120 budgeted Fire Fighter II positions, 60 of which shall be vacancies
to be filled by promotional examination in accordance with the pro-
visions of Article 1269m. In order to obtain promotion to one of
these vacancies, any employee must have a current EMT certification
prior to promotion to the classification of Fire Fighter II. The
lack of a current EMT certification shall be considered as a valid
reason for passover from any Fire Fighter II eligibility promotion
roster until all such vacancies are filled with employees possessing
-20-
current EMT certification. Loss of EMT certification or failure
to keep certification current shall be grounds for demotion or
temporary suspension.
2. Thereafter, all employees hired after October 1, 1973,
must have current EMT certification prior to promotion to the
classification of Fire Fighter II. All employees hired prior
x
to October 1, 1973 shall not be required to have EMT certifi-
cation prior to promotion to the position of Fire Fighter II.
Where applicable, lack of current EMT certification shall be
considered as a valid reason for passover from any Fire Fighter
II eligibility promotional roster.
-21-
ARTICLE V
Union Rights and Activities
Section 1. Payroll Deduction of Dues.
A. The Union shall supply the City with all necessary papers
and information for payroll deduction of dues and assessments. Such
dues and assessments will be deducted in the amount specifically
authorized by the individual employee on the "dues deduction author-
ization" (Appendix A attached) in such increased amount established
in accordance with the by -laws of the Union.
B. The City agrees to deduct dues upon receipt from the Union
of a "Dues Deduction" card voluntarily and individually authorized,
signed and dated by each member of the Union. This authorization
shall remain in full force and effect for the term of this Agreement
or until terminated by the employee. Such "Dues Deduction" is found'
in Appendix "A" and is incorporated by reference into this Agree-
ment. The City shall begin such deductions on the following pay
period after receipt of the "Dues Deduction" card.
C. The City agrees to deduct special assessments upon receipt
from the Union of a "Special Assessment Deduction" card voluntarily
and individually authorized, signed and dated by each member of the
Union. The card will state the reason for the special assessment,
and the amount to be deducted. Such "Special Assessment Deduction"
card is found in Appendix "B" and is incorporated by reference into
this Agreement. The City shall deduct such special assessment on
-22-
the following pay period after receipt of the "Special Assessment
Deduction" card,.
D. At any time a member of the Union desires to withdraw his
membership, he may voluntarily and individually do so. Such action
will be initiated through a "Termination of Dues Deduction" card
voluntarily and individually signed by the member of the Union and
furnished by the City. Such "Termination of Dues Deduction" card
is found in Appendix "C" and is incorporated by reference into this
Agreement. The City shall terminate deduction of such dues on the
following pay period after receipt of the "Termination of Dues
Deduction" card.
E. The City will be obligated to remit to the Union only those
sums deducted as dues and assessments from the Union member's pay-
check and will not be liable for damages to the Union, any individual
employee, or other persons for failure to deduct any authorized sum
for any reason.
-23-
Section 2. Negotiating team. Four members of the Union
negotiating team (or a number equal to the size of the City's negotiating
team, if larger) shall be allowed time off with pay in order to attend
negotiating meetings mutually set by the employer and the Union when such
meetings occur during the regularly scheduled working time of the employee.
—24—
Section 3. Union Activities.The Union may schedule small committee
meetings pertinent to Union business on Fire Department property insofar
as such meetings are not disruptive of the duties of the employees or the
efficient operation of the Fire Department provided, however, that per-
mission for such meeting shall be obtained in advance from the Fire Chief
or his designated representative. Union members or employees may-conduct
voluntary fund raising activities during working time, at their work
location so long as the conduct of such business does not interfere with
their duties as employees and advance permission of the Fire Chief for shch
volunteer work has been sought by the sponsoring organization, and granted,
and the Chief has given permission to the Union for such activity.
