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HomeMy WebLinkAbout14511 ORD - 09/20/1978'TKH:vmr: 8, 16 -78; lst L r � � 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 SUBSTAN- TIAL 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 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the -2D day of . ATTEST: City eta APPROVED: __DAY OF AUGUST, 1978 J. BRUCE AYCOCK, CITY ATTORNEY By _ A tart City Attorney 1451.1 1CR0F IM Fil CONTRACT BETWEEN CITY OF CORPUS CHRISTI AND LOCAL UNION 936 . INPERNATIONAL ASSOCIATION OF FIREFIGHTERS AUGUST 1, 1978 t TABLE OF CONTENTS PAGE PREAMBLE . . . • • • • . • . ... ARTICLE I - DEFINITIONS . . . . . . . . . . . . . _ _ _ _ _ . I ARTICLE II - RECOGNITION ARID GENERAL PROVISIONS .2 _ Section 1. Recognition . . . Section 2 -A. Duration ' ' 2 Section 2 -B. Amendments . . . . . . . ' ' ' ' ' 2 . . . . . . . . ' ` ' ' ' ' ' Section 3. Nondiscrimination 2 . Section 4. Prevailing Rights 2 _' Section 5. Copies of Agreement 3 . 3 ARTICLE III - WORKING CONDITIONS . . . . . . . ... _ . _ _ • _ . 4 Section I. Work Week and Duty Hours . . • ' ' ' . . Section 2. Overtime . . 4 . . . . . . ' ' ' ' ' Section 3. Call -backs 4 . Section 4. Illness ' ' ' • • • 4 Section S. Holidays and Vacation . • . . . . . • ' ' ' ' ' 4 Section 6. Working out of Classification • . . . . . . ' ' S -Section 7. Uniforms ' ' ' ' ' 5 Section 8. Mileage Allowance . . . . . . . . ' 5 Section 9. Educational Incentive 6 Pay . . . • Section 10. Meals . . 6 . . Section li. Relief . . . . . ' ' ' ' ' 7 . . ... . . Section 12. Sick Leave Accounting 8 . Section 13. Use of Sick Leave in the Event,of� Death 8 the Immediate Family . .8 . . . . ... . . . . . . . . ARTICLE IV - RANKS AND WAGES ..:10 Section I. Ranks and Wages . • Section 2. Performance EMT 10 of duties . . . . . _ 12 ARTICLE V - UNION RIGHTS AND ACTIVITIES . Section 1.' Payroll Deduction of Dues . Section 2. Negotiating Team . . ' ' ' " ' 15 Section 3. Union Activities 16 _. Section 4. Other Union Functions . . . . 16 . Section 5. City Facilities . . . • . • 17 Section 6. Access . . . . ' ' ' ' • • • • . • 17 Section 7. Orientation . . . . . . . . . . ' ' " . ` • • 17 . Section 8. Action Outside City 17 Limits . . . . ' " . ' . • , Section 9.- Notification of Promotion i8 . Section 10. Parties to Select their own Representatives '. 18 . Section li. Contract Administration i TABLE OF CONTENTS - cont'd. PAGE -ARTICLE VI - RULES AND REGULATIONS . . . . . . . . . . . . . . . . . . 20 Section 1. Management Functions Section 2. . . . . . . . . . . .. Rules and Regulations . : : : : 20 Section 3. . . . . . . . . . : .' Noninterference with Personal Lives 21 Section 4. . . . . . . . . Salaries of Assistant Chiefs 21 Section S. . . . . . . . . . . . Disaster Interchange . . : 21 '22 Section 6. . . . . . . . . . . . . . Performance Testing for Promotional Exams Section 7. . . . . . . Appointment of First Assistant Fire Chief 22 Section 8. . . . . . . probationary Period for New Employees . 23 Section 9. . . . . . . . . Corrections to entrance or promotional examination 23 Section 10. questions . . . . . . . . . . . . . . . . . . . . . . Promotional Examination Study Materials . . . . 24 24 Section 11. . . . Administration of Entrance Examination . . . . . . . 24 ,:ARTICLE Vii - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . 25 Section 1. Scope of Grievance Procedure Section 2. . . . . . . . . . . . . Right to Present Grievance; Union Representation 25 25 Section 3. . . Procedure for Handling Grievances . . . . . . 25 Section 4. . . . . Arbitration . Section S. . . . . . . . . . . . . . . . . . . . . Payment While Participating in Grievance and 27 Arbitration Procedures Section 6. . . . . . . . . . . . . . . . Employee Appeals . . 31 . . . . . . . . . . . . . . . . 31 ,ARTICLE VII - HEALTH AND WELFARE . . . . . . . . . . . . . . . . . . . 33 Section 1. Labor- Management Committee Section 2. . . . . . . . . . . Identification Cards 33 Section 3. . . . . : . . . . . . . . Health Insurance and Life Premiums 33 . . . . . . . 33 ARTICLE ix - LEGAL PROCEDURE . . . . . . . . . . . . . . . . . . . . . 35 Section 1. Legal Defense . . . . . . . . . . . . . . . . . . . . 35 ARTICLE X - CONCLUDING PROVISION . . . . . . . . . . . . . . . . . . . 36 PREAMBLE The following agreement is made this day of 1978, by and between the City of Corpus Christi, Texas, hereinafter referred to as "the City", and the International Association of Firefighters, 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 conditlons of employment is a primary purpose of this agreement as.well as the promotion of harmonious relationships between the City and the Associa- tion. This agreement has been negotiated through the collective bargaining process with the objective of serving the aforementioned purpose and with the further object of fostering effective cooperation between the City and its Firefighters. 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 Association of Firefighters.- Local-Union 436. 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 receiv- ing wages or benefits as provided under this contract, and therefore are not included within the definition of employee. 