HomeMy WebLinkAbout17862 ORD - 09/28/19834
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
UNION 936 FOR FISCAL YEARS 1983-84 AND 1984-85, PURSUANT
TO COLLECTIVE BARGAINING NEGOTIATIONS, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to
execute a contract with the International Association of Firefighters, Local
Union 936 for fiscal years 1983-84 and 1984-85, pursuant to collective
bargaining negotiations, the terms, conditions, and purposes being
specifically set forth in the said contract, the provisions of which shall be
identical to the provisions of the 1981-1983 Agreement between the City of
Corpus Christi and the International Association of Firefighters, Local Union
936, with the changes set forth in Exhibit "A", attached hereto and
incorporated herein for all purposes.
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
suspension 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
day of
ATTEST:
ad/
reading as an emergency measure this the
, 1983.
Secretary MAYO
AP@' DYED:
1�1�• DAY OF CASA, 1983:
6c16.14-Beock /I City Attorney
THE C TY OF CORPUS CHRISTI, TEXAS
17196T
;sp 281984
MICROFILMED
4
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' UNION
AUGUST 1, 1983
,
TABLE OF CONTENTS
PREAMBLE
ARTICLE I - DEFINITIONS
ARTICLE II - RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognition
Section 2-A. Duration
Section 2-B. Amendments
Section 3. Nondiscrimination
Section 4. Prevailing Rights
Section 5. Copies of Agreement
ARTICLE III - WORKING CONDITIONS
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1. Work Week and Duty Hours
2. Overtime
3. Call-backs
4. Illness
5. Holidays and Vacation
6. Working Out of Classification
7. Uniforms
8. Mileage Allowance
9. Educational Incentive Pay
10. Meals
11. Relief
12. Sick Leave Accounting
13. Use of Sick Leave in the Event of Death
in the Immediate Family
ARTICLE IV - RANKS AND WAGES
Section 1.
Section 2.
Section 3.
Section 4.
ARTICLE V - UNION
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Ranks and Wages
Performance of EMT Duties
Longevity Pay
Certification Pay
RIGHTS AND ACTIVITIES
Payroll Deduction of Dues
Negotiating Team
Union Activities
Other Union Functions
City Facilities
Access
Orientation
Action Outside City Limits
Notification of Promotion
-1-
Page
r1
TABLE OF CONTENTS - cont'd.
Section 10. Parties to Select Their Own Representatives
Section 11. Contract Administration
ARTICLE VI - RULES AND REGULATIONS
Section 1. Management Functions
Section 2. Rules and Regulations
Section 3. Noninterference With Personal Lives
Section 4. Salaries of Assistant Chiefs
Section 5. Disaster Interchange
Section 6. Performance Testing for Promotional
Examinations
Section 7. Appointment of First Assistant Fire Chief
Section 8. Probationary Period for New Employees
Section 9. Corrections to Entrance or Promotional
Examination Questions
Section 10. Promotional Examination Study Materials
Section 11. Administration of Entrance Examination
Section 12. Promotional Procedures for Ranks of
District Chief and Assistant Chief
Section 13. Rulings and Records of Civil Service
Commission
Section 14. Conflict With Civil Service Laws
ARTICLE VII - GRIEVANCE PROCEDURE
Section 1. Scope of Grievance Procedure
Section 2. Right to Present Grievance; Union
Representation
Section 3. Procedure for Handling Grievance
Section 4. Arbitration of Grievance
Section 5. Payment While Participating in Grievance
and Arbitration Procedures
Section 6. Appeals From Disciplinary Actions
Section 7. Appeals From Promotional Bypass
Section 8. Suspensions by Agreement
Section 9. Conflict With Civil Service Laws
ARTICLE VIII - HEALTH AND WELFARE
Section 1. Labor -Management Committee
Section 2. Identification Cards
Section 3. Health Insurance and Life Premium
Section 4. Disability
Section 5. Sick Leave and Retirement Pool
ARTICLE IX - LEGAL PROCEDURES
Section 1. Legal Defense
Page
lo
TABLE OF CONTENTS - cont'd.
