HomeMy WebLinkAbout020670 ORD - 05/09/1989AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS
CHRISTI FIREFIGHTERS ASSOCIATION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with the Corpus Christi Firefighters Association, a substantial copy
of which is attached hereto and made a part hereof, marked Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned agreement at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances at three regular meetings so
that this ordinance is passe and shall ta,k effect upon first read ng as an
emergency measure this the day of
ATTEST:
ity Secretary
/AYOR
APPROVED: VA DAY OF /47 10f
HAL GEORGE, CITY ATTORNEY
By
4464start—City Attorney
208HG094.o rd
THE CITY OF CORPUS CHRISTI, TEXAS
20670 MICROFILMED
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' ASSOCIATION
MAY 9, 1989 THROUGH JULY 31, 1990
FIC ff i 8 /-7-
ti
TABLE OF CONTENTS
PREAMBLE
ARTICLE I - DEFINITIONS
ARTICLE II - RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognition
Section 2. Amendments
Section 3. Prevailing Rights
ARTICLE III - NONDISCRIMINATION
ARTICLE IV - WORKING CONDITIONS
Section 1. Work Week and Duty Hours
Section 2. Fire Prevention Work Week
Section 3. Overtime
Section 4. Call -Backs
Section 5. Illness
Section 6. Holidays and Vacation
Section 7. Personal Leave
Section 8. Working Out of Classification
Section 9. Uniforms
Section 10. Mileage Allowance
Section 11. Education Incentive Pay
Section 12. Meals
Section 13. Relief
Section 14. Sick Leave and Vacation Posting
Section 15. Use of Sick Leave in the Event of Death or
Serious Illness in the Immediate Family
Section 16. Assignment Preference Forms
Section 17. Reassignment from Fire Prevention
Section 18. Rank of Captain
ARTICLE V - WAGES
Section 1. Wages
Section 2. Longevity Pay
Section 3. Certification Pay
ARTICLE VI - EMERGENCY MEDICAL SERVICE
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1. Certification Requirement
IA. Paramedic Certification (Additional- Time)
2. Service Requirement
3. Other Certification Requirements
4. Assistant EMS Director
5. Firefighter II Promotional Examinations
6. EMT Certification
7. Reassignment of FF II EMT/Paramedics
8. Voluntary Demotion of FF II EMT/Paramedics
9. EMT Certification After Promotion
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TABLE OF CONTENTS (Cont'd.)
ARTICLE VII - UNION ACTIVITIES
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1. Payroll Deduction of Dues
2. Negotiating Team
3. Union Activities
4. Other Union Functions
5. City Facilities
6. Access
7. Orientation
8. Action Outside City Limits
9. Notification of Promotion
10. Parties to Select Their Own Representatives
11. Contract Administration
ARTICLE VIII -
Section 1.
Section 2.
Section 3.
Section 4.
MANAGEMENT RIGHTS
Management Functions
Rules and Regulations
Noninterference with Personal Lives
Salary of First Assistant Chief
ARTICLE IX - EMPLOYEE SELECTION AND PROMOTION
Section
Section
Section
Section
Section
Section
Section
Section
1.
2 .
3.
4.
5.
6.
7.
8.
Section 9.
Orientation for FF II Drivers and Captains
Performance Testing for Promotional Exams
Appointment of First Assistant Fire Chief
Probationary Period for New Employees
Corrections to Entrance or Promotional
Examination Questions
Posting and Administration of Promotional Exams
Administration of Entrance Examination
Promotional Procedures for Ranks of District
Chief and Assistant Chief
Rulings and Records of Civil Service Commission
ARTICLE X - GRIEVANCE PROCEDURE
Section
Section
Section
Section
Section
Section
Section
1. Scope of Grievance Procedure
2. Right to Present Grievance; Union Representation
3. Procedure for Handling Grievances
4. Arbitration of Grievance
5. Payment While Participating in Grievance and
Arbitration Procedures
6, Appeals From Promotional By -Pass
7. Suspensions by Agreement
ARTICTE XI - APPEALS FROM DISCIPLINARY ACTIONS
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TABLE OF CONTENTS (Cont'd.)
ARTICLE XII - HEALTH & WELFARE
Section 1. Labor -Management Committee
Section 2. Identification Cards
Section 3. Health Insurance and Life Premiums
Section 4. HMO Provisions
Section 5. Disability
Section 6. Sick Leave and Retirement Pool
Section 7. Toxicology Reports
ARTICLE XIII - LEGAL PROCEDURES
Section 1. Legal Defense
ARTICLE XIV - ASSOCIATION HEALTH AND BENEFIT TRUST
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Trust Creation
City Contribution
Group Health Insurance
Eligible Retirees
Administration of Trust
Trust Instrument
Indemnification
ARTICLE XV - IMPASSE PROCEDURES
PART I
PART II
ARTICLE XVI - DURATION AND CONCLUDING PROVISIONS
Section 1.
Section 2.
Section 3.
Section 4.
APPENDIX "A"
APPENDIX "B"
APPENDIX "C"
Duration
Severability
Conflict With Civil Service Statute
Copies of Agreement
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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 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, therefore, in
consideration of mutual promises and agreements contained herein, the
parties agree as follows:
1
ARTICLE I
DEFINITIONS
1. "City" means the City of Corpus Christi.
2. "Union" means the International Association of Firefighters,
Local Union 936.
3. "Employee" means any sworn, certified, full-time paid employee
who regularly serves in a professional fire fighting capacity. The Fire
Chief and all civilian, nonuniformed employees are excluded from receiving
wages or benefits as provided under this contract, and therefore are not
included within the definition of employee.
4. "Members" means any employee who is on the membership list of and
pays dues to the Union.
