HomeMy WebLinkAbout16441 ORD - 08/05/1981{ SP:B/3/81;15t
r-
i010100
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE CORPUS CHRISTI FIREFIGHTER'S ASSOCIATION
FOR FISCAL YEARS 1981-82 AND 1982-83, PURSUANT TO
COLLECTIVE BARGAINING NEGOTIATIONS, THE TERMS, CON-
DITIONS AND PURPOSES BEING SET FORTH IN THE SAID
CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
AND DECLARING AN EMERGENCY.
r ;1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a contract with the Corpus Christi Firefighter's Association for
fiscal years 1981-82 and 1982-83, pursuant to collective bargaining negotia-
tions, the terms, conditions, and purposes being specifically set forth in
the said contract, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
maintaining efficient administration of City affairs by executing the above
contract, such finding of an emergency is made and declared requiring sus-
pension of the Charter rule as to consideration and voting upon ordinances
or resolutions at three regular meetings so that this ordinance is passed
and shall take effect upon first reading as an emergency measure this
day of August, 1981.
ATTEST:
APPROVED: 3 DAY OF AUGUST, 1981
IP Af
ce Aycock, ty 'ttorney
SEP 27 194
16441
THE CITOr
OF'CORPUS CHRISTI, TEXAS
� �1
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' UNION
JULY 27, 1981
TABLE OF CONTENTS
Page
PREAMBLE 1
ARTICLE I - DEFINITIONS
2
ARTICLE II - RECOGNITION AND GENERAL PROVISIONS 3
Section 1. Recognition 3
Section 2-A. Duration 3
Section 2-B. Amendments 3
Section 3. Nondiscrimination 3
Section 4. Prevailing Rights 4
Section 5. Copies of Agreement 4
ARTICLE III - WORKING CONDITIONS 5
Section 1. Work Week and Duty Hours 5
Section 2. Overtime 5
Section 3. Call-backs 6
Section 4. Illness 6
Section 5. Holidays and Vacation 6
Section 6. Working Out of Classification 7
Section 7. Uniforms 7
Section 8. Mileage Allowance 8
Section 9. Educational Incentive Pay 9
Section 10. Meals 10
Section 11. Relief 10
Section 12. Sick Leave Accounting 10
Section 13. Use of Sick Leave in the Event of Death in
the Immediate Family 10
ARTICLE IV - RANKS AND WAGES 12
Section 1. Ranks and Wages 12
Section 2. Performance of EMT Duties 15
Section 3. Longevity Pay 19
Section 4. Certification Pay 19
ARTICLE V - UNION RIGHTS AND ACTIVITIES 20
Section 1. Payroll Deducation of Dues 20
Section 2. Negotiating Team 21
Section 3. Union Activities 21
Section 4. Other Union Functions 22
Section 5. City Facilities 23
Section 6. Access 23
TABLE OF CONTENTS - cont'd.
Page
Section 7. Orientation 23
Section 8. Action Outside City Limits 23
Section 9. Notification of Promotion 24
Section 10. Parties to Select Their Own Representatives 24
Section 11. Contract Administration 24
ARTICLE VI - RULES AND REGULATIONS 25
Section 1. Management Functions 25
Section 2. Rules and Regulations 26
Section 3. Noninterference with Personal Lives 26
Section 4. Salaries of Assistant Chiefs 26
Section 5. Disaster Interchange 27
Section 6. Appointment of First Assistant Fire Chief . 28
Section -77-- Probationary Period for New Employees 28
Section 8. Corrections to Entrance or Promotional Examination
Questions 28
Section 9. Promotional Examination Study Materials 29
Section 10. Administration of Entrance Examination 29
Section 11. Promotional Procedures for Ranks of District
Chief and Assistant Chief 30
Section 12. Rulings and Records of Civil Service Commission 33
Section 13. Conflict with Civil Service Laws 33
ARTICLE VII - GRIEVANCE AND ARBITRATION PROCEDURES 34
Section 1. Scope of Grievance Procedure 34
Section 2. Right to Present Grievance; Union Representation34
Section 3. Procedure for Handling Grievances 34
Section 4. Arbitration of Grievance 36
Section 5. Payment While Participating in Grievance and
Arbitration Procedures 39
Section 6. Appeals from Disciplinary Actions 39
Section 7. Appeals from Promotional Bypass 45
Section 8. Suspensions by Agreement 45
Section 9. Conflict with Civil Service Laws 46
ARTICLE VIII - HEALTH AND WELFARE 47
Section 1. Labor -Management Committee 47
Section 2. Identification Cards 47
Section 3. Health Insurance and Life Premiums 47
Section 4. Disability 48
Section 5. Sick Leave and Retirement Pool 50
ARTICLE IX - LEGAL PROCEDURES 52
ii
TABLE OF CONTENTS - cont'd.
Page
Section 1. Legal Defense 52
ARTICLE X - IMPASSE PROCEDURES 53
ARTICLE XI - CONCLUDING PROVISION 53a
LETTER OF UNDERSTANDING 55
LETTER OF UNDERSTANDING 55a
APPENDIX "A" - DUES DEDUCTION AUTHORIZATION 56
EXHIBIT "A" - GRIEVANCE FORM 57
APPENDIX "B" - SPECIAL ASSESSMENT DEDUCATION AUTHORIZATION 58
APPENDIX "C" - TERMINATION OF DUES DEDUCTION AUTHORIZATION 59
iii
PREAMBLE
The following agreement is made 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 rea-
sonable 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 Union. This agreement has been negotiated. through the collec-
tive 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:
1
ARTICLE I
DEFINITIONS
1. "City" means the City of Corpus Christi.
2. "Union" means the International Association of Firefighters,
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.
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 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 pro-
bationary period which follows their certification to Firefighter classification.
Section 2-A. Duration. This agreement shall be effective as of
duly -28;-4989; July 27, 1981, and shall remain in full force and effect until
. l -y-31=-1.981., July 31, 1983 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 con-
tract 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 discrimination
because of race, color, sex, age, religious creed, national origin or Union
affiliation.
3
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 activ-
ity.
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. Prevailing Rights. All rights, privileges, and working
conditions enjoyed by the employees at the present time, which are not speci-
fically 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 5. Copies of Agreement. 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 duly -28s-1988: July 27, 1981.
4
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.'Any work required in holdover from a shift as a result of
a late return to the station from a fire call or ambulance call, shall not be
compensable unless it exceeds thirty minutes. The preceding sentence shall not
apply where the holdover was a result of the employee's having been ordered
to be on standby or by his having been dispatched to a fire as part of the
relief for another crew. In any event, where the holdover period exceeds thirty
minutes the employee shall be compensated for the entire holdover period at the
overtime rate.