-25-
Section 4. Other Union functions. No fireman shall be refused.
reasonable leave of absence without pay, provided that a sufficient number of
employees to carry out the normal functions of the department shall be provided,
for the purpose of attending any fire, conventions, or meetings, the purpose of
which is to secure a more efficient department and better working conditions
for the personnel thereof.
-26-
Section 5. City facilities. The City facilities which are available
to private organizations on a rental basis shall be made available to the
Union under the same conditions that they are made available to other non-
profit organizations.
-27-
Section 6 Access . Subject to prior notification to and approval
from the Fire Chief or next highest ranking officer, the Union president or
his appointee shall have the right to visit the premises of the Fire Depart-
ment for purposes of administering this agreement. Visits shall be conducted
in a manner and at a time as not to interfere with the functions of the
department. Such approval of the Chief shall not unreasonably be withheld.
0
-28-
Section 7. Trainees. Neither the City nor the Union will attempt to
use Fire Department academy training to solicit or discourage union member-
ship.
During any portion of the Fire Department academy training devoted to
explanation of fire fighters' rights and duties under this contract. a rep-
resentative designated by the President of the Union shall assist the City's
representative in explaining the contract.
—29—
Section 8. Action outside City limits. It is understood and agreed
that any employee who is directed to perform duties outside the City limits
will be considered to be within the course and scope of his employment
while performing such duties,
-30-
ARTICLE VI
Retirement Age
Section 1. Age 65 shall constitute the mandatory retirement age
for all fire fighters assigned to fire suppression or ambulance duties below
the rank of Assistant Chief.
-31-
ARTICLE VII ,
Section 1. Management Functions. The Union recognizes that the
City has statutory and charter rights and obligations in matters relating to
municipal operations. The City and the Chief shall retain all rights and author-
ity to which by law they are entitled. It is understood by the parties that
every duty connected with operations enumerated in job descriptions is not always
specifically described, and the job descriptions are simply general guideline
descriptions and are not specific descriptions of all duties which employees
are required to perform. Except as provided in this Agreement, the City retains
the right to operate and manage its affairs in all respects.
It is understood that the City has the right to establish departmental
rules of procedure; to discipline or discharge for cause; to determine work
schedules and assignments, and to establish methods and processes by which work
is to be performed, all subject to applicable statues, the City Charter, standard
instructions, rules and regulations and standing orders, and this contract.
The City reserves the right to use civilians in the Fire Department
to perform duties which do not require a certified Fire Fighter. The scope of
such duties includes communications, information system, records, clerical
support, and maintenance. Civilians performing such duties are not subject to
the terms of this Agreement.
Section 2. Rules and Regulations. The City recognizes the responsi-
bility of management to reduce standard instructions, rules and regulations and
standing orders to writing and to maintain the same at each station in order
to achieve a uniform interpretation and application of such directives and
regulations.
-32-
Section 3.''Ntlninterference'with per96nal'lives. The. City
-will not publish, make or enforce any regulations or directives which will
interfere with the personal lives or off —duty activities of employees,
except to the extent that such regulations may be necessary to assure the
efficient conduct of the mission of the Fire Department. This section
will not supersede the rules and regulations of the Civil Service-Commission.
—33—
Section 4: Salaries of Assistant Chiefs. The positions of First
Assistant Fire Chief and Assistant Fire Chief shall be compensated at salary
grade levels set forth below within the General Salary Schedule consistent
with provisions provided under Section 2, Subsection (b) of Compensation Ordi-
nance No. 8127. The First Assistant Fire Chief shall be compensated at pay
grade 34, and the Assistant Fire Chiefs shall be compensated at pay grade 32.
Each incumbent shall be compensated at the nearest salary step which gives
the employee an increase in salary. All other subsequent step increases shall
be made consistent with longevity requirements of the General Salary Schedule
or as provided by authority of Section 2, Subsection (b) of Compensation
Ordinance No. 8127.
Provided, however, that the above compensation provision shall be
subject to all the terms and provisions of State civil service statutes,
including Article 1269m, and that, in the event of any conflict between the
compensation ordinance and the State civil service statutes, the State civil
service statutes shall control.