Page
ARTICLE X - IMPASSE PROCEDURES
ARTICLE XI - CONCLUDING PROVISION
LETTER OF UNDERSTANDING
LETTER OF UNDERSTANDING
APPENDIX "A" - DUES DEDUCTION AUTHORIZATION
EXHIBIT "A" - GRIEVANCE PROCEDURE FORM
APPENDIX "B" - SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
APPENDIX "C" - TERMINATION OF REGULAR OR SPECIAL DUES
DEDUCTION AUTHORIZATION
If
•
4
PREAMBLE
The following agreement is made by and between the City of Corpus
Christi, Texas, hereafter referred to as "the City", and the International
Association of Firefighters, Local Union 936, hereinafter referred to as
"the Union." The City and the Union agree that the establishment of fair
and reasonable compensation and other conditions of employment is a primary
purpose of this agreement as well as the promotion of harmonious relation-
ships between between the City and the Union. This agreement has been
negotiated through the collective bargaining process with the objective of
serving the aforementioned purpose and with the further object of fostering
effective cooperation between the City and its Firefighters. Now, there-
fore, in consideration of mutual promises and agreements contained herein,
the parties agree as follows:
ARTICLE I
DEFINITIONS
1. "City" means the City of Corpus Christi.
2. "Union" means the International Association of Firefighters,
Local Union 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.
ti
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
Firefighter trainees enrolled in the fire academy, but that such persons
become members of the bargaining unit at the time they graduate from the
fire academy and become certified as Firefighters by the Civil Service
Commission. Such persons will be members of the bargaining unit during the
remaining probationary period which follows their certification to
Firefighter classification.
Section 2-A. (a) Duration. This agreement shall be effective as of
duly -241r -198a, August 1, 1983 and shall remain in full force and effect
until duly -313-4988 July 31, 1985 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
negotiations shall be sent at the convenience of both parties. In order
for the contract to be amended both parties must agree upon the amendment.
Section 3. Nondiscrimination. This agreement applies equally to all
Firefighters of the City of Corpus Christi, and the parties agree to apply
ARTICLE II - cont'd.
the provisions of this agreement to all Firefighters without discrimination
because of race, color, sex, age, religious creed, national origin or Union
affiliation.
Specifically, the City will not:
(1) Interfere with, restrain, or coerce employees in the exercise of
their right to organize and bargain collectively as provided by law, or in
the exercise of rights provided by this agreement;
(2) Dominate or interfere with the formation or administration of the
Union;
(3) Encourage or discourage membership in or support of the Union;
(4) Discharge or otherwise discriminate against any employee in
regard to tenure of employment or any term or condition of employment on
account of membership in or support of the Union, or on account of any
lawful Union activity.
Specifically, the Union will not:
(1) Interfere with, restrain or coerce employees in the exercise of
their right to organize and bargain collectively as provided by law, or in
the exercise of rights provided by this agreement;
(2) Cause or attempt to cause any employee to discriminate against
any other employee because of the employee's membership or non -membership
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
specifically in this agreement, shall remain in full force and effect and
ARTICLE II - cont'd
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 August 1, 1983.
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 54 hours per week effective February 1, 1984 to be implemented
as follows:
The formula for calculating the yearly average work week is as
follows: every half hour that the yearly average work week is reduced below
56 hours is equivalent to annual reduction in duty time of 24 hours or one
shift. Pursuant to this formula:
a. During the first year of the contract, each shift employee will
receive two scheduled shifts off between February 1, 1984 and
July 31, 1984.
b. During the second year of the contract each shift employee will
receive four scheduled shifts off between August 1, 1984 and July
31, 1985.
The regular duty hours for each shift shall begin at 8:D0 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 54 hours per week on an annual
basis, 12 scheduled working hours shall be counted as 1 work day for
ARTICLE III - cont'd
vacation or sick leave purposes.
Any work required in holdover from a shift as a result of a later
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
a 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
overtime work at the rate of 1-1/2 times the regular rate, provided that
such rate for positions with scheduled work weeks other than 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-half times the regular rate of pay
will be paid for work performed on any City holiday as per Section 5 of
Article III 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
ARTICLE III - conttd
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. 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.
ARTICLE III - cont'd
Effective August 1, 1983 Firefighters with less than 15 years of
serviceshall be entitled 15 working days vacation a year which shall accrue
on the basis of 26 biweekly pay periods per year. Firefighters with 15
years to 29 years of continuous service shall accrue 18 working days
vacation a year which shall accrue on the basis of 26 pay periods a year.
Effective August 1, 1983 Firefighters with 30 years of continuous service
or more shall accrue 21 working days of vacation a year which will accrue
on the basis of 26 biweekly pay periods a year. For 24-hour shift
firefighters, 12 scheduled working hours shall be counted as one working
day for vacation purposes. For those firefighters scheduled to work 40
hours a week, 8 hours shall be counted as one working day for vacation
purposes.