Section 2. Overtime. All employees shall be paid for authorized
overwork 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. Overtime at the rate of one and one -
5
ARTICLE III - cont'd.
half times the regular rate of pay will be paid for work performed on
any City holiday after July 25,1982..
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 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 _
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 5. 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 '
5. Thanksgiving Day
6
ARTICLE III - cont'd.
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 who is
assigned the duties of a higher classification and operates -a major piece of
firefighting equipment 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.
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 employee shall thereafter replace or repair all said required clothing items
and equipment which are worn out through ordinary wear and tear. exel•ading-seeks-
and-sheer;-en-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.
7
ARTICLE III - cont'd.
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, including patches to each Firefighter
shall be as follows:
1. Firefighter II and below, five uniforms and three jumpsuits.
2. EMTAs, seven uniforms and two jumpsuits.
3. Inspectors and 40 hour employees, six uniforms and one jumpsuit.
4. Lieutenants and Captains, six uniforms and one jumpsuit.
5. Chief Officers, six uniforms and one jumpsuit.
6. One belt and one buckle.
Shoes shall be at the expense of the individual firefighter and made
available through City warehouse prices and facilities.
Clothing allowance of $l.6- $25.00 per month shall be provided to each
firefighter for the purposes of uniform cleaning and maintenance. Effective July
26, 1982, the clothing allowance shall be increased to $35.00 per month.
Section 8. Mileage Allowance. Employees required to use their private
automobiles for authorized Fire Department business or as a necessity in changing
stations shall be compensated at the rate specified or to be specified in the com-
pensation ordinance of the City, but not less than 1•g 224 per mile.
8
ARTICLE III - cont'd.
Section 9. Education Incentive Pay.
(1) Employees shall be eligible for educational incentive pay at
the monthly rate of 70t per month for each academic semester hour satisfactorily
completed provided that such hours are applicable toward a degree in Fire Science.
In no event will more than $49.70 per month be paid without successful completion
of the requirements and the receipt of the Associate in Applied Science degree in
Fire Science; if the employee is attending an upper level_.co_llege, he may meet.:.; r
this requirement by filing a copy of his certified degree plan with the Direc-
tor of Personnel, noting his expressed intent to obtain a Bachelor's Degree in
Fire Science or Occupational Education with specialization 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 re-
ceipt of a Bachelor's Degree in Fire Science or Occupational 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 comple-
tion of the Master's Degree in Fire Science or Occupational Education with
specialization in Fire Science will qualify the employee for an additional
9
ARTICLE III - cont'd.
$11.20 per month for a maximum combined total of an additional $25.20 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 imminent that Firefighters will
be engaged in firefighting duties at the scene of a fire or relocated to another
station 2 hours past normal mealtime, they will be fed at the City's expense
as soon as possible following the request of company officers for such service.
Firefighters engaged in ambulance duties 2 hours past their normal
mealtime shall be fed at the City's expense, not to exceed $3.00 per meal
per man, provided that approval of the chief officer is granted in advance.
Section 11. 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.
In the event that: any Firefighters 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 Firefighters to other duties
away from the scene.
Section 12. Sick Leave Accounting. The City shall post in each fire
station an accounting of sick leave and vacation accrual on a semiannual basis.
Section 13. Use of Sick Leave in the Event of Death in the Immediate
Family. 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.
10
ARTICLE III - cont'd.
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, stepparents, legal guardian, spouse, mother-
in-law and father-in-law, children, brothers, sisters, grandparents; and
grandchildren.
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 July -287-1989, July
27, 1981 the basic ranks within the Fire Department, as well as the
applicable job classifications and applicable monthly pay rates shall
be as follows:
12
PUBLIC SAFETY GROUP SALARY SCHEDULE - FIRE
Effective July 27, 1981
Class Months
Code Class Title Starting 6 18 30
900 Trainee $1,084
901 Firefighter 1,259 $1,322 $1,390 $1,493
906 Firefighter II 1,512 1,532 1,553
909 Fire Inspector I 1,512 1,532 1,553
911 Fire Inspector II 1,521 1,536 1,587
902 Fire Lieutenant 1,612 1,655 - 1,694
910 Fire Alarm Operator 1,612 1,655 1,694
903 Fire Captain 1,779 1,870 1,964
904 Master Mechanic 2,062 2,164 2,271
905 District Chief 2,062 2,164 2,271
• I
PUBLIC SAFETY GROUP SALARY SCHEDULE - FIRE
Effective July 26, 1982
Continued
Class Months
Code Class Title Starting 6 18 30
900 Trainee $1,177
. 901 Firefighter 1,366 $1,435 $1,509 $1,620
906 Firefighter II 1,641 1,663 1,685
909 Fire Inspector I 1,641 1,663 1,685
a 911 Fire Inspector II 1,651 1,667 1,722
902 Fire Lieutenant 1,749 1,796 1,838
910 Fixe Alarm Operator 1,749 1,796 1,838
903 Fire Captain 1,931 2,029 2,131
904 Master Mechanic 2,238 2,348 2,464
905 District Chief 2,238 2,348 2,464
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 promotional
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`posi-
tions 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 the date of the vacancy and whether it occurred in the
Fire Suppression or Ambulance Service. Subsequent appointments to the classifi-
cation of Firefighter II shall be made by order of oldest vacancy first. Fire-
fighter II promotional examinations shall be open to all firefighters with two
years service in either the same rank or the next lower rank at any time prior
to the date of the examination. During the term of this contract when it is
determined by the Chief that there is not a sufficient number of persons on a
current Firefighter II Eligibility Roster with EMT certification who are required
13
ARTICLE IV - conttd.
to maintain that certification, the Chief may request from the Civil Service Direc-
tor that an additional Firefighter Promotional Examination be administered without
restriction to rank or years of service, except probationary firefighters shall not
be eligible to take the exam for the supplemental roster. The ranking of eligibles
resulting from such examination shall be considered as a supplemental Firefighter
II Eligibility Roster to be ranked below any existing Firefighter II Roster and
shall expire one year from the original date that the earlier roster was posted
and certified by the Civil Service Commission. Declining of an ambulance service
position shall not be grounds for removal from the original, current Firefighter
II Roster for those employees hired prior to October 1, 1973. The supplemental
roster shall be used only for ambulance service, and no person on the list shall
be eligible for appointment to any other position. This section shall be effec-
tive notwithstanding any provision of Article 1269m, V.A.T.S.
(3) In order to obtain promotion to a Firefighter II vacancy in
Ambulance Service, an employee must have a current EMT certification prior to
promotion to the classification of Firefighter II. In'promoting the Firefighter
II to the Ambulance Service, the lack of a current EMT certification -shall be con-
sidered 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 subject to Civil Service Commission determination.
16
ARTICLE IV - cont'd.
(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 promotic•nal'examinations to the Firefighter II rank will be
based solely upon knowledge of fire suppression skills.