-34-
ARTICLE VIII
Grievance Procedure
Section 1. Scope of grievance procedure. Any disputes or griev-
ances which may arise between the City and the Union or an individual employee
shall be resolved as provided in the following grievance procedure, excepting
only those disputes within the jurisdiction of the Civil Service Commission
as created by Article 1269m.
-35-
x
Section 2. Right to present grievance; Union representation. Any
employee, with or without the assistance of the Union, may present a
grievance to the City and such grievance will be processed in accordance
with the grievance procedure outlined herein. Any employee may, if he
chooses, seek Union support for a potential grievance but shall not be
required to do so. If the Union chooses to support the grievance, -it shall
proceed and so inform the employee. If the Union chooses not to support
the grievance, the employee may proceed without Union representation.
When requested by the employee and agreed by the Union, the Union
may represent and act for the aggrieved'employee at all levels of the
grievance procedure; provided that in any case where the employee chooses,
the Union may not represent the aggrieved employee nor be present at any
level of the grievance procedure.
Section 3. Procedure for handling grievances. Grievances shall be
handled in the following manner:
Step 1: Within 15 days of the incident giving rise to the grievance,
or, if the employee is unaware of the incident at such time, then within
` 15 days the employee becomes aware of its occurrence, the employee shall
meet with his immediate supervisor and orally discuss the grievance. The
immediate supervisor shall make a decision and orally communicate the
decision to the aggrieved employee not later than 6 calendar days, or two
shifts, from the initial presentation of the grievance. Every effort shall
be made by the employee and the.immediate supervisor to resolve the grievance
at this level.
Step 2: If the grievance is not resolved at Step 1, the aggrieved
employee shall submit his `grievance in writing to his next immediate
-36-
supervisor within 9 calendar days, or three shifts, following the previous
supervisor's oral response. The written grievance shall contain the following
information:
(1) A statement of the grievance and the facts upon which it
is based;
(2) Shall point out the provisions of the agreement considered
applicable or alleged to have been violated, if any;
(3) Shall state the remedy or adjustment sought; and
(4) Shall be signed by the aggrieved employee.
The next immediate supervisor shall meet with the employee, discuss
the grievance, and shall respond in writing within 9 calendar days after
receiving the grievance. The written response at this step, and the manage-
ment responses at all steps thereafter, shall contain the following infor-
mation:
(1) An acceptance or rejection of the facts upon which the
grievance- is based;
(2) An explanation of the provisions of the agreement con-
sidered applicable;
(3) A statement of the remedy or adjustment, if any, to be
made;
(4) The signature of the appropriate management representatives.
If the employee rejects management's response in writing within 9
calendar days after receiving the response, the grievance shall auto-
matically go to Step 3; otherwise, the management decision shall be final.
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Step 3: I£ the management response at Step 2 is rejected, the
grievance shall be submitted to the Fire Chief. The Fire Chief shall meet
with the employee and discuss the grievance and shall make a written
response within 9 calendar days of the rejection of the decision at Step 2.
If the employee rejects the Fire Chief's response in writing within 9
calendar days after receiving the same, the grievance shall go to Step k;
otherwise, the Fire Chief's decision will be final.
Step 4: If the Fire Chief's response is rejected at Step -3, the
grievance shall be submitted to the City Manager or his designee who shall
meet with the employee to discuss the grievance and shall make a response
within 10 calendar days following the employee's rejection of the decision
at Step 3.
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Section 4. Arbitration.
A. If the grievance has not been resolved at Step 4, the
Union may request that the grievance be submitted to arbitration.
B. Mandatory arbitration: Upon request by the Union, arbi-
tration is mandatory on the part of the City with regard to those
grievances or disputes involving the application, interpretation
and enforcement of the terms of this Agreement and which are limited
to incidents involving individual employees or employee groups,
rather than matters affecting the entire bargaining unit as a whole.