4. "Members" means any employee who -is on the membership, list of and pays dues to the Union. S. "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. -I- ,. t ARTICLE II RECOGNITION AND GENERAL PR0VI5IONS Section 1. Recognition. The City recognizes the Union as the exclusive bargaining agent for a bargaining unit consisting of each sworn, certified Firefighter 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 Firefighters by the Civil Service Commission. Such persons will be members of the bargaining unit during the remaining probationary period which follows their certification to Firefighter classification. Section 2 -A. Duration. This agreement shall be effective as of the first day of August, 1978, and shall remain in full force and effect until July 31, 1979, and thereafter until superseded by a new contract. Section 2 -B. Amendments. The Union and the City may-jointly agree to negotiate possible changes in the contract during its term. Such negotia- tions shall be set at the convenience of both parties. In order for the contract to be amended both parties must agree upon the amendment. Section 3. Nondiscrimination. This agreement applies equally to all Firefighters of the City of Corpus Christi, and the parties agree to apply the provisions of this agreement to all Firefighters without dis- crimination because of race, color, sex, age, religious creed, national origin or Union affiliation. -2- ARTICLE II - cont'd. Specifically, the City 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) 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. Section 4. Fr. All rights, privileges and working conditions enj evailing Rights oyed 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. Section S. Copies of greement. The City shall provide every employee covered by this agreement with a copy of this agreement without alteration and it shall be in effect as of August 1, 1978. -3- 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 8:00 a.m. on the day to be worked and shall end at 8:00 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 1 work day for vacation or sick leave purposes., Section 2. Overtime. All employees shall be paid for authorized over- time work at the rate of 1 -1/2 times the regular rate, provided that such rate for positions with scheduled work weeks other than 40 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. Overtime shall be .computed.to the.nearest quarter hour.. Section 3. Call - backs'. Any employees who are called back to duty or sub- poenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of 1 -1/2 times the employees regular rate of pay from the time the employee is ordered to report to duty, and shall be paid for the actual time worked in that shift or for a minimum of 3 hours for any one call -back incident. Section 4. Illness. In the event of illness, the employee shall- notify the Assistant Chief or Acting Assistant Chief on duty immediately when -4- ARTICLE III - cont'd. the employee knows he will be absent on account of illness. Any shift employee absent 3 or more consecutive work shifts, and any 40 -hour week employee absent 5 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, by written request, call for a medical certificate if, in his judgment, he deems it appropriate for a just cause. Section S. Holidays and Vacation. Each employee shall receive the following holidays during each fiscal year: 1. New Year's Day 2. Memorial Day 3. Fourth of July 4. Labor Day S. Thanksgiving Day 6. Christmas Day 7. One holiday to be determined by the City And Firefighters shall have the same number of holidays or days in lieu thereof, that are granted to other municipal employees. The current practice of adding holidays to vacation time shall be retained. Section 6. Working Out of Classification. Any Firefighter assigned the duties of a higher classification for a period of 2 hours or more or who drives either a light air truck, hose tender, emergency - rescue vehicle, or foam truck for an accrued period of 2 hours or more during any shift shall be paid the base salary of the higher classification, 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, whichever is greater. -5- ARTICLE III - cont'd. 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, including jackets but 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. The City retains the right to establish the style and color of the official uniform and its insignia. If City changes style and color of uniform, it shall pay 100; of the original cost when such changes cause the previous uniform to be obsolete. Original issue of uniforms to each Firefighter shall be as follows: 1. Firefighter II and below, four uniforms and three jumpsuits. 2. EMM's, five uniforms and two jumpsuits. 3. Inspectors and 40 hour employees, six uniforms and one jumpsuit. 4. Lieutenants and Captains, five uniforms and two jumpsuits. 