D. All Firefigher 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:—
E. It is understood that employees performing the duties of Emergency
Medical Technician 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 reassign-
ment 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 maximum
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.
17
ARTICLE IV - cont'd,
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.
H. Paramed4es-shall-be-pa4d-ass4gneeRt-pay-at-the-rate-a€-$19
€er-every-24-hear-shy€t-4R-wh4eh-they-are-ass4gRed-te-ambul-aeee-duty.
Sueh-pay-skal1-be-ea}ea}ated-as-fe1iews+ Throughout the term of this con-
tract, eachcertifiedFirefighter I -Paramedic shall be paid assignment
pay at the rate of $10 for every 24-hour shift in which he is assigned to
paramedic duty. Until December 27, 1981, each certified Firefighter II -
Paramedic who is assigned to paramedic duty for five 24-hour shifts in any
calendar month shall receive $10 for each subsequent 24-hour shift in which
he is assigned to paramedic duty during that calendar month. The assign-
ment pay provided for in this paragraph shall be calculated as follows:
The paramedic shall be paid $5 for working ambulance duty 6 hours or more
in any 12 -hour day. No assignment pay shall be paid for working less than
6 hours ambulance duty in any 12 -hour day. Provided, however, that when
a paramedic is assigned to work a 12 -hour shift, but is injured in the
course of his duties before completing 6 hours he shall be paid the $5 assign-
ik
ment pay.Throughout the term of this contract, each certified Firefighter II -
Paramedic shall be paid assignment pay at the rate of $50 per month while
assigned to paramedic duty. The assignment pay provided in this paragraph
is in addition to the assignment pay provided, according to the terms of
the preceding paragraph, to Firefighter II -Paramedics during the first six
months of the contract term.
18
ARTICLE IV - cont'd.
I. After five year) of actual ambulance service duty, Which must
be continuous, as a Firefighter II/EMT, the employee shall be granted upon
request a voluntary demotion to Firefighter I, and will not be further
required to maintain EMT certification.
Section 3. Longevity Pay.
Longevity pay shall be $6 per month for each complete year of
service up to a maximum of 15 years of service. Thereafter, for each
additional year of service, longevity pay shall be $4_per month for each
year up to a maximum of 25 years of service.
Section 4. Certification Pay.
In addition to his' regular monthly pay, a firefighter who is
certified by the Texas Commission on Fire Standards and Education shall
receive certification pay in the amount indicated below, according to
the level of his certification:
Intermediate certification -- $15 per month
Advanced certification -- $20 per month
Master's certification -- $25 per month
19
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 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 "A" and is incorporated -
.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 de-
duct 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 member-
ship, 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 refer-
ence 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."
20
ARTICLE V - cont'd.
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
person 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.
All negotiations shall be conducted exclusively between the desig-
nated bargaining representatives of the City and the Association. Neither
party shall make any effort to bypass such representatives of the other party
during collective bargaining for a new contract unless an impasse exists as
defined in Art. 5154c-1, Sec. 9(b), V.A.C.S.
Every effort will be made to begin negotiations 60 days prior to the
beg4RR4eg-a#-eaeh-€4seal-yeae end of the contract term specified in Article II,
Section 2-A of this Agreement. Negotiations will be considered at impassee if
said negotiations extend 4ete-the-text-#4seal-year beyond that term unless
extended by Agreement.
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 effi-
cient operation of the Fire Department, provided however, that permission 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
21
ARTICLE V - cont'd.
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.
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-41-eW-ve-lialagates-tn-add4t4on-to-44)45444iadant-of-the-Assoc4atton-
.,shal-l-be-444owed-th.mma-shtfts-off-with_pay_Aring..11m.aultract_year-to_attendL':
eut-o-f-Umn-• 1114on-ao-iri-vittosr-be-it-e4thex-a= ma onvent4an7-er-
any-atter-meet4/Ts im%-seratn.ars-held-by-the-tFrrion:--444m0--expenses;-feed;-
ledg4r -etc -hal-l--not;-be-Hewn-by-Ehe-C4ty
The President of the Association and two elected delegates -shall each
be allowed three shifts off with pay each year of the contract term to attend
the Association's state convention and a like number of shifts off with pay to
attend the national convention. Travel expenses, food, lodging, etc.'shall not
be borne by the City. Any delegate leave days provided for in this paragraph
and not used for attendance at the Association's national and state conventions,
may, upon the Association's request, be used for attendance at seminars or
training sessions during each year of the contract term.
22
ARTICLE'V'. cont'd.
'In addition to'the-delegate'leave days granted by'the'preceding
paragraph;A ny firefighters lected to'a position'dn'the'Ass6ciation's state
or national executive board'that'firefiohter shall be'allowed'three shifts
off with pay to attend'the state and -national conventions.
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 nonprofit organ-
izations.
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 Department
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.
Section 7. Orientation. Neither the City nor the Union will attempt
to use Fire Department academy training to solicit or discourage Union membership.
During any portion of the Fire Department academy training devoted to
explanation of Firefighters' rights and duties under this contract, a representa-
tive designated by the president of the Union shall assist the City's representa-
tive in explaining the contract.
.Section 8. Action Outside City Limits. A firefighter who, is ordered
outside the City limits on any mission of the Fire Department shall be deemed
to be in the line and in the course of his duty as a paid firefighter and
public safety officer for all purposes.
23
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 the 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 1979-80 .
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. The
City will consult with the Union on the form and content of these standard in-
structions, 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.
24 •
ARTICLE VI
RULES AND REGULATIONS
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
authority 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 sche-
dules 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 include communications, informational 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 civilians
to assume these duties.
25
ARTICLE VI - cont'd.
Section 2. Rules and Regulations. The City recognizes the respon-
sibility 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 inter-„
preted 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 in-
creases shall be made consistent with longevity requirements of the general
salary schedule or as provided by authority of Section 2(b) of compensation
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.
26
ARTICLE VI - cont'd.
Section 5. Disaster Interchange. Reassignment 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 nonfire
fighting duties during such emergency conditions. In addition, during 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 Testing for Promotional Examinations. The
City alxl,the Union shall develop and agree upon, sometime during the tenur
of this contxaact, nonwritten performance testing methods to be inclu•-d as
part of promotio,a- examinations. Such nonwritten performance -sting shall
not account for more ttwenty-five percent (25%) of th- one hundred (100)
points of the maximum grade qr promotional examine '•ns The written por-
tion of promotional examinations all be cond ed entirely as provided by
Article 1269m, and the grading methods .i' establishment of the eligibility .
roster shall also be conducted enti y as p •vided by Article 1269m.