The refusal to submit a dispute to arbitration where arbitration
is made mandatory by this section, shall be deemed an action or
omission pertaining to the rights, duties, and obligations provided
by Article 5154C -1, V.A.C.S. and the parties requesting arbitration
shall be entitled to the remedies allowed by Section 18 of that
Act, subject to judicial determination.
C. Voluntary arbitration: Any other disputes, including
contract interpretations on applications as they might possibly or
otherwise affect the bargaining unit as a whole, may be submitted
to voluntary arbitration only upon the mutual agreement of the City
and the Union.
D. within 10 business days after a request for mandatory
arbitration or an agreement for voluntary arbitration, the City
and the Union shall meet and attempt to agree upon a neutral arbi-
trator. If the parties fail to agree, a list of 7 qualified neutrals
-39-
shall be requested from the American Arbitration Association.
Within 5 business days after receipt of the list, the Union and the
City shall alternately strike names from the list and the last
remaining name shall be the arbitrator.
E. The hearing on the grievance shall be informal and the
strict rules of evidence or pleading shall not apply. The arbi-
trator shall not have the power to add to, subtract from or modify
the provisions of this Agreement in arriving at a decision on the
Issue or issues presented, but shall confine his decision to the
interpretation, application or enforcement of the Agreement as
applicable to the facts and circumstances presented. The arbitra-
tor shall confine himself to the issues submitted for arbitration,
and shall have no authority to determine any issue not submitted
to him. The decision of the arbitrator shall be final and binding
upon the aggrieved employee, the Union and the City.
F. The City and the Union shall share equally the fees and
expenses of the arbitrator.
G. The time limits prescribed by Sections 7 and 8 may be
waived by mutual agreement in writing between the City and the
Union or the employee. Although the grievance must be reduced to
writing at Step 2, strict rules of pleadings shall not be applicable,
and just relief shall not be denied on account of defects in form.
-4o-
Section 5. Payment while participating in grievance and
arbitration procedures. Union officials and members participating in the
grievance and arbitration procedure in an official capacity shall receive
full pay while performing the duties required under the previous sections.
This shall include the Union representative of the aggrieved employee
at Steps 1 through 4 and the Union president and chairman of the Union
grievance committee and such other Union officials equal in number to the size of
the City's arbitrating team, if more than 2, excluding legal counsel.
-41-
ARTICLE IX
Section 1. The City and the Union, having recognized that
cooperation between management and employees is indispensable to the accom-
plishment of sound and harmonious labor relations, shall jointly maintain and
support a Labor Relations Committee. The Labor Management Committee shall
consider, discuss and recommend to the Chief any problems pertaining to the
employment conditions of employees. Matters subject to the grievance procedure
shall not be appropriate items for consideration by the Labor Management Committee.
The Union shall designate its representatives .
The City shall designate its representatives. The Labor - Management
Committee shall- meet at the call of either the Union members
or the City members at times mutually agreeable to both parties.
-42-
Section 2. Advisory Group Health Insurance Committee.
There is hereby established an Advisory Group Health Insurance
Committee, consisting of the following:
1. City Manager or his designated representative,
2. The Director of Personnel,
3. The Director of Finance,
4. Fire Chief,
5. City - County Health physician,
6. One nonsupervisory member of the Fire Fighter's Union,
7. One supervisory member of the Fire Fighter's Union.
The City Manager may designate other ex officio members to this
committee from other City departments as the need arises and at his discretion.
The duties of this committee shall be to meet on a regular basis,
as determined by them, and review the effectiveness, performance, and
utility of the existing group health insurance program covering all City
employees, and to make recommendations concerning improvements or changes
thereon.