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 employee shall thereafter replace or repair said required
clothing items. wh4eh-ate woro-ant-thixmigh--oedii+apy-wear-athi--tears--The
64iy-shat•-fe0aee-a44-Pequ4red-eleih4ag-#tens-aed-equOment-whteh-are-4est
ea-damaged-4a-the-eedfse-ef-eap4eyeent-w4theat-east-te-the-emp4eyee.
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 trainee, six uniforms and three jumpsuits.
2. One belt and one buckle.
Shoes shall be at the expense of the individual firefighter and made
available through City warehouse prices and facilities.
Effective August 1, 1983 a clothing allowance of $25:99 $40.00 per
month shall be provided to each firefighter for the purposes of uniform
cleaning and maintenance. Effective August 1, 1984, the clothing allowance
shall be increased to $45.00 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 compensation ordinance of the City, but not less
than 22# 24¢ per mile.
Section 9. Education Incentive Pay.
(1) Employees shall be eligible for educational incentive pay at the
monthly rate of 70¢ per month for each academic semester hour
satisfactorily completed provided that such hours are applicable toward a
degree in Fire Science. In no event will more than $49.70 per month be
paid without successful completion of the requirements and the receipt of
ARTICLE III - cont'd
the Associate in Applied Science degree in Fire Science; if the employee is
attending an upper level college, he may meet this requirement by filing a
copy of his certified degree plan with the Director of Personnel, noting
his expressed intent to obtain a Bachelor's Degree in Fire Science or
Occupational Education with 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 receipt 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
completion of the Master's Degree in Fire Science or Occupational Education
with specialization in Fire Science will qualify the employee for an
additional $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
ARTICLE III - cont'd
officers for such service.
Firefighters engaged in ambulance duties 2 hours past their normal
mealtime shall be fed at the City's expense, pet- to.-exceed-$3,OO for
approximately $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 an 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. 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
WAGES
Section 1. Wages. Effective duly -27.1-4,98.1 August 1 1983 the basic
ranks within the Fire Department, as well as the applicable job
classifications and applicable monthly pay rates shall be as follows:
PUBLIC SAFETY GROUP SALARY SCHEDULE - FIRE
EFFECTIVE 8-1-83
Class Months
Code Class Title Starting 6 18 30
900 Trainee $1,224
901 Firefighter 1,421 $1,492 $1,569 $1,685
906 Firefighter II 1,707 1,730 1,752
909 Fire Inspector I 1,707 1,730 1,752
911 Fire Inspector II 1,717 1,734 1,791
902 Fire Lieutenant 1,819 1,868 1,912
910 Fire Alarm Operator 1,819 1,868 1,912
903 Fire Captain 2,008 2,110 2,216
904 Master Mechanic 2,328 2,442 2,563
905 District Chief 2,328 2,442 2,563
ARTICLE IV - cont'd
Section 2. Wages. Effective August 1, 1984 the basic ranks within the
Fire Department, as well as the applicable job classifications and
applicable monthly pay rates shall be as follows:
PUBLIC SAFETY GROUP SALARY SCHEDULE - FIRE
EFFECTIVE 8-1-84
Class Months
Code Class Title Starting 6 18 30
900 Trainee $1,273
901 Firefighter 1,478 $1,552 $1,632 $1,752
906 Firefighter II 1,775 1,799 1,822
909 Fire Inspector I 1,775 1,799 1,822
911 Fire Inspector II 1,786 1,803 1,863
902 Fire Lieutenant 1,892 1,943 1,988
910 Fire Alarm Operator 1,892 1,943 1,988
903 Fire Captain 2,088 2,194 2,305
904 Master Mechanic 2,421 2,540 2,666
905 District Chief 2,421 2,540 2,666
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 firefighting 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 positions within the Firefighter II classification. All
Firefighter II employees who received promotions to Firefighter II during
the 1976-77 contract year because of holding a current EMT certification
shall be grouped in the Ambulance Service. All other Firefighter II
employees shall be grouped in the Fire Suppression Service.
(2) When a vacancy occurs in the Firefighter II classification, a
record shall be kept as to the date of the vacancy and whether it occurred
in the Fire Suppression or Ambulance Service. Subsequent appointments to
the classification of Firefighter II shall be made by order of oldest
vacancy first. Firefighter II promotional examinations shall be open to
all firefighters with two years service in either the same rank or the next
ARTICLE IV - cant'd
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
Raster with EMT certification who are required to maintain that
certification, the Chief may request from the Civil Service Director that
an additional Firefighter Promotional Examination be administered without
restriction to rank or years 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 raster 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
effective 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 considered a valid reason for passover from any
Firefighter II eligibility promotion roster; however, such passover shall
not cause the employee to be dropped from a promotional roster. Loss of
EMT certification or failure to keep certification current by a Firefighter
ARTICLE IV - cont'd
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 for voluntary
demotion not subject to Civil Service Commission determination.
(4) Any employee in the Ambulance Service may be transferred to Fire
Suppression by taking a promotional examination and obtaining a position on
an eligibility roster which would entitle him to promotion to fill a
Firefighter II vacancy in Fire Suppression as each Fire Suppression vacancy
occurs. Such a transfer shall create a Firefighter II vacancy in the
Ambulance Service to be filled from the eligibility roster by employee
eligible for promotion to such position.
C. All promotional examinations to the Firefighter II rank will be
based solely upon knowledge of fire suppression skills.
D. A11 Firefighter and Firefighter II employees hired after October
1, 1973, must obtain a current EMT certification, and loss of EMT
certification or failure to keep certification current on the part of such
employee shall be grounds for disciplinary action including demotion or
temporary or indefinite suspension. This requirement will not apply to any
employees hired before October 1, 1973.
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 EMS duties shall
be entitled to receive, but only upon his request, temporary reassignment
ARTICLE IV - cont'd
to Firefighter I duties for as much as two pay periods in any 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.
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. Throughout the term of this contract, each certified Firefighter
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. Each certified
Firefighter II Paramedic who is assigned to paramedic duty as relief for
any 24-hour shift in any calendar month shall receive $10 for each 24-hour
shift in which he is assigned to paramedic duty during that calendar month.
The assignment 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
ARTICLE IV - cont'd
$5 assignment pay.
Assignment pay shall be adapted by City ordinance for Emergency
Medical Technician/Firefighter II's and Paramedic/Firefighter II's assigned
permanently to the Emergency Medical Service in the following amounts:
I. Emergency Medical Technicians
a. effective August 1, 1983: $20 per month
b. effective August 1, 1984: $35 per month
II. Paramedics
a. effective August 1, 1983: $80 per month
b. effective August 1, 1984: $100 per month
I. After five years of actual ambulance service duty, which must be
continuous, as a Firefighter II/EMT, or Paramedic the employee shall be
granted upon request a voluntary demotion to Firefighter I, and will not
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 an 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
ARTICLE IV - cont'd
Advanced Certification -- $20 per month
Master's Certification -- $25 per month
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 deduct such special assessment on the following pay period after
receipt of the "Special Assessment Deduction Card."
D. At any time a member of the Union desires to withdraw his
membership, he may voluntarily and individually do so. Such action will be
initiated through a "Termination of Dues Deduction Card" voluntarily and
individually signed by the member of the Union and furnished by the City.
Such "Termination of Dues Deduction Card" is found in Appendix "C" and is
incorporated by reference into this agreement. The City shall terminate
deduction of such dues on the following pay period after receipt of the
"Termination of Dues Deduction Card."
E. The city will be obligated to remit to the Union only those sums
deducted as dues and assessments from the Union member's 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.
4411 negotiations shall be conducted exclusively between the designated
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
end of the contract term specified in Article II, Section 2-A of this
Agreement. Negotiations will be considered at impasse if said negotiations
extend 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
ARTICLE V - cont'd
efficient 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 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.
The President of the Union and twe three elected delegates shall each
tc E11cwed three shifts off with pay each year of the contract term to
a`tuc Cr;ct'T F' ;tr rci.ei,.ici, ,LC "Ake 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 Union's national and
state LcryetAlus, r.r.}, uper: the Cnicr's request, be used for attendance at
.eciws cr lrairirs sessions during each year of the contract term.
In addition to the delegate leave days granted by the preceding
paragraph, if any firefighter is elected to a position on the Union's state
or national executive board that firefighter shall be allowed three shifts
off with pay to attend the state and national conventions.
ARTICLE V - Cont'd.
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 organizations.
Section 6. Access. Subject to prior notification to and approval
from the Fire Chief or next highest ranking officer, the Union president or
his appointee shall have the right to visit the premises of the Fire
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
representative designated by the president of the Union shall assist the
City's representative 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.
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.
ARTICLE V - Cont'd.
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
arbitration 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 about District Chief.
Section 11. Contract Administration. During fiscal year 1981-82
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 instructions, but the City retains the right to make any
and all final decision 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 considered called back on duty to attend such session.
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
ARTICLE VI - cont'd
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
schedules and assignments, and to establish methods and processes by which
work is to be performed, all subject to applicable statutes, the City
Charter, Standard Instructions, rules and regulations and standing orders,
and this contract.
The City reserves the right to use civilians in the Fire Department to
perform duties which do not require a certified Firefighter. The scope of
such duties 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.
Section 2. Rules and Regulations. The city recognizes the
responsibility of management to reduce Standard Instructions, rules an
ARTICLE VI - cont'd
regulations and standing orders to writing and to maintain the same at each
station in order to achieve a uniform interpretation and application of
such directives and regulations, within the contract year.
Section 3. Noninterference With Personal Lives. The City will not
publish, make or enforce any regulations or directives which will interfere
with the personal lives or off-duty activities of employees, except to the
extent that such regulations may be necessary to assure the efficient
conduct of the mission of the Fire Department. This section will not
supersede the rules and regulations of the Civil Service Commission, and
shall not be interpreted to apply to or negate any rules or regulations
pertaining to residence within the City limits.
Section 4. Salaries of Assistant Chiefs. The positions of First
Assistant Fire Chief and Assistant Fire Chief shall be compensated at
salary grade levels set forth below within the general salary schedule
consistent with the provisions provided under Section 2(b) of compensation
Ordinance No. 8127. The First Assistant Chief shall be compensated at Pay
Grade 34 and the Assistant Chiefs at Pay Grade 32. All other subsequent
step increases shall be made consistent with longevity requirements of the
general salary schedule or as provided by authority of Section 2(b) of
compensation 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.
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
ARTICLE VI - cont'd
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 and the Union shall develop and agree upon, sometime during the tenure
of this contract, nonwritten performance testing methods for promotion to
the rank of Firefighter II, Lieutenant and Captain to be included as part
of promotional examinations. Such nonwritten performance testing shall not
account for more than twenty-five percent (25%) of the one hundred (100)
points of the maximum grade for promotional examinations. The written
portion of promotional examinations shall be conducted entirely as provided
by Article 1269m, and the grading methods and establishment of the
eligibility roster shall also be conducted entirely as provided by Article
1269m.
The nonwritten performance testing shall consist of identical tests to
be given to each applicant which shall be scored upon a mathematical,
objectively verifiable basis and shall be prepared so as to test the
performance skills of the applicants concerning duties of the positions
sought. The general nature of the skills to be tested shall be based upon
material which has been made available to all members of the Fire
Department involved. The Union may appoint one Union member with pay, to
observe the conduct of the performance testing and verify the accuracy of
ARTICLE VI - cont'd
scoring. It is agreed that the Union observer shall not participate in the
conduct of the examination or the scoring process.
Section 7. Appointment of First Assistant Fire Chief. In the event
of vacancy in the position of Fire 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
discretion of the Chief, provided that the Chief shall fill such vacancy
from the permanent salary classification immediately below that for which
the appointment is being made.
Section S. 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 i 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 automatically 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 the date of the examination to recommend to the Civil Service Commission
ARTICLE VI - cont'd
changes to entrance or promotional examination questions where clerical
errors in compiling the test questions have been discovered, or where a
question arises as to general accuracy. This does not restrict the
Firefighter from appealing questions to the Civil Service Commission.
Section 10. Promotional Examination Study Materials. Study materials
and texts for promotional examinations shall be posted and available at
least 60 calendar days prior to an examination. Exceptions shall be
permitted on materials or books which are not readily available from
publishing companies. In any event, such study material must be available
at least 15 days prior to the examination date. Such test material will
not be used on the examination if study material is not available 15 days
prior to the examination date.
Section 11. Administration of Entrance Examination. Entrance
examinations may be administered at any time to qualified groups or
individual applicants consistent with public posting requirements of
Article 1269m. All applicants passing the 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.
Section 12. 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
ARTICLE VI - cont'd
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
provide 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
examination 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.
(c) ane board member from either inside or outside the Fire
department who has had working experience with personnel
evaluation. The 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
ARTICLE VI - cont'd
the written test assessment center exercises shall be included in this
posting. Assessors shall be trained for a minimum of eight hours in the
methods to be used in administering the test. All candidates will be given
the opportunity to attend a classroom orientation period concerning the
assessment center 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 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
ARTICLE VI - cont'd
one candidate to another, but questions exploring answers offered by a
candidate may be asked if the assessors feel they need a n answer
clarified or explained. All five assessors shall grade this exercise.
(3) Feedback shall be provided to each candidate in a "feedback's 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,
excluding weekends and holidays, of the oral examination process, an
eligibility list shall be prepared and posted with the respective ranking
of all applicants 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 the department up to a maximum
of ten points - 10 points
fl points
Section 13. 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 copies verbatim in the minutes; it shall be sufficient to
accurately summarized such actions. The Chairman or, in his absence, the
Vice -Chairman of the Commission shall sign the minutes; the signatures of
ARTICLE VI - cont'd
the concurring members on any action shall not be required. The Commission
may, if it desires, cause any rules, decisions, directives, or orders to be
reduced to writing, apart from the minutes. All such written records of
the Commission shall be public records.
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 Commission 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.
ARTICLE VII - cont'd
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 decision will be given to the aggrieved employee
not later than 6 calendar days, or two shifts, from the initial
presentation of the grievance. Every effort shall be made by the employee
and the immediate supervisor to resolve the grievance at this level.
Step 2. If the grievance is not resolved at Step 1, the aggrieved
employee shall submit his grievance in writing to his next immediate
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;
ARTICLE VII - cont'd
(3) Shall state the remedy or adjustment sought; and
(4) Shall be signed by the aggrieved employee.
The next immediate supervisor shall meet with the employee, discuss
the grievance, and shall respond in writing within 9 calendar days after
receiving the grievance. The written response at this step, and the
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 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 of Step 2.
If the employee rejects the Fire Chief's response in writing within 9
calendar days after receiving the same, the grievance shall go to Step 4;
otherwise, the Fire Chief's decision will be final.
Step 4. If the Fire Chief's response is rejected at Step 3, the
grievance shall be submitted in writing immediately to the City Manager or
ARTICLE VII - cont'd
his designee who shall meet with the employee to discuss the grievance and
shall make a response within 15 calendar days following the employee's
rejection of the decision at Step 3.
Section 4. Arbitration 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
disputes involving the application, interpretation and enforcement of the
terms of this agreement and which are limited to incidents involving
individual employees or employee groups rather than matters affecting the
entire bargaining unit as a whole. The refusal to submit a dispute to
arbitration where arbitration is made mandatory by this section, shall be
deemed an action or omission pertaining to the rights, duties, and
obligations provided by Article 5154c-1, V.A.C.S., and the parties
requesting arbitration shall be entitled to the remedies allowed by Section
18 of that Act, subject to judicial determination.
C. Voluntary Arbitration: Any other disputes, including contract
interpretations on application 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.
ARTICLE VII - cont'd
(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
arbitration 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.
(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
ARTICLE VII - cont'd
himself to the issues submitted for arbitration, and shall have no
authority to determine any issue not submitted to him. The decision of the
arbitrator shall be final and binding upon the aggrieved employee, the
Union and the City, subject to judicial review as provided by—Article
5154c-1.
(b) 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. 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.
ARTICLE VII - cont'd
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 1260m 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.
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,
ARTICLE VII - cont'd
within a reasonable time, which time shall be stated in the notice.
After the notice and opportunity for rebuttal provided in the
preceding paragraph the Chief may demote, suspend or terminate an 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
contemplated 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
to arbitration. The employee and the Chief (the parties) shall attempt to
mutually agree an an arbitrator. If the parties fail to agree on an
ARTICLE VII - cont'd
arbitrator within ten days after the appeal is filed, the Director shall
immediately request a list of seven (7) qualified neutrals from the
American 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
arbitrator 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 ane day of so
learning, another arbitrator shall be selected from a new list of seven
names immediately 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.
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
ARTICLE VII - cont'd
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 violated, if any. Where the charges are upheld, the award
shall state whether the disciplinary 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.
(3) In all hearings under this section, the burden of proof
shall be upon the City.
ARTICLE VII - cont'd
(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, 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 announcement 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.
ARTICLE VII - cont'd
The Arbitrator shall have all powers vested in the Commission under
Article 1260m, 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 control• over Article 1269m, Civil Service
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
employee, 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.
Any deadline or time restrictions set out in this contract with
ARTICLE VII - cont'd
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 Personnel 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 Association represents the employee it shall pay
his share. With respect to promotional bypasses, the employee shall have
such right to appeal the arbitrator's decision to district court as he is
given in Art. 1269m to appeal the Commission's decision, and no greater
right.
Section 8. Suspensions by Agreement. Notwithstanding any other
provisions 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 administrative or judicial body shall have
the power to review such a suspension or to alter the terms of the
agreement.
Section 9. Conflict With Civil Service Laws. The provisions of this
ARTICLE VII - cont'd
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.
ARTICLE VIII
HEALTH & WELFARE
Section 1. Labor -Management Committee. The City and the Union,
having recognized that cooperation between management and employees is
indispensable to the accomplishment of sound and harmonious labor
relations, shall jointly maintain and support a Labor Relations Committee.
The Labor -Management Committee shall consider, discuss, and recommend to
the Chief any problems pertaining to the employment conditions of
employees. 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
Firefighters 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
ARTICLE VIII - cont'd
pay dependent coverage in the amount of 50 percent of the employee's
premium cost. Employees who retire under conditions of disability
retirement in accordance 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 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 Section 26,
Article 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
ARTICLE VIII - cont'd
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 illness under
Section 26, Article 1269m, and is in no way intended to govern the payment
of benefits under the workers' compensation statutes, which benefits shall
continue to be governed solely by the workers' compensation statutes.
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 cannot 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 for all
his accumulated sick leave, and for accumulated vacation. 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 Article 1269m, Section 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
ARTICLE VIII - cont'd
determining the permanent disability shall be as follows: In the event the
Chief determines after consultation 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 shall be
paid by the City. The decision of a majority of 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 year 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
ARTICLE VIII - cont'd
the term of this contract, other than an 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 compensated 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 insufficient 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 eliminated from the pool and returned to the City; a new pool
shall be created as specified in the preceding paragraph.
B. 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 fallowing 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.
1i3 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.
10) 25 or more full years of service: not more than 180 days.
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
ARTICLE IX - cont'd
legal defense for a Firefighter when he or she receives a traffic citation
as a result of being involved in a traffic accident while making an
emergency run to the scene of a fire or an emergency while acting in the
course 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 intentional acts, gross
negligence or recklessness. The City shall provide such legal defense
through an attorney not connected with the prosecution of such case.
(1) The Firefighter shall notify the City of any claim being made
against such Firefighter not later than thirty (30) days from the date that
such Firefighter received notice of such claim, and shall request the City
to assume the defense of the Firefighter regarding such claim. The City
shall require that such request be made in writing.
(2) If suit is brought against such Firefighter, such Firefighter
shall immediately forward to the City Attorney every demand, notice,
summons or other process received by him.
(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,
ARTICLE IX - cont'd
and shall attend all hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses.
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 impasse
should be reached as defined in Article 5154c-1, either party may request
mediation, and if mutually agreed upon, the parties shall immediately
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 Association
(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 be 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
ARTICLE X - cont'd
shall be split equally between the City and the Union. All other expenses,
including witness fees, shall be paid by the party incurring the expense or
calling the witness. By agreement the parties may submit any issue or
issues to the factfinders. If no such agreement is reached, th n each
party shall be entitled to submit two proposals to the Factfinder, each
proposal on one distinct topic. For example, each of these constitute a
distinct topic: Salary, dependent health insurance coverage, promotional
procedures, political activities. Each party may submit its two proposals,
and its alternatives to the other party's proposals.
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. 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 decision making findings of fact and
recommendations as to all matters in dispute. In the opinion the
Factfinder shall exercise his independent judgment and shall not attempt to
"split the difference." Where an issue is submitted to 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 Factfinder
shall consider the following evidence submitted to him by the parties or
ARTICLE X - cont'd
obtained at his direction; the overall compensation in the 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 private employees
performing similar services and with other employees generally 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 employers.
PART II
In light of the availability of factfinding as a means of 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 provision, or ordinance; any such request shall
ARTICLE X - cont'd
be void and ineffective.
Additionally, the Union withdraws its support of any proposed Charter
amendment that would provided for compulsory binding arbitration in the
event of impasse. Specifically, the Union makes the following promises:
(1) It will not bring any legal action seeking in force an election
on such a proposed Charter amendment or seek enforcement of any court order
requiring such an election on compulsory binding arbitration;
(2) It will not circulate a petition before July 31, 1983, calling
for an election on such a proposed Charter amendment on compulsory binding
arbitration;
(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., 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 Union, and of its members who are plaintiffs in the
above -captioned lawsuit, in a Motion to Vacate Writ of Mandamus, or similar
pleading.
(5) If a Charter amendment election is ultimately held before July
31, 1983, on a proposed amendment that would provide for compulsory binding
arbitration, the Union will not lend its support, public or otherwise, to
the passage of such proposed amendment on compulsory binding arbitration.
The parties agree that each of the above promises of the Union is in
ARTICLE X - cont'd
consideration of the City's agreement to factfinding as a means of impasse
resolution. If the Union 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 Union are cumulative; compliance with one or
more of them will not relieve the Union of the duty to perform the
remaining promises. Likewise, unenforceability of any of the promises or
impossibility of performing any of the promises --whether due to legal
invalidity or other cause --will not relieve the Union of the duty to
perform the remaining promises.