5. "Supervisor" means any officer with the rank of Fire Captain 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.
8. "City Manager" means the City Manager of the City of Corpus
Christi.
9. "Chapter 143" means Chapter 143 of the Local Government Code,
Vernon's Texas Codes Annotated, 1987.
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. Amendments. The Union and the City may jointly agree to
negotiate possible changes in the contract during its term. Such
negotiations shall be set at the convenience of both parties. In order for
the contract to be amended both parties must agree upon the amendment.
Amendments to the contract must be ratified by appropriate parties.
Section 3. Prevailing Rights. All rights, privileges, and working
conditions enjoyed by the employees at the present time, which are not
specifically mentioned in this agreement, shall remain in full force and
effect and shall not be diminished in any manner during the term of this
agreement, unless by amendment by mutual consent of the parties.
3
ARTICLE III
NONDISCRIMINATION
This agreement applies equally to all Firefighters of the City of
Corpus Christi, and the parties agree to apply the provisions of this
agreement to all Firefighters without discrimination because of race,
color, sex, age, religious creed, national origin or Union affiliation.
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; or encourage or
discourage membership in or support of the Union; or interface with the
administration of the Union;
(2) 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.
4
ARTICLE IV
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. For purposes of overtime calculations under
the Fair Labor Standards Act, the City shall utilize a 27 -day work cycle;
sick leave, vacation and "Kelly Days" will not be considered as time worked
for said overtime calculations.
The regular duty hours for each shift shall begin at 8:00 a.m. on the
day to be worked and shall end at 8:00 a.m. on the following day. For
employees required to work the 24 hours on and 48 hours off schedule, 12
scheduled working hours shall be counted as 1 work day for vacation or sick
leave purposes.
Any work required in holdover from a shift as a result of a late
return to the station from a fire call or ambulance call, shall be
compensable to the nearest 15 minutes. The preceding sentence shall not
apply where the holdover was a result of the employee 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 fifteen minutes the employee shall be compensated for the entire
holdover period at the overtime rate.
Section 2. Fire Prevention Work Week
The regular :,fork week for personnel assigned to fire prevention shall
be 40 hours. The City and the Union agree to initiate a four 10 -hour day
schedule beginning on July 27, 1987, for a 40 week period. It is under -
5
ARTICLE IV (Cont'd.)
stood that there may be two shifts and, in that case, individual assign-
ments for the days and shifts will be rotated every four weeks. The first
shift shall begin at 8:00 a.m. and will end at 6:30 p.m. with a 30 minute
unpaid meal period. The second shift, if it exists, will begin at 12:30
p.m. and end at 11:00 p.m. with a 30 minute unpaid meal period. At the end
of the 40 week trial, both the City and the Union will meet to discuss
continuing or reverting back to a five 8 hour day schedule. Both parties
must agree to continue the four 10 hour day schedule.
Section 3. 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 1-1/2 times the regular rate of pay will be
paid for work performed on any City holiday as per Section 6 of Article IV.
Section 4. Call-backs. Any off-duty employees who are called back to
duty or subpoenaed to give testimony in court about events arising out of
their employment shall be compensated at the rate of 1-1/2 times the
employee's regular rate of pay from the time the employee is ordered to
report to duty, and shall be paid for the actual time worked in that shift
or for as minimum of 3 hours for any one call-back incident. For the
purpose of call backs, the department shall maintain an alphabetical list
by rank of all personnel for each platoon. If the department determines
the need to call back an employee, he shall be called back to duty in the
order that names appear on the list. Once an employee has been called back
ARTICLE IV (Cant' d. )
to duty, he shall not be called again until all other employees
on the list for that rank and that platoon have had an opportunity to be
called back.
Section 5. 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 more than 2 consecutive work shifts, and any 40 -hour week
employee absent more than 3 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 6. 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.
Firefighters with less than 15 years of service shall 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
7
ARTICLE IV (Cont' d . )
service shall accrue 18 working days vacation a year which shall accrue on
the basis of 26 pay periods a year. 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 7. Personal Leave. Employees on the payroll as of January 1,
1988 shall receive 3 personal leave days with pay. Personal leave days
shall be non -cumulative and must be taken during the fiscal year received.
Use of these days shall be subject to the operating needs of the department
and the requests of the employees. For 24-hour shift employees, the 3 days
shall be equal to three 12 -hour days. For 40 -hour per week employees, the
3 days shall be equal to 24 work hours. There shall be no payment for the
accrued personal leave days if an employee terminates prior to using all of
such days.
Section 8. Working Out -of -Classification. Any Firefighter who is
assigned the duties of a higher classification for an accrued period of 2
hours or more during any shift shall be paid acting -out -of -classification
pay as follows:
Acting Firefighter II $18.00 per shift
Acting Captain 24.00 per shift
Acting District Chief 36.00 per shift
Acting Assistant Chief 48.00 per shift
8
ARTICLE IV (Cont'd.)
Firefighter II's EMT/Paramedics will not be moved from an ambulance
station to a non -ambulance station when such a move results in the denial
of working -out -of -classification pay to a Firefighter.
Section 9. 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.
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.
One belt and one buckle.
Shoes shall be at the expense of the individual Firefighter and made
available through City warehouse prices and facilities.
A clothing allowance of $50.00 per month shall be provided to each
Firefighter for the purposes of uniform cleaning and maintenance.
Section 10. 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 s- pecified in the compensation ordinance - of the City, but not less
than 24 per mile.
ARTICLE IV (Cont' d . )
Section 11. Education Incentive Pay.
(1) Employees shall be eligible for educational incentive pay at the
monthly rate of 70Q per month for each academic semester hour
satisfactorily completed provided that such hours are applicable toward a
degree in Fire Science. In no event will more than $49.70 per month be
paid without successful completion of the requirements and the receipt of
the Associate in Applied Science Degree in Fire Science; if the employee is
attending an upper level college, he may meet this requirement by filing a
copy of his certified degree plan with the Director of Human Resources,
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.
10
ARTICLE IV - (Cont'd.)
Section 12. Meals. When it appears imminent that Firefighters will
be engaged in firefighting duties at the scene of a fire or relocated to
another station 2 hours past normal mealtime, they will be fed at the
City's expense as soon as possible following the request of company
officers for such service.
Firefighters engaged in ambulance duties 2 hours past their normal
mealtime shall be provided a meal at the City's expense, for approximately
$4.00 per meal per man, provided that approval of the chief officer is
granted in advance.
Section 13. 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 14. Sick Leave and Vacation Posting. The City shall post in
each fire station an accounting of sick leave and vacation accrual on a
semi-annual basis.
Section 15.
Use of Sick Leave in the Event of Death or Serious
Illness in the Immediate Family. In the event of serious illness or death
in the immediate family of the employee, the employee shall be granted sick
leave or vacation at the request of the employee. The immediate family,
for purposes of this contract, shall be defined to include parents,
step-parents, legal guardian, spouse, mother-in-law and father-in-law,
children, brothers, sisters, grandparents, and grandchildren.
11
ARTICLE IV (Cont'd.)
In the event of a death not in the immediate family of an employee,
the employee may, upon approval of the Fire Chief, be granted time off to
attend funeral services, and such time off shall be taken as vacation
leave.
Section 16. Assignment Preference Forms.
Firefighters may submit
Station Assignment Preference Forms, provided by the City, which will be
considered by the Fire Chief in making such assignments. Factors used in
determining such assignments will include, but will not be limited to, the
needs of the Fire Department, the location of the preferred fire station,
the residence of the individual, and the employees seniority.
Section 17. Reassignment from Fire Prevention. Any employee who has
been assigned to Fire Prevention duties for a period or five consecutive
years or more shall be allowed to request reassignment to other duties as
long as a vacancy is available. The Fire Marshall is excluded from this
provision.
Section 18. Rank of Captain. It is the parties' desire to do away
with the present rank of Lieutenant. To achieve this goal, all present
Lieutenants will be promoted to the new Captain classification upon taking
and passing the promotional examination for Captain's rank.
12
ARTICLE V
WAGES
Section 1. Wages. The basic ranks within the Fire Department, as well
as the applicable job classifications and applicable monthly pay rates
shall be as follows:
SALARY SCHEDULE
Effective August 1, 1988 ($122 Across -the -Board)
Class Title Starting 6 18 30 36 48 60
J
Trainee 1,547
Firefighter 1,778 1,860 1,950 2,084
Firefighter II 2,109 2,137 2,162
Fire insp. I 2,109 2,137 2,162
Fire Lieutenant 2,242 2,298 2,349
Fire Captain 2,242 2,298 2,349 2,461 2,579 2,704
District Chief 2,833 2,967 3,108
Assistant Chief Salary range $2,966 - S4,173 per month
* * * * : * * * * *
Effective August 1, 1989 (4.5%)
Class Title Starting 6 18 30 36 48 60
Trainee 1,617
Firefighter 1,858 1,944 2,038 2,178
Firefighter II 2,204 2,233 2,259
Fire Insp. I 2,204 2,233 2,259
Fire Lieutenant 2,343 2,401 2,455
Fire Captain 2,343 2,401 2,455 2,572 2,695 2,b26
District Chief 2,960 3,101 3,248
Assistant Chief Salary range $3,099 - $4,361 per month
13
ARTICLE V - (Cont'd.)
Section 2. 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 3. Certification Pay.
In addition to his regular monthly pay, a Firefighter who is certified
by the appropriate State agency shall receive certification pay in the
amount indicated below, according to the level of his certification:
Intermediate Fire Certification -- $20 per month
Advanced Fire Certification -- $25 per month
Master's Fire Certification -- $30 per month
EMT -- $35 per month
Paramedic( not
assigned to ambulance -- $75 per month
Paramedic (assigned to
ambulance) --$125 per month
Fire Prevention Insp. -- $35 per month
Arson Investigator -- $75 per month
"E" Instructor -- $35 per month
Per month
--
"A" Instructor $75
14
ARTICLE VI
EMERGENCY MEDICAL SERVICE
Section 1. Certification Requirement. All firefighters hired after
May, 1985, must obtain a State of Texas paramedic certification within 18
months from date of employment and must maintain it for a minimum of eight
(8) years while holding the classification of Firefighter or Firefighter II
as a condition of employment. Failure to maintain said certification shall
result in termination.
Section 1A. Paramedic Certification (Additional Time) . If unsuccess-
ful at the end of the 18 month period, the employee will have an additional
12 months to obtain the paramedic certification but such efforts will be on
his own time and at his expense.
Section 2.
Service Requirement. All firefighters hired after May,
1985, may be required to serve a minimum of five (5) years in the Ambulance
Service during the eight-year period of paramedic certification requirement
set out in Section 1 above.
Section 3. Other Certification Requirements. Before becoming
eligible to take the promotional examination for the classification of
Captain, all Firefighter II' s (hired after May, 1985) must be certified
paramedics. Once promoted to the classification of Captain, said employees
must maintain the paramedic certification for a minimum of ten (10) con-
secutive years.
-� Failure to maintain said certification shall be grounds
for disciplinary action up to and including demotion or indefinite
suspension.