The nonwritten perf• .nce testing shal onsist of identical tests
to be given to each apps ant which shall be scored upo a mathematical, ob- .
jectively verifiab - basis and shall be prepared so as to to the performance
skills of th- .pplicants concerning duties of the positions sought. The general
nature the skills to be tested shall be based upon material which ha been
m. •e available to all members of the Fire Department involved. The Union ma
27
• ARTICLE VI - cont'd.
appoint o .• •n member with pay, to observe the conduct of t - _ ormance
testing and verify the accurac
in. s agreed that the Union
observer shall not par e in the conduct of the
ion or the scoring
Section -X. 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
made by appointment by the Chief. The appointment shall be within the dis-
cretion 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.
Section Z. Probationary Period for New Employees. A new employee
in the Fire Department shall serve a probationary period of twelve (12) 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. All officers appointed to the classification of
Firefighter Trainee shall become immediately eligible for participation in
the Firemen's Relief and Retirement Fund as of the original date of employment.
When the employees have served the full probationary period, they shall auto-
matically become a full-fledged Civil Service employee and shall have 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
28
•
•
ARTICLE VI - cont'd.
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 Fire-
fighter from appealinggqquestions to the Civil Service Commission.
Section T9.. 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 material must be available at least 15 days prior to 5•
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.
10
Section 1-1-. Administration of Entrance Examination. Entrance exam-
inations may be administered at any time to qualified groups or individal appli-.
cants consistent with public posting requirements of Article 1269m. All appli-
cants passing the written 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 continuous calendar months from the date
of original posting. Applicants who fail will be required to wait 1 year before
taking the test again.
29
ARTICLEVI cont'd.
11
Section II; Promotional Procedures'for'Ranks of District'Chief -=
and Assistant Chief,
The classifications of District Chief and Assistant Chief shall
be filled by a promotional examination procedure consisting of two parts
as follows:
A. Written Examination. The written examination shall consist
of questions relating to the specific' duties of the position to be filled.
The written examination shall have no specific failing score but will pro-
vide a ranking of participants from high to low score. In the event that
written examination scores are the same, the earliest time for submitting
the examination form to the test administrator for grading shall determine
respective standings. Only the highest ten participants shall be allowed
to continue on to the next phase of the examination process (oral examina-
tion board).
B. Oral Examination'Board. (1) The oral examination board.shall
consist of:
(a) two persons from outside of the Fire Department who currently hold
an administrative level position in a fire department operating in
a city of 50,000 or more population. One such board member shall
.be chosen by the Chief and one by the Association.
(b) two persons from inside the Fire Department who hold at least one
rank above the level held by the applicants being examined. One
such board member shall be chosen by the Chief and one by the
Association.
30
ARTICLE VI - cont'd.
(c) one board member from either'inside or outside the Fire Department,
who has had'working'experience with personnel evaluation. This
board member shall be mutually'agreed upon by'the'Chief and the
Association.
(2) The Assessment Center Examination date will be posted on the same day
the written test announcement is posted. A brief explanation of the assess-
ment centeyexercises shall be included in this posting. Assessors shall be
trained for a minimum of eight hours in the methods to be used in admini-
stering the test. All candidates will be given the opportunity to attend
- cen6er
a classroom orientation period concerning the'assessment dr�eter process.
The orientation will include general information concerning the exercises
they will be taking during the assessment process. The assessment center
process shall include at least three exercises. These shall be:
(a) an in -basket exercise of at least 60 minutes duration, excluding
the debriefing portion. Every effort shall be made to provide
short, simple_ instructions for the participants before they do
the exercise. All five assessors shall grade each in -basket
exercise.
(b)' a leaderless group discussion-'shall'be a problem or problems
relevant to the department given to each of the participating
Candidates. Each participant will be given identical information
to begin the exercise:
(c) a structured interview - during this exercise, each candidate will
be permitted to take a period of five minutes, maximum, to introduce
31
ARTICLE VI r'cont'd,
himself to the assessors,'giving'particulars of his background'and
career goals he might*feel'pertinent; The'exercise'shall consist
•'of each candidate being asked the same'questions The questions
may have either of two formats, one being of a hypothetical nature,
the other being of a general inquiry nature. Hypothetical situations
may not be changed from one candidate to another, but questions
exploring answers offered by a candidate may be asked if the assessors
feel they need an answer clarified or explained. A11 five assessors
shall grade this exercise.
(3) Feedback shall be provided to each candidate in a "feedback" session by
the assessment center coordinators. The purpose of this session will be to
provide each candidate with his score, what areas he excelled in, what areas
he did poorly in, and what he might do to improve his performance in the
future. The results of the oral board examination shall be binding for one
year and, with the exception of fraud, shall not be appealable to the Civil
Service Commission or to arbitration.
C. Eligibility Lists; Within 48 hours of the completion, exclud-
ing weekends and holidays, of the oralexamtion process, an eligibility
list shall be prepared and posted with the respective ranking of all appli-
cants based on the following weights:
(1) Written examination score - 40%
(2) Oral Board examination score 60%
100%
One point for each year of service
'in.tne department up.to"a maximum
of ten points - 10 points
110 points
32
ARTICLE VI - cont'd.
rz
Section 4& -;Rulings and Records of Civil Service Commission. All rules,
opinions, directives, decisions, and orders issued by the Civil Service Commission
shall be preserved in written minutes. Such actions need not be copied verbatim in
the minutes; it shall be sufficient to accurately summarize such actions. The
Chairman or, in his absence, the Vice -Chairman of the Commission shall sign the
minutes; the signatures of the concurring members on any action shall not be
required. The Commission may, if it desires, cause any rules, decisions, direc-
tives, or orders to be reduced to writing, apart from the minutes. All such
written records of the Commission shall be public records.
rg
Section 14: Conflict with Civil Service Laws. The provisions of this
Article VI shall take precedence over all state and local civil service laws which
may be in conflict, and the provisions of said Article shall prevail over all such
state and local laws.
ARTICLE VII
. GRIEVANCE PROCEDURE
Section 1. Scope 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 Commis-
sion as created by Article 1269m.
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 on a form provided by 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 to 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.
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 with a written
statement meet with his immediate supervisor and orally discuss the grievance.
The immediate supervisor shall make a decision and a written statement of this
34
ARTICLE VII - cont'd.
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 revolve 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 supervisor
within 9 calendar days, or three shifts, following the previous supervisor's oral
response. Every, effort shall be made to resolve the grievance at this level. 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 re-
ceiving the grievance. The written response at this step, and the management
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;
(4) The signature of the appropriate management representative. If
the employee rejects management's response in writing within 9 calendar days
35
ARTICLE VII - cont'd.
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 he final.
Step 4. If the Fire Chief's response is rejected at Step 3, the
greivance shall be submitted in writing 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 rejec-
tion of the decision at Step 3.
Section 4. Arbitration of Grievance.