5. Chief Officers, five uniforms and one jumpsuit. Section 8. Mileage Allowance. Employees required to use their private automobiles for authorized Fire Department business or as a necessity in changing stations shall he compensated at the rate specified or to be specified in the compensation ordinance of the City, but not less than 15¢ per mile. Section 9. Educational Incentive Pay. (1) Employees shall be eligible for educational incentive pay at the monthly rate of 70¢ per month for each academic semester hour satisfactorily completed provided that such hours are applicable toward a degree in Fire Science. -6- ARTICLE III - cont'd. In no event will more than $49.70 per month be paid without successful com- pletion of the requirements and the receipt of the associate in Applied Science degree in Fire Science; if the employee is attending an upper level 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 Bachelor's Degree in Fire Science or Occupational Education with specializa- tion 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 $37.10 per month or a combined total of $86.80 per month. Successful completion of the requirements and receipt of a Bachelor's Degree in Fire Science or Occupa- tional Education with specialization in Fire Science will qualify the employee for a maximum of $90.30 per month. (2) Approved hours above the Bachelor's Degree applicable toward a Master's Degree in Fire Science will be eligible for educational incentive pay at the same rate up to an additional $14.00 per month. Successful completion of the Master's Degree in Fire Science or Occupational Education with specialization in Fire Science will qualify the employee for an additional $7.00 per month for a maximum combined total of an additional $21.00 per month on a Master's Degree. (3) No probationary employee shall be eligible for educational incentive pay until after he has successfully passed his probationary period. Section 10. Meals. When it appears eminent that Firefighters will be engaged in firefighting duties at the scene of a fire 2 hours past normal meal time, they 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. -7- ARTICLE III - Cont'd. Firefighters engaged in ambulance duties 2 hours past their normal mealtime shall be fed at the City's expense, not to exceed $2;00 per meal per man, provided that approval of the chief officer is granted in advance. ' Sect_ io_ nll, Relief. Firefighters 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 fire fighting duties, if relief manpower is available. i . In'the event that any Firefighters are required to engage in fire, i 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 Firefighters to other - duties away from the scene. Sect_ i_ on 12, Sick Leave Accounting. The City shall post in each fire station an accounting of sick leave and vacation accrual on a semi- , annual basis. Sect on 13, . Use of Sick Leave in the Event of Death in the Immediate Fa EX- In the event of death in the immediate family of an employee, the employee shall be granted sick leave for one 24 -hour work shift for 56 -hour =work week employees and two 8 -hour work shifts for 40 -hour work week employees. Any additional time off on account of such death shall be charged against vacation time. The immediate family, for purposes of this contract, shall -be defined to include parents, spouse, mother -in -law and father -in -law, children, brothers, sisters, grandparents, and grandchildren. -8- ARTICLE III - cont'd. In the event of a death not in the immediate family of an employee, the employee may, upon approval of the Fire Chief, be granted time off to attend funeral services, and such time off shall be taken as vacation leave- ARTICLE IV RANKS AND WAGES Section 1. Ranks and Wages. Effective the basic ranks within the Fire Department, as well as the applicable job classifica- tions and applicable monthly pay rates shall be as follows: -10- PUBLIC SAFETY GROUP SALARY SCHEDULE August 1, 1978 Fire Class Code Class Title Start in 900 Trainee 803 901 Firefighter 933 980 1,029 1,105 906 Firefighter II 1,120 1,135 1,150 909 Fire Inspector I 1,120 1,135 1,150 911 Fire Inspector II 1,127 1,138 1,176 902 Fire Lieutenant 1,195 1,225 1,255 910 Fire Alarm Operator 1,195 1,225 1,255 903 Fire Captain 1,318 1,385 1,454 904 Master Mechanic 1,527 1,603 1,683 905 District Chief 1,527 1,603 1,683 ARTICLE IV - cont'd. Section 2. Performance of EMT Duties A. Employees holding the rank of Firefighter II may be assigned the following duties, among others: •1. Apparatus Operator 2. Emergency Medical Technician 3. Other fire fighting duties as assigned B. Effective August 1, 1976, there shall be a total of 120 budgeted Firefighter II positions which shall be filled from time -to -time by promo- tional examination in accordance with the provisions of Article 1269m and.this contract. (1) The 60 positions created effective August 1, 1976,-by the 1976 -77 contract shall be considered Ambulance Service positions within the Firefighter II classifications. All other positions shall be considered Fire Suppression positions within the Firefighter II classification. All -Firefighter II employees who received promotions to Firefighter II during the 1976 -77 contract year because of holding a current EMT certification shall be grouped in the Ambulance Service. All other Firefighter. II employees shall be grouped in the Fire Suppression Service. (2) When a vacancy occurs in the Firefighter II classification, a record shall- be kept as to whether it occurred in the Fire Suppression or Ambulance Service. (3) In order to obtain promotion to a Firefighter II vacancy in Ambulance Service, an employee must have a current EMT certification prior -12- ARTICLE IV - cont'd. to promotion to the classification of Firefighter II. In promoting the . Firefighter II to the Ambulance Service, the lack of a current EMT certifi- cation shall be considered a valid reason for passover from any Firefighter II eligibility promotion roster; however, such Passover shall not cause the employee to be dropped from a promotional roster. Loss of EMT certification or failure to, keep certification current by a Firefighter II in the Ambulance Service shall be grounds