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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 Page 1 2 3 3 3 3 4 5 5 5 6 6 7 7 8 8 9 9 10 11 11 11 11 12 12 12 13 13 14 14 15 15 15 15 15 16 16 17 17 18 18 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 Page 19 19 20 20 21 22 22 22 22 23 23 23 24 24 24 25 25 26 26 26 27 27 28 28 28 28 31 32 32 32 32 34 37 37 38 39 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 Page 45 45 45 45 46 47 48 49 50 50 52 52 52 52 53 53 53 53 54 54 56 58 58 58 58 58 60 61 62 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