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 dis-
putes 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 to a dispute to arbitration where arbi-
tration 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,
36
ARTICLE VII - cont'd.
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 or an agreement for voluntary=arbitration, the City
and the Union shall meet to begin the arbitration procedures provided herein.
(1) Expedited or Conventional 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. In absence of such an agreement,
the arbitration shall be conducted according to the conventional Voluntary Labor
Arbitration Rules of the American Arbitration Association. Provided, however,
in case of conflict between AAA rules and this contract, the contract shall
control.
(2) Choosing The Arbitrator:
The City and the Union shall meet within ten (10) working
days of the request for mandatory arbitration or agreement for voluntary arbi-
tration and attempt to agree upon a mutual arbitrator. If agreement is not
reached, a list of seven (7) 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.
37
ARTICLE VII - cont'd.
(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 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
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 deci-
sion 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) The parties, during arbitration hearings, shall have the
following rights: to exchange the names of witnesses to be called and the nature
of their testimony prior to the hearings; to require the arbitrator to subpoena
witnesses; to be represented by'legal counsel; to present evidence, 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 rules of
the American Arbitration Association shall govern the conduct of hearings
except where in conflict with this contract. The arbitrator shall render a
decision in writing setting forth the reasons for his decision. The conclusion
reached by the arbitrator shall be based solely on evidence adduced at the hearing.
38
ARTICLE VII - cont'd.
The arbitrator shall not communicate with parties or'Witnesses relating to
the facts or subject matter of the case without giving all parties notice
and the opportunity to attend. Arbitration hearings may be continued or
recessed by the arbitrator in the interest of justice or when mutually agreed
by the parties.
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 arbitration team,
if more than 2, excluding legal counsel.
Section 6. Appeals From Disciplinary Actions. Appeals by an employee
from a demotion, temporary suspension, or indefinite suspension under Article
1269m shall be determined by the arbitration procedure provided herein, rather
than by the Civil Service Commission.
Disciplinary action may be taken against a Firefighter within six
months of the discovery by the Chief of conduct by the Firefighter which would
constitute a felony and not thereafter. Provided that such limitation shall
not prevent disciplinary action against a Firefighter based upon his conviction
for any such crime notwithstanding that discovery of the conduct on which the
conviction is based occurred more than six months before the disciplinary action.
Provided further that no disciplinary action may be taken for conduct on which
the criminal statute of limitations has run regardless of the date of discovery.
39
ARTICLE VII - cont'd..
Prior to any such disciplinary action, the employee shall be
given written notice of contemplated disciplinary action, stating the action
or actions contemplated and the reasons therefore, and notifying the employee
that he may rebut the charges to the Chief, either orally or in writing, with-
in a reasonable time, which time shall be stated in the notice.
After the notice and opportunity for rebuttal provided in the-
ceding paragraph the Chief may demote -.. a prspend or
terminate a employee by
personal service on the employee of a written statement of charges. If the
Chief should be unable to secure personal service after due diligence, service
may be made by placing it in the mail addressed to the employee's last known
address along with delivery of the statement to the Association, and proof
of such service shall be sufficient to support any disciplinary action.
A copy of such statement, along with a copy of the notice of con-
templated disciplinary action, shall be promptly filed with the Personnel
Director of the City.
The written statement shall point out the particular rules or
rules alleged to have been violated by the employee and the specific act
or acts alleged to be in violation. Said statement shall inform the employee
that he has ten (10) days after receipt thereof to file a written appeal with
the Personnel Director. If alternate service is had as provided herein, the
employee shall have then ten (10) days from service upon the Association.
Appeal from suspension, termination or demotion shall be decided
by one arbitrator, selected according to this contract.
Upon receiving an appeal from an employee, the Personnel Director
shall act immediately to notify the Association and the Chief of the appeal
• 40
ARTICLE VII - cont'd.
to arbitration. The employee and the Chief (the parties) shall attempt
to mutually agree on an arbitrator. If the parties fail to agree on an
arbitrator within ten days after the appeal is filed, the Director shall
immediately request a list of seven (7) qualified neutrals from the Ameri-
can Arbitration Association. The Parties may mutually agree on one of the
seven neutrals. If they do not so agree, the Parties shall_ alternately
strike the names on the list within five working days after receipt of the
list, and the remaining name shall be the arbitrator. All parties shall act
to complete the selection process at the earliest possible date. The arbi-
trator shall be immediately notified of his selection.
The hearing shall be commenced within such reasonable time as the
arbitrator selected can be scheduled. If the arbitrator selected cannot commence
the hearing within sixty days from his selection, either party may within two days
of so learning, call for selection of a new arbitrator, and if the parties cannot
agree upon a substitute within one day of so learning, another arbitrator shall
be selected from a new list of seven names immeditely requested from the American
Arbitration Association, according to the procedure set out herein. The hearing
shall be scheduled so that it can be completed without break, in consecutive
calendar days (excluding weekends and holidays). The arbitrator shall make an
award within thirty days of the close of evidence in standard arbitration hearings.'
Post hearing briefs shall only be permitted in standard arbitration hearings, and
must be mailed to the arbitrator within seven days of the close of evidence at the
hearing.
41-
ARTICLE VII - cont'd.
A stenographic transcription of the proceedings shall be made only
upon written agreement of the parties prior to the commencement of the hearing
Should there be no agreement, the party desiring the transcript may have the
transcript made at its sole expense.
The award of the arbitrator shall state which particular factual .
charges he finds to be true, if any, and the particular rules he finds such
conduct to have=vialated, if any. Where the charges are upheld, the award
shall state whether the discipline imposed is upheld, or whether some lesser
discipline is substituted. An employee shall be entitled to recover backpay
for any part of a suspension not upheld by the arbitrator.
The following rules shall govern the conduct of hearings under this
section, and of certain preliminary matters:
(1) Upon request of either party addressed to the opposing
party at least 2 days prior to the date of hearing, the
parties shall exchange the names of witnesses expected
to be called at the hearing. Upon failure of a party;.
to disclose such witnesses, the arbitrator may exclude
their testimony.
(2) The arbitrator shall have the power to subpoena witnesses,
records, and other evidence. Prior to the hearing the
Personnel Director shall issue subpoenas requested by
the parties in the name of the arbitrator. A party may
apply to the arbitrator to quash a subpoena issued by the
Personnel Director.
42
ARTICLE VII - cont'd.
(3) In all hearings under this section, the burden of proof
shall be upon the City.
(4) The parties, in writing, may request discovery from each
other concerning the case. Should the other party not
agree to provide the requested information within three
days of the request, the request shall be deemed denied.
The requesting party may then apply to the arbitrator,
-r-who shall order such discovery as appropriate to the
nature of the case, subject to rules of discovery in
Texas civil cases. In considering the application, the
arbitrator shall consider the burden and expense of
producing the information, the need of.the requesting
party, the amount of time available prior to the
hearing, and such other matters as he may deem material.