-43-
ARTICLE X
Section 1:''LegAI'Defense. The City will provide a legal
defense to any fire fighter in a civil lawsuit, on account of any action
taken by such fire fighter while acting within the course and scope of the
fire fighter's employment for the City of Corpus Christi_ The City, by
conducting or participating in the employee's defense, does not assume
any obligation or liability not otherwise imposed by law and does not
expressly or impliedly waive any immunity or defense which is available to
the City. The City shall assume no obligation not otherwise imposed by
law for any judgment which is rendered against an employee. The City
Manager may in his discretion refuse a legal defense for an employee where
. R
there are indications of intentional acts, gross negligence or recklessness.
(1) The fire fighter shall notify the City of any claim being
made against such fire fighter not later than thirty (30),days from the
date that such fire fighter received notice of such claim,, and shall
request the City to assume the defense of the fire fighter %regarding such
claim. The City may require that such request be made in writing;
(2) If suit is brought against such fire fighter, such fire
fighter shall immediately forward to the City Attorney every demand, notice,
summons or other process received by him;
(3) Such fire fighter shall 'cooperate with the City and, upon
the City's request, shall assist in making settlements, and the conduct of
suits, and in enforcing any rights of contribution or indemnity against.
any person or organization who may be liable for all or part of such damages,
and shall attend all hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses.
—44—
ARTICLE XI
Concluding Provision
If any article or section of this Agreement should be found invalid,
unlawful or unenforceable by reason of any existing or subsequent enacted legis-
lation or by judicial authority, all other articles and sections of this Agree-
meat shall remain in full force and effect for the duration of this Agreement.
In witness whereof, we have executed this Agreement this day of
- , 1976.
CITY OF CORPUS CHRISTI INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL UNION NO. 936
By By
City Manager President
ATTEST:
r
City Secretary Secretary - Treasurer
APPROVED:
DAY OF , 1976:
J. BRUCE AYCOCK
City Attorney
t
-45-
aft: 5/24/76
APPENDIX ",V
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
n
r -
Dues Employee Title
Code ' ........ " Payroll No: ...... .. ' Number ..... .... Code No.—
Social
Name " ' _ .. ...... ... .... Security No:'" '
(last) (First) (M.I.)
Address Zip Code '- ..... ...'
I hereby authorize the City of Corpus Christi to deduct each pay period the sum
of . ... ' " ' " ' " ' " .. ' . as certified by the International Association of Fire -
Fighters, Local Union 936, as the current rate of dues or an amount as may
hereafter be established by the International Association of Firefighters,
Local Union 936 as dues. This deduction is to be forwarded directly to the
International Association of Firefighters, Local Union 936. The authorization
of this deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward to the
Association only those sums actually deducted and will not be liable for damages
to me for failure to deduct any authorized sum for any reason.
Signed
Date. .. . ... . .. ..... .....
U
ft: 5/24/76
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUMORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
Assessment Title
Code ' .. .... Payroll No.' " " ' Employee No " " " ' Code No.''
Social
Name " ' ' Security No: "
(Last) (First) (M.I.)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct a special assessment
in the sum of " " " "" "" "" "' as certified by the International Associ-
ation of Firefighters, Local Union 936 for the expressed purpose of "'"
" " "'' "" " "" .... ' "" .. The authorization of this special assessment
deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward to
the Association only those sums actually deducted and will not be liable for
damages to me for failure to deduct any authorized sum for any reason.
Signed
Date
draft: 5/24/76 '
APPENDIX "C"
TERMINATION OF DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
Dues Title
Code Payroll No... "' Employee No: Code No:
Social.
Name . ....... Security No. '' '
(Last) (First)
Address ... Zip Code-'- ....... ......
I hereby terminate the authorization previously executed by me on
for dues deduction for the International Association of
Firefighters, Local Union 936 and request that the City make no further
deductions under said authorization. This termination of dues deduction is
entirely voluntary on my part and I understand that the City of Corpus Christi
will not be liable for failure to promptly effectuate this termination for
any reason.
Signed.
Date..... .. .. .... ..
t
3
CORPUS CHRISTI, TEXAS
_DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY
. (�?-' "2","4_
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY TH FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES al p
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
.EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE