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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