All Firefighters hired prior to May 1985, who have ever served as
Firefighter 11 for more than two (2) consecutive years and who have not
terminated their employment with this department at any time, will be
eligible to take the Captain promotional examination without the paramedic
certification requirement.
15
ARTICLE VI - (Cont' d . )
Section 4. Assistant EMS Director. The position of Assistant EMS
Director, although not a classification within the Bargaining Unit, shall
be filled from among the ranks of the Fire Department. The compensation
for this position shall be at a senior Captain's salary level (4th step or
higher) .
The person selected for this position, regardless of rank, shall be
paid at the above mentioned salary level and shall maintain his Civil
Service status and seniority.
The five (5) Emergency Medical Service supervisory officers shall
receive $150.00 per month paramedic certification pay in lieu of the amount
provided for in Article V, Section 3 of this agreement.
Section 5. Firefighter II Promotional Examinations., Firefighter II
promotional examinations shall be open to all Firefighters with two years
service in either the same rank or the next lower rank at any time prior to
the date of the examination. If a Firefighter had previous
terminated h i s
employment with the Department and is subsequently re-employed, the Fire-
fighter
ire-fighter must again meet the requirement of two years service in either the
same rank or the next lower rank prior to the date of the examination.
Separate exams for Firefighter II -Assigned Truck Driver and Fire-
fighter II -Assigned Emerggncy Medical Service shall be administered. A
Firefighter II --Assigned EMS shall be eligible to take the Firefighter
II -Assigned Truck Driver exam without again having to meet the eligibility
requirements. Only those Firefighters with EMT or EMT -Paramedic certifi-
cation will be eligible to take the Firefighter II -Assigned Emergency
Medical Service exam and be promoted accordingly. After 1988, only those
Firefighters with EMT -Paramedic certification will be eligible to take the
Firefighter II -Assigned Emergency Medical Service exam and be promoted
16
accordingly. The Firefighter II -Assigned Emergency Medical Service roster
shall be used for Emergency Medical Services only.
Section 6. EMT Certification. All Firefighter I's, hired after
October 1, 1973, must obtain a current EMT certification and maintain the
certification for a period of eight (8) years. The loss of EMT certifica-
tion or failure to keep certification current on the part of the employee
shall be grounds for disciplinary action, including demotion or temporary
or indefinite suspension. This requirement will not apply to Firefighter
I's hired prior to October 1, 1973, or those employees hired after May 1,
1985.
All Firefighter II -EMT' s will be required to maintain EMT certifica-
tion
erofica-
tion while assigned to EMS. The loss of EMT certification or failure to
keep certification current on the part of the employee shall be grounds for
disciplinary action, including demotion or temporary or indefinite
suspension.
i
Section 7. Reassignment of Firefighter II EMT/Paramedics. Any
Firefighter II EMT/Paramedic who is regularly assigned to EMS duties shall
be entitled to receive, but only upon his request, temporary reassignment
to Firefighter duties for as much as two pay periods in any 6 -month period;
provided however, that during any pay period that such employee is perform-
ing 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 thereof.
The scheduling of temporary reassignment shall be made at the
reasonable discretion of the management of the Fire Department.
17
ARTICLE VI - (Cont' d. )
Section 8. Voluntary Demotion of Firefighter II EMT/Paramedics.
After five years of actual ambulance service duty, which must be continu-
ous, as a Firefighter II/EMT or Paramedic hired prior to May 1985, the
employee shall be granted upon request a voluntary demotion to Firefighter
I, and will not be further required to maintain EMT certification.
Section 9. EMT Certification After Promotion. Firefighters and
Firefighter II EMT/Paramedics, hired prior to May 1985, who are promoted to
Firefighter II - Drivers will not be required to maintain their EMT
certification after promotion.
18
ARTICLE VII
UNION 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 by-laws of the Union.
B. The City agrees to deduct dues upon receipt from the Union of a
"Dues Deduction Card" voluntarily and individually authorized, signed, and
dated by each member of the Union. This authorization shall remain in full
force and effect for the term of this agreement or until terminated by
either the employee or the Union. Such "Dues Deduction Card" 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." The Union agrees to
defray the City's Administrative cost for such special assessment in the
amount of $50 per special assessment, to be invoiced by the City.
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.
19
ARTICLE VII - (Cont'd.)
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.
All negotiations shall be conducted exclusively between the designated
bargaining representatives of the City and the Union. 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 XVI, Section 1 of this
Agreement. Negotiations will be considered at impasse if said negotiations
extend beyond that term unless extended by Agreement.
Section 3. Anion Activities. The Union may schedule small committee
pertinent s to union business on Fire Department property insofar as
such meetings are not disruptive of the duties of the employees or the
efficient operation of the Fire Department, provided however, that
20
ARTICLE VII - (Cont'd.)
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 firefighter 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 three elected delegates shall each be
allowed three shifts off with pay each year of the contract terra to attend
the Union's state convention and a like number of shifts off with pay to
attend the national convention. In addition, the President of the Union
will be allowed to attend, with pay, 8 regularly scheduled Union meetings
per calendar year, not to exceed 4 hours per meeting. In addition, two
pension trustees will be allowed two shifts each with pay per calendar year
to attend the state pension seminar approved by the Fire Chief. 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 conventions, may, upon the Union's request,
be used for attendance at seminars or training sessions during each year of
the contract term.
21
ARTICLE VII - (Cont'd.)
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.
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.
22
ARTICLE VII - (Cont'd.)
Section 9. Notification of Promotion. Any employee promoted to a
higher classification shall be notified in writing within thirty days from
the date of promotion.
Section 10. Parties to Select Their Own Representatives. Both the
City and the Union shall be entitled to select persons to represent them as
members of the negotiating team, and to represent them on grievance and
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 above District Chief.
Section 11. Contract Administration. 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.
Training and informational sessions for all employees will be
conducted jointly by the City and the Union. Attendance at such training
will be mandatory and if such sessions are scheduled at the time when the
employee would otherwise be off duty, the employee shall be considered
called back on duty to attend such session.
23
ARTICLE VIII
MANAGEMENT RIGHTS
Section 1. Management Functions. The Union recognizes that the City
has statutory and Charter rights and obligations in matters relating to
municipal operations. The City and the Chief shall retain all rights and
authority to which by law they are entitled. It is understood by the
parties that every duty connected with operations enumerated in job
descriptions is not always specifically described, and the job descriptions
are simply general guideline descriptions and are not specific descriptions
of all duties which employees are required to perform. Except as provided
in this agreement, the City retains the right to operate and manage its
affairs in .all respects.
It is understood that the City has the right to establish departmental
rules of procedure; to discipline or discharge for cause; to determine work
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 may include EMS administration, communications, informational
systems, records, clerical support, and maintenance. Civilians performing
such duties are not subject to the terms of this agreement. The City will
be allowed a reasonable time to train civilians to assume these duties.
Section 2. Rules and Regulations. The city recognizes the responsi-
bility of management to reduce Standard Instructions, rules and regulations
and standing orders to writing and to maintain the same at each station in
order to achieve a uniform interpretation and application of such
directives and regulations, within the contract year.
24
ARTICLE VIII - (Cont'd.)
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 are related to their employment. 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.
Section 4. Salary of First Assistant Chief. The position of First
Assistant Fire Chief shall be compensated under the City's Managerial Pay
Plan.
25
ARTICLE IX
EMPLOYEE SELECTION AND PROMOTION
Section 1. Orientation for Firefighter II Drivers and Captains
All new Firefighter II drivers and Captains who are promoted to these ranks
shall be given a thorough orientation consisting of the responsibilities
accompanying such ranking. This orientation shall include: hydraulics,
driving laws, safety procedures, responsibilities of the job, leadership in
the fire service, and report writing (including all forms used within the
Fire Department) . The orientation shall be conducted by members of the
Training staff and shall not be part of the promotional procedure nor shall
be construed to be part of the final promotional grade. The orientation
shall be conducted prior to the assignment of the newly promoted employees
to their new positions.
Section 2. 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 and Captain to be included as part of promo-
tional 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
Chapter 143, and the grading methods and establishment of the eligibility
roster shall also be conducted entirely as provided by Chapter 143.
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
26
ARTICLE Ix - (Cont'd.)
Department involved. The Union may appoint one Union member with pay, to
observe the conduct of the performance testing and verify the accuracy of
scoring. It is agreed that the Union observer shall not participate in the
conduct of the examination or the scoring process.
Section 3. Appointment of First Assistant Fire Chief. In the event
of a vacancy in the position of First Assistant 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 4. 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 Chapter 143. All officers appointed
to the classification of Firefighter Trainee shall become immediately
eligible for participation in the Firemen's Relief and Retirement Fund as
of the original date of employment. When the employees have served the
full probationary period, they shall automatically become a full-fledged
Civil Service employee and shall have full Civil Service protection as
specified by Chapter 143 and this contract, Chapter 143 to the contrary
notwithstanding.
For promotional purposes, the effective date of the promotion
indicated on the official City document (Form 12) will be used to determine
the classification of Firefighter to meet eligibility requirements.
27
ARTICLE IX - (Cont'd.)
Section 5. Corrections to Entrance or Promotional Examination
Questions. The Civil Service Director shall have authority within 5 days of
the date of the examination to recommend to the Civil Service Commission
changes to entrance or promotional examination questions where clerical
errors in compiling the test questions have been discovered, or where a
question arises as to general accuracy. This does not restrict the
Firefighter from appealing questions to the Civil Service Commission.
Section 6. Posting and Administration of Promotional Examinations.
A listing of materials from which promotional examination questions are
taken shall be posted annually each January for examinations administered
within the*one year period beginning the following April. Such materials
shall be available at least thirty (30) days prior to the examination date.
Section 7. Administration of Entrance Examination. Entrance
examinations may be administered at any time to qualified groups or
individual applicants consistent with public posting requirements of
Chapter 143. 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 S. Promotional Procedures for Ranks of District Chief and
Assistant Chief. The classifications of District Chief and Assistant
Chief shall be filled by a promotional examination procedure consisting of
two parts as follows:
28
ARTICLE IX - (Cont' d . )
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 Depart-
ment 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) A personnel selection professional appointed by the Director
of Human Resources.
(2) The Assessment Center Examination date will be posted on the same
day the written test announcement is posted. A brief explanation of
the 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
29
ARTICLE IX - (Cont' d. )
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, one of which shall be a structured interview:
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 one candidate to another, but questions exploring answers
offered by a candidate may be asked if the assessors feel they need an
answer clarified or explained. All five assessors shall grade this
exercise.
(3) Feedback shall be provided to each candidate in a "feedback"
session by the assessment center coordinators. The purpose of this
session will be to provide each candidate with his score, what areas
he excelled in, what areas he did poorly in, and what he might do to
improve his performance in the future. The results of the oral board
examination shall be binding for one year and, with the exception of
fraud, shall not be appealable to the Civil Service Commission or to
arbitration.
C. Eligibility Lists. Within 48 hours of the completion, excluding
weekends and holidays, of the assessment center process, an eligibility
list shall be prepared and posted. The posting of the results for the
30
ARTICLE IX - (Cont'd.)
written part of the promotional examination shall contain the names of the
top ten scoring applicants in alphabetical order only. Individual scores
will be given to the employees but will not be posted. Upon the conclusion
of the entire assessment center process, an eligibility list shall be
prepared and posted with the respective ranking of all applicants based on
the following weights:
(1) Written examination scores - 40%
(2) Assessment Center Board examination score - 60%
100%
One point for each year of service in the
department up to a maximum of ten points - 10 points
110 points
Such eligibility list shall be valid for a period of 12 continuous
months from the date of final posting or until the list is exhausted.