In no event shall discovery be permitted to delay the
hearing, and in no event shall discovery be requested
within three days prior to the hearing.
(5) All hearings shall be public unless it is expressly
agreed in writing by the parties that the hearing shall
be closed to the public. In any event, the final decision
of the arbitrator shall be public, although public announce-
ment may be reasonably delayed upon request of the parties.
(6) Unless otherwise provided in this contract, the conduct
of the hearing shall be governed by the rules of the
American Arbitration Association.
43
ARTICLE VII - cont'd.
The arbitrator shall have all powers vested in the Commission
under Article 1269m, V.A.C.S, and the Commission Rules, with respect to
suspensions, terminations, and demotions, except the power to amend such
rules.
Any notice or statement required to be filed by the Fire Chief or
the employee in a disciplinary proceeding under Article 1269m, under Commission
Rules, or under this contract, shall be filed with the Director of Personnel
of the City.
With respect to terminations, temporary suspensions, and demotions,
the employee shall have such right to appeal the arbitrator's decision to
district court as he is given in Article 1269m to appeal the Commission's
decision, and no greater right.
Unless otherwise provided in this contract, in cases of conflict,
the provisions of this contract will :ontro1 over Article 1269m, Civil Ser-
vice Commission Rules, and American Arbitration Association Rules; and
Article 1269m and Civil Service rules promulgated pursuant to it shall control
over American Arbitration Association rules.
The City and the aggrieved employee shall share equally the fees
and expenses of the arbitration. Where the Association represents the em-
ployee, it shall share equally the arbitration fees and expenses with the
City.
All hearings which are expected to be completed in one day shall
be submitted for expedited arbitration. On all other hearings the parties
may agree to request expedited arbitration.
44
ARTICLE VII - cont'd.
Any deadline or time restrictions set out in this contract with
respect to disciplinary proceedings may be modified by written agreement of
the parties. However, neither party may be compelled to waive its right to
insist upon the deadlines and time restrictions provided by this Contract.
Section 7. Appeals From Promotional Bypass. An employee who is
bypassed for promotion pursuant to Art. 1269m, Sec. 14E, may appeal such
decision to arbitration within ten days of receiving written notice thereof.
The notice of -bypass shall state the Chief's reasons for such bypass. The
employee's appeal shall be in writing and shall be filed with the City Per-
sonnel Director. Said appeal shall be decided by one arbitrator chosen in
accordance with paragraph 8 of Section 6, above. The City and the employee
shall share equally the arbitration fees and expenses, except where the Asso-
ciation represents the employee it shall pay his share. With respect to
promotional bypasses, the employee shall have such right to appeal the arbi-
trator's decision to district court as he is given in Art. 1269m to appeal
the Commission's decision, and no greater right.
Section 8.A Notwithstanding any'other'provision of this contract,
the Chief shall have the authority 'to'suspend an employee for a period of not
less than fifteen nor more than thirty days; where the employee agrees in
writing to the suspension. The employee'shall have no right to appeal such
agreed suspension or to make it'the•subject of'a grievance, and no administra-
tive or judicial body shall have the power to review such a suspension or to
alter the terms of the agreement.
45
ARTICLE VIIcont'd.
•Section 9. Conflict with Civil Service Laws. The provisions of
this Article VII shall take precedence over all state and local civil service
laws which may be in conflict, and the provisions of said Article shall prevail
over all such state and local laws.'
f.
46
ARTICLE VIII
HEALTH & WELFARE
Section 1. Labor -Management Committee. The City and the Union,.
having recognized that cooperation between management and employees is indis-
pensable to the accomplishment of sound and harmonious labor relations, shall
jointly maintain and support a Labor Relations Committee. The Labor -Manage-
ment Committee shall consider, discuss, and recommend to the Chief any problems
pertaining to the employment conditions of employees. Matters subject to the
grievance procedures 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.
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 group health and life insurance with employees sharing
in that expense at•the rate of $1 per month. The City agrees to pay dependent
coverage in the amount of $3 -82 -per -tenth= 50 percent of the employee's premium
cost. Employees who refire under conditions of disability retirement in accor-
dance with the Firemen's Relief Pension Fund or Social Security or under regular
retirement under the Firemen's Relief Pension Fund or under Social Security after
10 years of continuous service with the City shall, along with their previously
participating spouses, be eligible to continue participation in the City's group
health insurance program at monthly premium rates set forth in the insurance
47
ARTICLE VIII cont'd.
contract subject to periodic changes in rates as required. The total cost of such
continued coverage shall be paid entirely by the employee and/or spouse. Coverage
shall remain in force for the employee while paid until he or she becomes eligible
for Medicare or reaches age 65 at which time coverage will cease. Coverage shall
remain in force for the spouse while paid until he or she becomes eligible for Medicare
or reaches age 65 at which time coverage shall cease. The spouse's rights
shall continue after the employee's death, but shall terminate upon divorce.
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 employees.
Section 4. Disability. No sick leave shall be charged for injury
or illness sustained in the line of duty. Employees shall be paid leave in
an amount not to exceed their regular salary as provided by Sec. 26, Art. 1269m
for injuries or illnesses occurring in the course of employment.
The use of accrued sick leave may be granted to any Firefighter
at the discretion of the Chief for job related illnesses or injuries after
injury leave has been exhausted. For purposes of line of duty illness or
injury leave, "line of duty illness" shall be defined as an illness which
has been directly and substantially caused by the duties of the position.
Provided, however, that this definition applies only to a line of duty ill-
ness under Sec. 26, Art. 1269m, and is in no way intended to govern the payment '
of Lenefits under the workers' compensation statutes, which benefits shall
continue to be governed solely by the workers' compensation statutes.
48
ARTICLE VIII - cont'd.
A disability shall be defined as a physical injury or illness which
prevents an officer from fully performing the duties of'the position to which
he was assigned at the time his disability commenced. A "permanent disability"
is an injury or illness which disables a firefighter to the extent that it can-
not be said in reasonable medical probability that he will be able to return to
full duties within one calendar year from the date that the Fire Chief determines
in writing that the disability is permanent. Upon termination for permanent
disability which is non -job related, the firefighter shall be entitled to a
lump sum payment -tor all his accumulated sick leave, and for accumulated vaca-
tion. Upon termination for permanent disability which is job-related, the
•Firefighter shall be entitled to a lump sum payment for any injury leave he may
have remaining out of the one year provided in Art. 1269m, Sec. 26, all accumulated
sick leave, and for accumulated vacation. All such payments shall be calculated
and compensated as of the date the employee is determined to be permanently
disabled and shall not include additional accrual of sick leave, vacation, or
holidays beyond that date. The procedure for determining the permanent dis-
ability shall be as follows: In the event the Chief determines after consulta-
tion with the City Physician that a firefighter is permanently unable to perform
his or her job duties, he may institute immediate termination or retirement,
whichever is applicable. The firefighter may call for further examination by
a board of three physicians. One such doctor shall be appointed by the City,
one by the firefighter, and the third by said doctors. Provided, however,
that the third doctor must be approved by the City Physician. The doctor
designated by the firefighter shall be paid by him. The other two doctors
49
ARTICLE VIII - cont'd.
shall be paid by the City. The decision of a majority of the three physicians
as to whether a permanent disability as defined herein exists shall be final.