ARTICLE XI
CONCLUDING PROVISION
If any article or section of this agreement should be found invalid,
unlawful, or unenforceable by reason of any existing or subsequent enacted
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
, 1983.
CITY OF CORPUS CHRISTI INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL UNION #936
By By
City Manager President
LETTER OF UNDERSTANDING
The City of Corpus Christi, Texas, and the International
Association of Firefighters, Local Union 936, agree as follows to the
meaning of certain provisions 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.
Provided, however, that nothing herein shall require the grievant or the
Union to compensate witnesses called by them.
Armando CacereS,sPresident
International Association of
Firefighters, Local Union 936
///
R. Marvin Townsend, City Manager
City of Corpus Christi
Date 5-73(/f/ Date 6)/ 6)l
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
contribution rate to the Fund in the event that Social Security becomes
mandatory to 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 firefighters, 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 payroll for all other employees.
l� s/
Armando_Caceres, President
International Association of
Firefighters, Local Union 936
R. arvin Townsend, City Manager
City of Corpus Christi
Date Date
1.x1'; t -A -
PLEASE TYPE OR USE BALL POINT PEN
Date GRIEVANCE PROCEDURE
Copies
White -Step T
Canary - Step 2
Pink -Step 3
Goldenrod - Employee
(Print or type name)
with my immediate supervisor, and received his verbal answer on (date)
This answer is unacceptable to me, I wish to file my grievance complaint to Step 2.
I have discussed this complaint
Because
This is a direct appeal to: 0 Step 2,
0 Step 3, 0 Step 4.
Request for Union Representative 0
0
Yes No
EMPLOYEE'S STATEMENT OF GRIEVANCE
My grievance is:
Section of contract alleged to be violated (if any).
A just and fair solution of my grievance is:
Signature Date Given Supervisor
Received SUPERVISOR'S ANSWER
LETTER OF UNDERSTANDING
Discussion of Assessment Center
The City of Corpus Christi and the International Association of
Firefighters' Local Union No. 936 agree to discuss the assessment center
process in the Labor Relations Committee during the term of this contract.
Buc Sosa, President
International Association
of Firefighters
Local Union No. 936
Edward A. Martin, City Manager
City of Corpus Christi
DATE: DATE:
LETTER OF UNDERSTANDING --#4
HEALTH MAINTENANCE ORGANIZATION
The City of Corpus Christi and the International Association of
Firefighters, Local Union No. 936 agree as follows concerning the offering
of the Health Maintenance Organization (HMO) to all firefighters as a
voluntary alternative employee health care program herein referred to as
Planned Health:
1. If the City of Corpus Christi offers the health care provisions
of the HMO known as Planned Health to firefighters and their
legal dependents, the City of Corpus Christi will agree to pay
the same dollar amount toward the cost of the plan as is
currently paid under the City's self funded health care plan for
the term of this contract.
2. Firefighters who elect to participate in the HMO coverage
provided by Planned Health shall be required to pay any
additional cost for this coverage above the present city plan
contribution.
Buck Sosa, President
International Association
of Firefighters
Local Union No. 936
Edward A. Martin, City Manager
City of Corpus Christi
DATE: DATE:
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION #936
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (M.I.)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct each pay
period the sum of $ as certified by the International
Association of Firefighters, Local Union #936, as the current rate of dues
or an amount as may hereafter be established by the International
Association of Firefighters, Local Union #936 as dues. This deduction is
to be forwarded directly to the International Association of Firefighters,
Local Union #936. The authorization of this deduction is entirely
voluntary on my part.
I understand that the City of Corpus Christi will be obligated to
forward to the Association only those sums actually deducted and will not
be liable for damages to me for failure to deduct any authorized sum for
any reason.
Signed
Date
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION #936
Assessment Title —
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (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 Association 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
APPENDIX "Cu
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936
Dues Title
Code Payroll No. Employee No. Code No.
Name
(Last)
(First) (M.I.)
Social
Security No.
Address Zip Code
I hereby terminate the authorization previously executed by me on
for dues deduction for the
International Association of Firefighters, Local Union 936, and request
that the City make no further regular ( ) or special ( ) dues 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
Corpus Christi, Tex•s
oal day of
,198Z3
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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, Respectfully,
MAYOR
Council Members
)10(
E CITY CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
E
171162