for demotion or temporary suspension. Firefighter II's in Ambulance Service requesting permanent relief from ambulance duty must accompany such request with a request for voluntary demotion not sub- ject to Civil Service Commission determination. (4) Any employee in the Ambulance Service may be transferred to Fire Suppression by taking a promotional examination and obtaining a position on an eligibility roster which would entitle him to promotion to fill a Firefighter II vacancy in Fire Suppression as each Fire Suppression vacancy occurs. Such a transfer shall create a Firefighter II vacancy in the Ambulance Service to be filled from the eligibility roster by employee eligible for :promotion to such position. C. All promotional examinations to the Firefighter II rank will be based solely upon knowledge of fire suppression skills. D. All Firefighter and Firefighter II employees hired after October 1, 1973, must obtain a current EMT certification, and loss of EMT certification or failure to keep certification current on the part of such employee shall be grounds for disciplinary action including demotion or temporary or indefinite suspension. This requirement will not apply to any employees hired before October "1, 1973. -13- ARTICLE IV - cont'd. E. It is understood that employees performing the duties of Emergency Medical Technicians are performing duties of the Firefighter II rank, and Firefighter I's who are assigned to such duties shall receive acting pay as provided by law. F. Any Firefighter II who is regularly assigned to EMT duties shall be entitled to receive, but only upon his request, temporary reassignment to Firefighter I duties for as much as two pay periods in any one 6-;month • period; provided, however, that during any pay period that such employee is performing such voluntary reassignment he shall be paid only at the maxi- mum Firefighter I rate for Firefighter I duties performed during said period of reassignment. However, it is agreed that such reassigned employee will continue to hold his Firefighter II rank, and will be entitled to all other rights and privileges pertaining thereto. The scheduling of temporary reassignment shall be made at the reasonable discretion of the management of the Fire Department.., G. To the extent that any of the provisions of this Section 2 conflict with Article 1269m or any other State Civil Service Statute, the provisions of this Section shall control and the applicability of such statutes are altered accordingly, -14- ARTICLE V UNION RIGHTS AND ACTMTIES Section I. payroll Deduction of Dues. A. The Union shall supply the City will all necessary papers and information for payroll deduction of dues and assessments. Such dues or assessments will be deducted in the amount specifically authorized by the individual employee and in accordance with the bylaws 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 "N' and is incorpor- ated by reference into this agreement. 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" which is found in Appendix "B" and is incorporated.by reference into this agreement. the City shall deduct such:special assessment on 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 Dediction Card" voluntarily and -15- ARTICLE V - cont'd. 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 paycheck 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. 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 employees. 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 effic- ient operation of the Fire Department, provided however, that. permission for such meeting shall be obtained in advance from the Fire Chief or his desig- nated 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 such volunteer work has been sought by the sponsoring organization, and granted, and the Chief has given permission to the Union for such activity. . ARTICLE V - cont'd. 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 school, conventions, or meetings, the purpose of which is to secure a more efficient department and better working conditions for the personnel thereof. Two elective delegates in addition to the President of the Association .-shall be allowed two shifts off with pay during the contract year to attend out of town Union activities, be it either a state or national convention, or any other meetings or siminars held by the Union. Travel expenses, food, lodging, etc., shall not be borne by the City. 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. 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 depart- ment. Such - approval of the Chief shall not unreasonably be withheld. Section 7. Orientation. Neither the City nor the Union will attempt\ to use Fire Department academy training to solicit or discourage Union membership. -17- ARTICLE V - cont'd. During any portion of the Fire Department academy training devoted to explanation of Firefighters' rights and duties under this contract, a representative designated by the president of the Union shall assist the City's representative in explaining the contract. 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. Section 9. Notification of Promotion. Any employee promoted to a higher classification shall be notified in writing within thirty days from the date of promotion. Section 10. Parties to Select Their Own Representatives. Both the City and the Union shall be entitled to select persons to represent them as members of a negotiating team, and to represent them on grievance and arbi- tration matters and in other proceedings; provided, however, that the City shall not select any employee of the Fire Department holding a rank below Assistant Chief, and the Union shall not select any employee of the Fire Department holding a rank above District Chief. Section 11. Contract Administration. During fiscal year 1977 -78, training and /or orientation for all employees within the bargaining unit shall be conducted to inform such employees of their rights and obligations under this agreement. The City shall develop and implement a standard instruction outlining the procedures and methods by which supervisors resolve employee grievances. -18- ARTICLE V - cont'd.- The City will consult with the Union on the form and content of 'these standard instructions, but the City retains the right to make any and all final decisions regarding these matters. -Training and informational sessions for all employees will be conducted jointly by the City and the Union. 'Attendance at such training will be mandatory and if such sessions are scheduled at the time when the employee would otherwise be off duty, the employee shall be considered called back on duty to attend such session. N -19- ARTICLE VI RULES AND REGULATIONS Sect _lion 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 authority to which by law they are entitled. It is understood by the Parties that every duty connected with operations enumerated in job descrip- Lions 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 statutes, 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 Firefighter. The scope .of such duties includes communications, information systems, records, clerical support, and maintenance. Civilians performing such duties are not subject to the terms of this agreement. Except "for assignment of Fire Alarm Operators to communications duties, firefighters subject to this agreement will not be assigned to fire alarm office duties except on a temporary basis - in the event of emergency. The City will-be allowed a reasonable time to train -20- ARTICLE VI - cont'd. civilians to assume these duties. This paragraph is applicable, any pro- visions of Article 1269m or the City Charter, notwithstanding. 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, within the contract year. Section 3. Noninterference with Personal- 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, and shall not be interpreted to apply to or negate any rules or regulations pertaining to - residence within the City limits. 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 the provisions provided under Section 2(b) of compensation Ordinance -No. 8127. The First Assistant Fire Chief shall be compensated at Pay Grade 34 and the Assistant Chiefs at Pay Grade 32. 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(b) of compensation -21- ARTICLE UI - cont'd. Ordinance No. 8127. Individual merit or performance salary increases as _ authorized by the compensation ordinance shall be permitted for the First Assistant Chief and the Assistant Fire Chief, Article 1269m notwithstanding. Section 5. Disaster Interchange. Reassigtt, nt of personnel in the event of disaster. The City shall have the right, in the event of major natural disasters or major civil disorders, as determined by appropriate City officials or the governing body in accordance with their powers as granted by law, to assign Fire Department personnel subject. to this agreement to non - fire fighting duties during such emergency conditions. In addition, during t such conditions, the City shall have the right to assign nonfire fighting personnel to fire fighting - duties if there is not sufficient Fire Department manpower to perform such duties. Section 6, performance Testin for Promotional Examinations.- The City and the Union shall develop and agree upon, sometime during the tenure Of this contract, nonwritten performance testing methods to be included as part of promotional examinations. Such nonwritten performance testing shall not account for more than twenty -five percent (25 %) of the one hundred (100) points of the maximum grade for promotional examinations. The written portion of promotional examinations shall be conducted entirely as provided by Article 1269m, and the grading methods and establishment of the eligibility roster' shall also be conducted entirely as provided by Article 1269m. The nonwritten performance testing shall consist of identical tests to be given to each applicant which shall be scored upon a mathematical,' objectively verifiable basis and shall be prepared so as to test the performance -22- ARTICLE UI - cont'd. skills of the applicants concerning duties of the positions sought. The _ general nature of the skills to be tested shall be based upon material which has been made available to-all members of the Fire Department involved. The Union may appoint one Union member with pay, to observe the conduct of the performance testing and to verify the accuracy of scoring. .It is agreed that the Union observer shall not participate in the conduct of the examination or the scoring process. Such performance testing, after agreement.between the City and the-' Union, shall be included as part of promotional examinations, anything to the contrary in Article 1269m notwithstanding. Section 7. Appointment of First Assistant Fire Chief. In the event. of vacancy in the position of First Assistant Fire Chief, promotion to such position shall be exempt from competitive examination, and, instead, shall be mada by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall fill such vacancy from the permanent salary classification immediately below that for which the appointment is being made, Article 1269m provisions to the contrary notwith- standing. Section B. Probationary Period for New Employees. A new employee in the Fire Department shall serve a probationary period of twelve (1 2) months which shall begin with the date of first employment, rather'than from the time of graduation from the Fire Academy or certification. During such probationary period, such employee shall have only those rights granted to probationary employees by Article 1269m. When the employees have served the full proba- tionary period, they shall automatically become a full- fledged Civil Service -23- ARTICLE VI - cont'd. full Civil Service protection as specified by Article 1269m and this contract, Article 1269m to the contrary notwithstanding. Section 9. Corrections to Entrance or Promotional Examination Questions. The Civil Service Director shall have authority within 5 days of the date of the examination to recommend to the Civil Service Commission changes to entrance or promotional examination questions where clerical errors in compiling the test questions have been discovered, or where a question arises as to general accuracy. This does not restrict the Firefighter from appealing questions to the Civil Service Commission. Section 10. Promotional Examination Study Materials. Study materials and texts .for promotional examinations shall be posted and available at least 60 calendar days ,prior to an examination. .Exceptions shall be permitted on materials or books which _ are not readily available from publishing companies. In any event, such study ma- terial must be available at least 15 days prior to the examination date. Such _ test material will not be used on the examination if study material is not available 15 days prior to the examination date. Section 11. Administration of Entrance Examination. Entrance examinations may be administered at any time to qualified groups or individual applicants consistent with public posting requirements of Article 1269m. All applicants passing the writ- ten examination, oral examination, and strength and endurance examination shall be _ranked upon the eligibility list for Firefighter Trainee based upon composite scores _posted simultaneously. Such eligibility list shall be valid for a period of 12 con- tinuous calendar months from the date of original posting. Applicants who fail will be required to wait 1 year before taking the test again. -24- ARTICLE VII GRIEVANCE PROCEDURE Sect` io7 Sco a of Grievance Procedure. Any disputes or grievances 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 remaining within the jurisdiction of the Civil Service Commission as created by Article 1269m. Sect_io, n 2, Ri ht to Present Grievance; Union Rzpres_ e�tiun. Any employee, with or without the assistance of the Union, may present a grievance to the City on a form provided by the City and such grievance will be proces- sed 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 to by the Union, the Union .may represent and act for the aggrieved employee at ail 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. S8etion 3, procedure for Handlin Grievances. Step 7. 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 -25- ARTICLE VII - cont'd. supervisor shall make a decision and a written statement of this decision will be given 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 super- visor within 9 calendar days, or three shifts, following the previous super- visor'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- went responses at all steps thereafter, shall contain the following information: (1) An acceptance or rejection of the facts upon which the grievance is based; (2) An explanation of the provisions of the agreement considered applicable; (3) A statement of the remedy or adjustment, if any, to be made; -26- ARTICLE VII - cont'd. (4) The signature. of the appropriate management representative. If the employee rejects management's response in writing within 9 calendar days after receiving the response, the grievance shall automatically go to Step 3; otherwise, the management's decision shall be final. Step 3. If 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 4; 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 3h writiny immediately to the City Manager or his designee who shall meet with the employee to discuss the grievance and shall make a response within 15 calendar days following the employee's rejection of the decision at Step 3. 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, arbitration 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 bar- gaining unit as a whole. The refusal to submit a dispute to arbitration• -27- ARTICLE VII - cont'd 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. Arbitration Procedure: Within 10 business days after a request for mandatory arbitration, an agreement for voluntary arbitration, or an appeal to arbitration from a promotional bypass or an indefinite or discip- linary suspension, the City and the Union shall meet to begin the arbitration procedures provided herein. (1) Expedited Arbitration: (a) Upon agreement between the City and the Union, such arbitration shall be conducted according to the expedited labor arbitration rules of the American Arbitration Association. Any person may be placed on the list by agreement of the parties. Such expedited arbitration shall be governed by the expedited arbitration rules of the American Arbitration Association, except that in the event of conflict between those rules and the rules of procedure governing arbitration hearings as set out in this contract, or other specific provisions of this contract, the specific provisions of this contract shall control. If a procedure or question arises which is outside the scope of these rules or this contract, such questions shall be determined according to rules governing arbitration hearings generally, and determined by the arbi- trator. Arbitration proceedings may be continued or recessed by the arbitrator ARTICLE VII - cont -d. in the interest of justice or for the convenience of the parties involved when mutually agreed upon by the parties. (b) The expenses of expedited arbitration shall be divided equally between the City and the Union. (2) Statutory Arbitration: If the City and the Union have not agreed upon a list for expedited arbitration,•they shall meet within five (5) working days of the notice for mandatory arbitration, the agreement for voluntary arbitration or the notice of appeal to arbitration and attempt to agree upon a mutual arbi- trator. If agreement is reached, proceedings shall be conducted according to the expedited arbitration rules set forth above. If agreement is not reached, a list of seven (70) qualified neutrals shall be requested immediately from the American Arbitration Association. Within five (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, and - _P9- ARTICLE VII - cont'd. arbitrations shall thereafter be conducted according to the procedures and time limits set forth in Article 5154c -1, except as the same may be extended by the arbitrator due to conflicts in his schedule. The costs of arbitra- tion-conducted on this basis shall be-equally borne by the City and the Union. Nothing herein mandates contract impasse arbitration, but the procedures of Article 5154c -1 are simply adopted for use where arbitration is allowed or required by this contract. (3) Various Rules Applicable to Arbitration Proceedings: (a) The hearing on the arbitration shall be informal and the strict rules of evidence or pleadings shall not apply. The arbitrator shall not have the power to add to, subtract from, or modify the applicable -provisions of Article 1269m or of this agreement in arriving at a decision on the issue or issues presented but shalT confine his decision to the inter- pretation, application or enforcement of Article 1269m and this agreement as applicable to the facts and circumstances presented. The arbitrator 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, subject to judicial review as provided by Article 5154c -1. (b) In appeals to arbitration from a promotional bypass.' disciplinary suspension, or indefinite suspension, the burden of proof shall be upon the City, and the employee shall be entitled to recover baclC pay for :any portion of the suspension which is not upheld. (c) The parties, during arbitration hearings, shall have the f6llowing rights: to -exchange .the names of witnesses to be cal led and the - -30- ARTICLE V•II - cont'd. nature of their testimony prior to the-hearing; to require the arbitrator -to subpoena witnesses; to be represented by legal counsel; to present evi- dence, testify and argue the evidence; to confront and cross - examine adverse witnesses (subject to the reasonable discretion of the arbitrator to admit hearsay evidence); to have discovery appropriate to the nature of the case prior to hearing, subject to rules of discovery in Texas Civil Cases. Judicial rules of evidence need not be strictly followed; witnesses may be placed under the.rule, and all hearings shall be public unless otherwise .agreed by the affected parties. The arbitrator shall render a decision stating which charges it rinds to be true. The conclusion reached by the arbitrator shall be based solely on evidence adduced at the hearing. The arbitrator shall not communicate with parties or witnesses relating to the facts or subject matter of the case. 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 •requ.i red .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 arbi trating team, if more than 2, excluding legal counsel. Section 6. .Employee Appeals. Appeals by an employee of f-a promotional bypass from eligibility roster under Article 1269m, Section 14, E, or from an indefinite suspension under Article 1269m, Section 16, or from a disci- plinary suspension under Article 1269m, -Section 20,,shall be determined by -31- ARTICLE VII - cont'd. the arbitration procedure provided herein, rather than by the Civil Service Commission. In such cases, the Chief of the Department and the affected employee shall have all of the rights provided by law except as provided herein. All notices or written statements required to be filed by the Chief of the Department shall be filed with the Director of Personnel of the City rather than with the Commission, and a copy shall be delivered to the affected employee as soon as practicable. All notices or statements required to be filed by the employee shall likewise be filed with the Director of Personnel of the City. A rejection of the higher name on an eligibility roster, or order of suspension shall inform the employee that he has ten (10) days after receipt of a copy thereof to file a notice with the Director of Personnel of the City appealing such action to'arbitration. Immediately upon receiving an appeal from an employee, the Personnel Director shall notify the Union and the Chief of the appeal to arbitration,"' -and the parties shall proceed immediately to select.an arbitrator and begin arbitration process as provided in Section 4 herein. -32- ARTICLE VIII HEALTH & WELFARE Section 1. Labor - Management Committee. The City and the Union, ' having recognized that cooperation between management and employees is indispensable to the accomplishment 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_ 14atters subject to the grievance procedures shall not be appropriate items for con- sideration 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. Section 2. Identification Cards, The City shall furnish all Fire- fighters identification cards bearing the member's name, photograph, rank, -employee number, and containing a space for the signature of the member. Section 3. Health Insurance and Life Premiums. The City shall pay the employee premium on present group health insurance and - present life plan with employees sharing in that expense at the rate of $1 per month. The City agrees to improve the present group health coverage plan in the following respects no later than September 1, 1977: I. Pay dependent coverage in the amount of.$3.82 per month. -33- ARTICLE VIII - cont'd. a Rate increases for dependent coverage without any change in hospitalization insurance benefits during the contract year shall in no way be considered - to diminish the rights, privileges, or working conditions currently enjoyed by the employee. ARTICLE IX LEGAL PRDCEDURES Section 1. Legal Defense. The City will provide a legal defense to any Firefighter in a civil lawsuit, on account of any action taken by such Firefighter while acting within the course and scope of the Firefighter's employment for the City of Corpus Christi. The City will also provide legal defense for a Firefighter when he or she receives a traffic citation as a result of being involved in a traffic accident while making an emergency run to the scene of a fire or an emergency while acting in the course of scope of the Firefighters 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 imam ty 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 there are indications of intentional acts, gross negligence or recklessness. The City shall provide such legal defense through an attorney not connected with the prosecution of such case. (1) The Firefighter shall notify the City of any claim being made against such Firefighter not later than thirty (30) days from the date that such Firefighter received notice of such claim, and shall request the City to assume the defense of the Firefighter regarding such claim. The City shall require that such request be made in writing; (2) If suit is brought against such Firefighter, such Firefighter shall immediately forward to the City Attorney every demand, notice, summons or other process received by him; -35- ARTICLE IX - cont'd. (3) Such Firefighter 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 hearingsand trials and assist in securing and giving evidence and obtaining the attendance of witnesses. -36- ARTICLE X 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 legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. If any of the provisions of this contract should be in conflict with Article 1269m V.A.T.S. or any other civil service law, the provisions of this contract shall govern. IN WITNESS WHEREOF, we have executed this agreement this day of 1978. CITY OF CORPUS CHRISTI INTERNATIONAL ASSOCIATON OF FIRE- FIGHTERS LOCAL UNION #936 B City Manager By President ATTEST: City Secretary APPROVED: day of 1978 By Assistant City Attorney -37- Secretary- Treasurer APPENDIX "A" DUES DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936 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 Firefighters, 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 __ APPENDIX "B" SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936 Assessment Title Code Payroll No. Employee No. Code No. Social Name Security No. - (Last). (First) - -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 + Association of Firefighters -, Local Union• -936 for ' ��'exprPSSed"pdrpo'se'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 APPENDIX "C" Y t TERMINATION OF DUES DEDUCTION AUTHORIZATION r _ ' INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936 .Dues Title Code Payroll No. Employee No. Code No. Social Name Security No. (Last) irst M.I. - Address Zip Code I hereby terminate the authorization previously executed by me on a, for dues deduction for the International Associ- 'a'tion of Firefighters, Local Union 936 and request that the City make no t :further deductions under said authorization. This termination of dues deduc- --tion 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 Corpus Christi; Tex c;Z 0 day of 19_ — TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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 Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, THE The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14511 CHRISTI, TEXAS l-3 z�. •„ �.xX