SectionRulings and Records of Civil Service Commission. Ali
f .
rules, opinions, directives, decisions, and orders issued by the Civil
Service Commission shall be preserved in written minutes. Such actions
need not be copied verbatim in the minutes; it shall be sufficient to
accurately summarize such actions. The Chairman or, in his absence, the
Vice -Chairman of the Commission shall sign the minutes; the signatures of
the concurring members on any action shall not be required. The Commission
may, if it desires, cause any rules, decisions, directives, or orders to be
reduced to writing, apart from the minutes. All such written records of
the Commission shall be public records.
31
ARTICLE X
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 Chapter 143.
Section 2. Right to Present Grievance; Union Representation. Any
employee, with or without the assistance of the Union, may present a
grievance to the City on a form provided by the City and such grievance
will be processed in accordance with the grievance procedure outlined
herein. Any employee may, if he chooses, seek Union support for a
potential grievance but shall not be required to do so. If the Union
chooses to support the grievance, it shall proceed and so inform the
employee. If the Union chooses not to support the grievance, the employee
may proceed without Union representation.
When requested by the employee and agreed to by the Union, the Union
may represent and act for the aggrieved employee at all levels of the
grievance procedure, provided that in any case where the employee chooses,
the Union may not represent the aggrieved employee nor be present at any
level of the grievance procedure.
Class Action Grievances. Grievances affecting 2 or more members of
the bargaining unit shall be filed at Step 3 of the grievance procedure.
Section 3. Procedure for Handling Grievances.
Step 1. Within 10 days of the incident giving rise to the grievance,
or if the employee is unaware of the incident at such time, then within 10
days the employee becomes aware of its occurrence, the employee shall file
a written grievance with his immediate supervisor and orally discuss the
32
ARTICLE X - (Cont'd.)
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 receipt of the
grievance. Every effort shall be made by the employee and the immediate
supervisor to resolve the grievance at this level. The written grievance
shall be filed in the grievance form attached hereto as Exhibit A and shall
contain the following information:
(1) A statement of the grievance and the facts upon which it is
based;
(2) Shall point out the provisions of the agreement considered
applicable or alleged to have been violated, if any;
(3) Shall state the remedy or adjustment sought; and
(4) Shall be signed by the aggrieved employee.
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 6 calendar days, or two shifts, following the previous
supervisor's written response. Every effort shall be made to resolve the
grievance at this level.
The next immediate supervisor shall meet with the employee, discuss
the grievance, and shall respond in writing within 6 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;
33
ARTICLE X - (Cont' d . )
(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 6 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 6
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 within 3 calendar days to the City
Manager or his designee who shall meet with the employee to discuss the
grievance and shall make a response within 15 calendar days following the
employee's rejection of the decision at Step 3.
Section 4. Arbitration 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
34
ARTICLE X - (Cont'd.)
deemed an action or omission pertaining to the rights, duties, and obliga-
tions 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.
(1) Expedited or Conventional Arbitration:
Upon agreement between the City and the Union, such arbitra-
tion shall be conducted according to the expedited labor arbitration rules
of the American Arbitration Association (AAA). In absence of such an
agreement, the arbitration shall be conducted according to the conventional
Voluntary Labor Arbitration Rules of the AAA. 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.
35
ARTICLE X - (Cont' d. )
(3) Various Rules Applicable to Arbitration Proceedings:
(
) The hearing on the arbitration shall be informal and
the strict rules of evidence or pleadings shall not apply. The arbitrator
shall not have the power to add to, subtract from, or modify the applicable
provisions of this agreement in arriving at a decision on the issue or
issues presented but shall confine his decision to the interpretation,
application or enforcement of this agreement as applicable to the facts and
circumstances presented. The arbitrator shall confine himself to the
issues submitted for arbitration, and shall have no authority to determine
any issue not submitted to him. The 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, Section 14.
(b) The parties, during arbitration hearings, shays 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
36
ARTICLE X - (Cont'd.)
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.
(c) It is hereby agreed that 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.
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 Promotional Bypass. An employee who is
bypassed for promotion pursuant to Chapter 143, Section 143.036, 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 Director of Human Resources. Said appeal shall be decided by one
arbitrator chosen in accordance with paragraph 8 of Article XI. The City
and the employee shall share equally the arbitration fees and expenses,
37
ARTICLE X - (Cont' d . )
except where the Association represents the employee it shall pay his
share. With respect to promotional bypass, the employee shall have such
right to appeal the arbitrator's decision to district court as he is given
in Chapter 143 to appeal the Commission's decision, and no greater right.
Section 7. 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 15 nor more than 30 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.
38
ARTICLE XI
APPEALS FROM DISCIPLINARY ACTIONS
Appeals by an employee from a demotion, temporary suspension, or
indefinite suspension under Chapter 143 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,
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.
39
ARTICLE XI (Cont`d.)
A copy of such statement, along with a copy of the notice of
contemplated disciplinary action, shall be promptly filed with the Director
of Human Resources of the City.