A firefighter who has previously been terminated due to disability
may, if found to be otherwise qualified within two years of the termination
date for disability by the Chief, be eligible for reappointment at the same
rank upon certification by the City Physician that he or she has recovered
and physically is able to perform full duties.
Section 5; Sick Leave and Retirement Pool.
A. Each firefighter shall accumulate fifteen days of sick leave with
pay per year. Two days of such fifteen days of sick leave shall accrue to the
firefighter immediately at the beginning of the City's fiscal year and shall be
transferred to a retirement sick leave pool, which shall be used as described
below. The remaining thirteen days of such fifteen days of sick leave shall
accrue throughout the year and shall be credited to the individual officer.
The pool shall be used to compensate firefighters who retire, during.
the term of this contract, other than on disability retirement, with more than
ninety days of accrued sick leave to their individual credit. Subject to the
maximum limits specified in sub -section B, below, the retiree shall be compen-
sated from the pool for the amount of sick leave accrued to his individual
credit that exceeds ninety days. If the number of days in the pool is insuffi-
cient to provide that compensation. the City shall do so If at the end of
a fiscal year there are days remaining in the pool those days shall be elimi-
nated from the pool and returned to the City; a new pool shall then be created
as specified in the preceding paragraph.
.50
-'ARTICLE VIII n cont'd.
D. Upon termination. other than on disability retirement, an
,employee's compensation for the sick leave accrued to his individual credit
shall be limited to the following amounts, according to the employee's time
in service:
(1) Less than 4 full years of service: zero days.
(2 4 full years of service: not more than 30 days.
3 5 full years of service: not more than 40 days.
4 6 full years of service: not more than 50 days.
5 7 full years of service: not more than 60 days.
6 8 full years of service: not more than 70 days.
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of service: not more than 90 days.
(9) 20 or more full years of service: not more than 150 days.
(1Q) 25 or more full years of service: not more than 180 days.
51
ARTICLE IX
LEGAL PROCEDURES
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'cdurse and scope
of the Firefighter'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 there are indications of inten-
tional 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.
52
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 hearings and trials and assist in securing and giving evidence and
obtaining the attendance of witnesses.
.53
ARTICLE X - IMPASSE PROCEDURES
PART I
Negotiations for a new contract shall commence in accordance
with Article 5154c-1 and Article V, Section 2 of this contract. If
ipasse should be reached as defined in Article 5154c-1, either party
may request mediation, and upon such request. the parties shall immedi-
ately proceed to choose one mediator as provided herein. The function
and powers of mediator shall be as specified in Article 5154c-1, Section
9(c). The mediation shall extend for fourteen calendar days. If no
agreement is reached through mediation, upon request of either party, the
parties shall submit the dispute to one Factfinder.
The selection of the mediator and the Factfinder shall occur
as follows. When either party requests mediation or factfinding, the
parties may agree to choose any mediator or factfinder or method of choosing
same. If no agreement occurs within five days from the request, the parties
shall request a list of seven neutrals from the American Arbitration Asso-
ciation (AAA). Upon receiving the list, the parties shall select the
mediator or factfinder by alternately striking names. The request to AAA
shall state the dates on which the neutrals must available. The mediator
and the factfinder shall be selected within five days after receipt of the
list from the AAA. The fee and expenses of the mediator and the factfinder
shall be split equally between the City and the Association. All other
expenses, including witness fees, shall be paid by the party incurring the
expense or calling the witness.
53a
ARTICLE X - cont'd.
By agreement the parties may submit any issue or issues to the
factfinders. If no such agreement is reached, then each party shall be
entitled to submit two proposals to the Factfinder, each proposal on
d ive;n4-1
one distinct topic. For example, each of these constitute a dictriet-
topic: Salary, dependent health insurance coverage, promotional proce-
dures, political activities. Each party may submit its two proposals,
poap•s&N.
and its alternatives to the other party's tray
The Factfinder shall conduct a full and fair_hearing on the
issues submitted to him. The hearing shall be informal and strict rules
of evidence shall not apply. After hearing all evidence offered by the
parties, and any evidence requested independently by the Factfinder, the
Factfinder shall render a written decisionkaking findings of fact and
recommendations as to all matters in dispute. In the opinion the Fact -
finder shall state his reasons for his findings of fact and recommendations. •
In rendering such findings and recommendations the Factfinder shall exer-
cise his independent judgment and shall not attempt to "split the difference."
Where an issue is submitted to the Factfinder in the form of a proposal
and an alternative to it, the Factfinder's decision with respect to that
issue must recommend either the proposal or the alternative.
The Factfinder's decision shall be submitted to the City Council.
It shall be advisory only, and the City Council shall be free to accept,
reject, or modify the Factfinder's recommendations, or any of them.
In making the findings of fact and recommendations, the Fact -
finder shall consider the following evidence submitted to him by the
parties or obtained at his direction: the overall compensation in the
53b
ARTICLE X : cont'd.
current contract including direct salary and fringe benefits; the income
available to the City and demands on that income; a comparison of wages,
hours, and conditions of employment of Corpus Christi Firefighters with
the wages, hours, and conditions of employment of other public and pri-
vate employees performing similar services and with other employees gene-
rally in public and private employment in comparable communities and in
Corpus Christi; the hazards of employment, physical, educational, and
mental qualifications, job training and skills required of a Corpus
Christi Firefighter; the cost of living in Corpus Christi relative to other
communities; the rate of increase in the cost of living for the preceding
twelve-month period using localized data to the fullest extent feasible;
and any current national or state policies or guidelines with respect to
compensation. Provided, however, that in weighing evidence of the wages,
hours, and conditions of employment of workers other than Corpus Christi
Firefighters, offered as a comparison, the Factfinder will determine the
comparability of such other workers without regard to whether or not they
engage in collective bargaining with their emplo ers.
PART II
In light of the availability of factfinding as a means of t.-
tzlztlizzjeameamwf impasse resolution, as provided above in Part I of
this Article, the parties agree that binding arbitration is not necessary
for the resolution of impasses. Consequently, the parties agree that
neither will request the submission of unresolved issues to arbitration
under Article 5154c-1, V.A.T.S., or any other statute, City Charter
53c
ARTICLE X - IMPASSE PROCEDURES
provision, or ordinance; any such request shall be void and ineffective.
Additionally, the Association withdraws its support of any
co"eo*9
proposed Charter amendment that would provide forA binding arbitration
in the event of impasse. Specifically, the Association makes the follow-
ing promises: ,
(1) It will not bring any legal action seeking to force an
election on such a proposed Charter amendment or seek enforcement of any
court order requiring such an election;
(2) It will not circulate a petition calling for an election
on such a proposed Charter amendment;
(3) It will not aid or encourage any person to do any of the
acts described above in subparagraphs (1) and (2) of this Part II;
(4) It pledges its cooperation and the cooperation of its
members in aiding the City's attempts, if any, to effect a. withdrawal
of the writ of mandamus issued in International Association of Firefighters,
et. al. v. Luther Jones, et al.5 Cause No. 79-2968-E, 148th District Court,
Nueces County, Texas. This cooperation shall include, but shall not be
limited to,the joinder of the Association, and of its members who are
plaintiffs in the above -captioned lawsuit, in a Motion to Vacate Writ
or
of Mandamus, srr similar pleading.
(5) If a Charter amendment election is ultimately held on a
proposed amendment that would provide for compulsory binding arbitration,
the Association will not lend its support, public or otherwise, to the
passage of such proposed amendment.
53d
ARTICLE X - cont'd.
The parties agree that each of the above promises of the
Association is in consideration of the City's agreement to factfinding
as a means of impasse resolution. If the Association breaches any of
the promises, the City may, in addition to its other remedies, declare
Part I of this Article null and void and be relieved thereafter from
any duty to comply with it.
The above promises of the Association are cumulative; com-
pliance with one or more of them. will not relieve the Association of
the duty to perform the remaining promises. Likewise, unenforceability
of any of the promises or impossibility of performing any of the pro-
mises --whether due to legal invalidity or other cause --will not relieve
the Association of the duty to perform the remaining promises.
53e
ARTICLE X1
CONCLUDING PROVISION
If any article or section of this agreement should be found --
invalid, unlawful, or unenforceable by reason of any existing or subse-'
quent 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.
IN WITNESS WHEREOF, we have executed this agreement this
day of , 1981.
CITY OF CORPUS CHRISTI INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL UNION #936
By • By
City Manager President
ATTEST:
City Secretary Secretary -Treasurer
APPROVED:
DAY OF , 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
54
LETTER OF UNDERSTANDING
The City of Corpus Christi, Texas, and the International Association of
F'-efi;q.ters, Local Union 936, agree as follows to the meaning of certain provi-
sions of their July 30, 1979, collective bargaining agreement, and, by this Letter
of Understanding, clarify any ambiguity in said provisions in order to prevent
future misunderstanding:
1. It is agreed that under Art. VII, Sec. 3, Step 1, of the grievance
procedure, the employee is required to initiate the procedure by filing a written
grievance with his immediate supervisor.
2. It is agreed that the grievance form attached hereto as Exhibit A
will be utilized at all steps in the grievance procedure under Art. VII, Sec. 3.
3. It is agreed that at all steps of the grievance procedure set out
in Art. VII, Sec. 3, of the Contract, every effort will be made by the grievant
and the supervisor to resolve the grievance at that step.
4. It is agreed that in arbitration of grievances under Art. VII, Sec.
4, of the Contract, in arbitration of appeals from disciplinary actions under Art.
VII, Sec. 6, and in arbitration of appeals from promotional bypass under Art. VII,
Sec. 7, witness fees shall not be considered as arbitration fees or expenses, and
arrangements to compensate witnesses, whether such witnesses be firefighters or
not, shall be made by the party calling the witnesses, and neither party shall be
required to pay for witnesses of the other party. All such hours which are over,
the regular scheduled work week will be paid at the rate of time and a half. Pro-
vided, however, that nothing herein shall require the grievant or the Union to
compen ate witnesses called by them.
dip COAU
ArmandoCaceres, President
International Association of
Firefighters,ocal Union 936
Date
) 7 'V
55
R. Ma in Townse d, City Manager
City of Corpus Christi
Date September 18, 1980
LETTER OF UNDERSTANDING
The City of Corpus Christi, Texas, and the International Association
of Firefighters, Local Union 936, agree as follows concerning the contribution
rates to the Firemen's Relief and Retirement Fund (hereinafter "the Fund"):
1. Effective January 1, 1982 the City's contribution rate to the
Fund shall increase by 1.4% of total firefighter payroll. Provided, however,
that such increase will not occur until after an employee election authorizes
the same percentage increase in the employee's contribution rate to the Fund.
2. The City retains the right unilaterally to_adjust its contribu-
tion rate to the Fund in the event that Social Security becomes mandatory for
firefighters. The adjustment shall be in the amount necessary to make the
City's total contribution to the Fund and to the Social Security for fire-
fighters, expressed as a percentage of firefighter payroll, equal to its
total contribution to the Texas Municipal Retirement System and to Social
Security for all other employees, expressed as a percentage of the total pay-
roll for all other employees.
Armando Caceres, President
International Association of
Firefighters, Local Union 936
R. Marvin Townsend, City Manager
City of Corpus Christi_
Date Date
55a
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
Dues Title
Code Payroll No. Employee No. Code No.
Name Security No.
Social
(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
56
Date
Exb:b;t R
PLEASE TYPE OR USE BALL POINT PEN
GRIEVANCE PROCEDURE
Copies
White - Step 1
Canary - Step 2
Pink -Step 3
Goldenrod - Employee
(Print or type name) I have discussed this complaii
with my immediate supervisor, and received his verbal answer on (date) Becaus
this answer is unacceptable to me, I wish to file my grievance complaint to Step 2.
This is o direct appeal to: ❑ Step 2, ❑ Step 3,
❑ Step_ 4.
Request for Union Representative ❑ 0
Yes No
•
EMPLOYEE'S STATEMENT OF GRIEVANCE
My grievonce is:
Section of contract alleged to be violated (if any).
A just and fair solution of my grievonce is:
Signature
Date Given Supervisor
Received
SUPERVISOR'S ANSWER
57
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) (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 Asso-
ciation 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
58
APPENDIX "C"
TERMINATION OF DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
Dues - Title
Code Payroll No. Employee No. Code No.
Name
(Last) (First) (M.I.)
Address "----Zip Code
I hereby terminate the authorization previously executed by me on -
Social
Security No.
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
59
Corpus Christi, Texas
S day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 1981
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to -consideration -and voting
upon ordinances or resolutions at three regular meetings;_I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is,
introduced, or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
.THE CITY OF CORPUS CHRISTI, ..TE -KA&
f -
The above ordinance was passed by -the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
1614i