The written statement shall point out the particular rule 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 Director of Human Resources. 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 Director shall act
immediately to notify the Association and the Chief of the appeal to
arbitration. The employee and the City (the parties) shall attempt to
Mutually agree on an arbitrator. If the parties fail to agree on an
arbitrator within ten days after the appeal is filed, the Director shall
immediately request a list of seven (7) qualified neutrals from the
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
40
ARTICLE XI (Cont' d. )
if the parties cannot agree upon a substitute within one day of so learn-
ing, 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 conventional arbitration hearings. Post
hearing briefs shall only be permitted in conventional arbitration hear-
ings, 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
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 discipline imposed is upheld, or whether some
lesser discipline is substituted. An employee shall be entitled to recover
backpay for any part of a suspension not upheld by the arbitrator.
41
ARTICLE XI (Cont'd.)
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 Director
of Human Resources shall issue subpoenas requested by the parties
in the name of the arbitrator. A party may apply to the
arbitrator to quash a subpoena so issued.
(3) In all hearings under this section, the burden of proof shall be
upon the City.
(4) The parties, in writing, may request discovery from each other
concerning the case. Should the other party not agree to provide
the requested information within three days of the request, the
request shall be deemed denied. The requesting party may then
apply to the arbitrator, 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.
42
ARTICLE XI (Cont ' d . )
(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.
The Arbitrator shall have all powers vested in the Commission under
Chapter 143, 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 Chapter 143, under Commission
Rules, or under this contract, shall be filed with the Director of Human
Resources 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 Chapter 143 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 Chapter 143, Civil Service
Commission Rules, and American Arbitration Association Rules; and
Chapter 143 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.
43
ARTICLE XI (Cont'd.)
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
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.
44
ARTICLE XII
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 or the City 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 quarterly or at
the call of either the Union members or the City members at times mutually
agreeable to both parties.
Section 2. Identification Cards. The City shall furnish all Fire-
fighters identification cards bearing the member's name, photograph, rank,
employee number, and containing a space for the signature of the member.
Section 3. Health Insurance and Life Premiums. The City shall pay
the employee premium on group health and life insurance with employees
sharing in that expense at the following rates for the respective health
plans: CitiCare - $2.00 per month; Plan II - $1.00 per month; Coastal Bend
Health Plan - $16.33 per month; or Humana Health Plan - $13.97 per month.
The City agrees to pay dependent coverage in the amount of 50 percent of
the employee's premium cost for the City's self-funded health plans.
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
45
ARTICLE XII (Cont'd.)
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 eligi-
ble 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.
Effective December 1, 1987, the City agrees to contribute the amount of
$15.00 per month per employee toward a supplemental insurance program.
Section 4. HMO Provisions. If the City of Corpus Christi offers the
health care provisions of an HMO to Firefighters and-their legal depen-
dents, the City of Corpus Christi will agree to pay no less than currently
provided toward the cost of such plan.
Firefighters who elect to participate in the HMO Coverage program
shall be required to pay any additional cost for this coverage above the
present City plan contribution.
46
ARTICLE XII (Cont' d . )
Section 5. 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 143.073,
Chapter 143 for injuries or illnesses occurring in the course of
employment.
The use of accrued sick leave may be granted to any Firefighter at the
discretion of the Chief for job-related illnesses or injuries after injury
leave has been exhausted. For purposes of line of duty illness or injury
leave, "line of duty illness" shall be defined as an illness which has been
directly and substantially caused by the duties of the position. Provided,
however, that this definition applies only to a line of duty illness under
Section 143.073, Chapter 143, 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 Chapter 143, Section 143.073, all accumu-
47
ARTICLE XII (Cont'd.)
lated 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 deter-
mining 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.
Prior to taking formal action on the above determination, the Chief will
inform the Pension Board, in writing of his intentions. 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 years of the termination
date for disability by the Chief, be eligible for reappointment at the same
rank upon certification by the City Physician that he or she has recovered
and physically is able to perform full duties.
Section 6. Sick Leave and Retirement Pool.
A.Each Firefighter shall accumulate fifteen (15) days of sick leave
with pay per year. Effective January 1, 1988, the Sick Leave & Retirement
Pool will have a maximum balance of 2,000 days. Quarterly accounting will
be maintained to provide a current balance of such days. Days used in
accordance with provisions outlined below will be deducted from the pool
48
ARTICLE XII (Cont'd.)
until it reaches a minimum of 500 days, at which time two (2) sick leave
days per Firefighter per year will be transferred from his individual
account into the pool until the pool reaches its 2,000 -day limit.
The Pool shall be used to compensate firefighters who retire, during
the term of this contract, other than on disability retirement, with more
than ninety (90) 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 (90) days.
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 following amounts, according to the employee's time
in service:
( 1) Less than 4 full years of service: zero days.
(2) 4 full years of service: not more than 30 days.
(3) 5 full years of service: not more than 40 days.
(4) 6 full years of service: not more than 50 days.
(5) 7 full years of service: not more than 60 days.
(6) 8 full years of service: not more than 70 days.
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of service: not more than 90 days.
(9) 20 or more full years of service: not more than 150 days.
(10) 25 or more full years of service: not more than 180 days.
Section 7. Toxicology Reports - The City shall pay for the cost of
toxicology reports in instances where a Firefighter dies as a result of an
on-the-job injury or upon request by the employee's family where recent
exposure to excessive smoke or toxic fume inhalation is suspected as a
contributing cause _of death.
49
ARTICLE XIII
LEGAL PROCEDURES
Section 1. Legal Defense. The City will provide a legal defense to
any Firefighter in a civil lawsuit, on account of any action taken by such
Firefighter while acting within the course and scope of the Firefighter's
employment for the City of Corpus Christi. The City will also provide
legal defense for a Firefighter when he or she receives a traffic citation
as a result of being involved in a traffic accident while making an
emergency run to the scene of a fire or an emergency while acting in the
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 la.•r 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 which will be communicated to the employee in
writing. The City shall provide such legal defense through an attorney not
connected with the prosecution of such case.
(1) The Firefighter shall notify the Fire Chief of any claim being
made against such Firefighter not later than ten (10) 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 within 24 hours of receipt.
50
ARTICLE XIII (Cont'd.)
(3) Such Firefighter shall cooperate with the City and, upon the
City's request, shall assist in making settlements, and the conduct of
suits, and in enforcing any rights of contribution or indemnity against any
person or organization who may be liable for all or part of such damages,
and shall attend all hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses.
51
ARTICLE XIV
ASSOCIATION HEALTH AND BENEFIT TRUST
Section 1. Trust Creation. On or before November 1, 1989, the
Association shall create the Corpus Christi Firefighters' Association
Health and Benefit Trust. The purpose of the Trust shall be to carry out
the provisions of this Article XIV.
Section 2. City Contribution. On January 1, 1990, the City shall make
a single payment of $24,802.00 to the Trust. On August 1, 1990 and on
August 1st of each year thereafter, the City shall make a single payment of
$24,802.00 to the Trust.
Section 3. Group Health insurance. Effective January 1, 1990, the
Trust shall provide monthly payments to the City to partially offset the
cost of providing group health insurance coverage for each eligible
retiree. All such payments shall be made in accordance with the provisions
of the Trust Instrument establishing the Trust. The City's cost of
providing such insurance coverage shall include its reasonable administra-
tive costs in administering this Article.
4. Eligible Retirees . The terms "retiree", "retirees" and
Section
eligible retiree" as used in this Article mean any member of the bargaining
unit who retires from the department on or after January 1, 1990, and who
is then qualified for service or disability retirement under the Corpus
Christi Firemen's Relief and Retirement Fund.
Section 5. Administration of Trust. The Trust shall be administered
and all monies held in accordance with applicable state and federal law.
None of such monies shall be co -mingled with Association funds. It is
intended that the existence of the Trust shall survive the expiration of
this contract and the existence of the Association. Each year, within 60
days after the end of the Trust's fiscal year, the Trust shall provide the
52
ARTICLE XIV (Cont' d . )
City an accounting or report of the Trust's financial activities for the
preceding fiscal year.
Section 6. Trust Instrument. The instrument creating the Trust, upon
execution by the Association and approval by the City, shall become a part
of this Agreement to the same extent as if it were recited in full in this
Agreement. Any terms and provisions of such instrument which relate to
obligations set out in this Agreement may be amended only in accordance
with Article XIV.
Section 7. Indemnification. The Association shall defend, indemnify
and hold the City harmless from any and all claims, legal actions,
liability, damages, and expense brought by any parties in connection with
or arising out of the operation or administration of the Trust.
53
ARTICLE XV
IMPASSE PROCEDURES
PART I
Negotiations for a new contract shall commence in accordance with
Article 5154c-1 and Article VII, 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 f actf inding , 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
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, then 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
54
ARTICLE XV (Cont' d. )
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. 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 in
the form of a proposal and an alternative to it, the Factfinder's decision
with respect to that issue rust 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
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,
55
ARTICLE XV (Cont'd.)
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 impasse.
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
be void and ineffective.
Additionally, the Union withdraws its support of any proposed Charter
amendment that would provide 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, 1963, calling
for an election on such a proposed Charter amendment on compulsory binding
arbitration;
56
ARTICLE XIV - (Cont' d . )
(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
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.
57
ARTICLE XVI
DURATION AND CONCLUDING PROVISIONS
Section 1. Duration. This agreement shall be effective as of date of
signing and shall remain in full force and effect until July 31, 1990 and
thereafter until superseded by a new contract.
Section 2. Severability. 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.
Section 3 . Conflict With Civil Service Statute. To the extent that
any of the provisions of the agreement conflict with Chapter 143 or any
other State Civil Service Statute, the provisions of the agreement shall
control and the applicability of such statutes are altered accordingly.
Section 4. Copies of Agreement. The City shall provide sufficient
copies of this agreement, without alteration, so that every employee
covered herein shall have a copy. The City shall be responsible for the
distribution of the copies of this agreement to members of the bargaining
unit.
58
ARTICLE XVI (Cont' d. )
CONCLUDING PROVISION
IN WITNESS WHEREOF, we have executed this agreement this 9th day of
May, 1989.
CITY OF CORPUS CHRISTI
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL UNION #936
Juan Garza, City Manager John R. Tanguma, President
Cynthia C. Garcia
Director of Human Resources
Mike Werbiski, Chief Negotiator
Negotiating Team Members: Negotiating Team Members:
ATTEST:
Armando Chapa, City Secretary
APPROVED:_
9th day of May, 1989
Hal George, Jr., City Attorney
59
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last)
( First)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct, each pay
period, the sum of $ as certified by the International
Association of Firefighters, Local Union No. 936, as the current rate of
dues or an amount as may hereafter be established by the International
Association of Firefighters, Local Union No. 936 as dues. This deduction
is to be forwarded directly to the International Association of Fire-
fighters, Local Union No. 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
60
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Assessment Title
Code Payroll No. Employee No. Code No.
Name
Social
Security No.
(Last)
Address
(First) (M. I . )
Zip
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 No. 936, for the express 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
a
Date
61
APPENDIX "C"
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last)
( First) (M. I . )
Address Zip Code
I hereby terminate the authorization previously executed by me on
(date) for dues deduction for the Interna-
tional Association of Firefighters, Local Union No. 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
62
Corpus Christi, Texas
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,
Council Members
The above ordinance
Betty N. Turner
David Be rl anga , Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
99.045.01
Respectfully,
THE CITY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
d,z_F
aou
(b)L,
)(9
aip
at,v
20670