HomeMy WebLinkAboutC2005-330 - 6/14/2005 - Approved AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' ~IATION
AUGUST 1,2003 THROUGH JULY 31,2005
06/14/05
M2005-190
AGREEMENT BETWEE~I THE CR'Y OF COF~LJS CHRISTI
AND
THE CORPUS CHRJS'I'I F1RE]=IGHT'ER~ A,B.SOC~TK~
(Aught ~, 20~ through Ju~y 3~, 200~)
ArUde IV - Worldn~ CondlUorm
Work W~ek m1¢1 Duty ~ ..................
2 Fire I:h'everFdon ~ Tmln¥~ Dtvt~on
Work Week ......................................
6 I.'~lday~ and V___~"~,Uon ........................
Perm:x'~ Leave .................................
8 Ll~lforrrm ...............................................
9 Mlkm0e ~ ................................
11. I:~llef .....................................................
F~y .................................................
13. A~ ~,,~:~..'~,~ Fon'r~ ...............
14. F~ ~i,..,,,.,tfromFIrePreventlon .......
~5. s~n M.~mmnt ~ Seni~y .............
ktk:~ V - W.ee.
4.. Reel~;~..orlt (X ~ fl
5. vMJ~y DemoUm ~ Rm~ht~ II
ArUc~
1.
2.
3.
4.
5.
6.
?.
8.
g.
10.
11.
12.
~ Union Fur~k~r~ ............................
City Fectlti~ ...........................................
F~)p,-~we d UvM .......................................
3. Ncnb ~ ~ ~nc4 w~ Pem~ U~II .......
5. Proi:nalk)ma7 Pertod for New
6. ~ to Entnm(~ or PmmoUm~
3 Proc~(:kJ~ for I.-Im'MIIng (3rter, mr',~em ........
4 ,~rbWamm o~ Grlevm~ ..........................
5. F:'~A'ne~whleF', Uck,mU,,oln~
ArUde XI - Appeel~ From I:Xacipllnary
Cor~u~'~ ~ .........................................
PREAMBLE
The following agreement is made by and between the City of Corpua ChristJ, Texas,
hereafter referred to as 'the City', and the International Ammciatkm of Flreflghters, 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 condi'dons of employment Is
a pnmery purpose of this agreement as we{I as the promotion of harmonious relationships
between the City and the Union. This agreement has been negotiated through the
collective bargaining process with the objective of serving the a;'ommenfioned purpose and
with the f~rther object of fostering effective cooperation betwccn the City and its
Firefighters. Now, therefore, in consideration of mutual promises and agreements
(-~3ntained herein, the parties agree as follows:
ARTICLE I
DEFINmONS
-City' means the City of Corpus Chdsti.
2 'Union' means the International Association of Flrefighters, Local Union 936.
'Employee' means any swom, certified, full-time paid employee who regularly
serves In a profassional fire fighting capacity. The Fire Chief and all civ#ian non-
uniformed employees am excluded f~um receiving wages or bene~bs as provided
under this contract, and therefore am not included within the definition of employee.
'Members" means any employee who is on the membemhlp list of and pays dues to
the Union.
5 'Supervisor" means any officer with the rank of Fire Cap'uain or above.
'Civil Service Commission" means the Civil Service Commission of the City of
Corpus ChdstJ.
'Chief of the Depa~b,e~t' means the Fire Chief of the City of Corpus Christi.
8 -City Manager' means the City Manager of the City of Corpus Chdsti.
'Chapter 143' means Chapter 143 of t~e Local Government Code, Vernon's Texas
Codes Anrx)tated, 1987. Article 5154c-1 shall mean 'Chapter 174 Fire and Police
Employee Relations" of the Vemon's Texas Codes Annotated, Local Government
Code. Chapter 174.
~0. 'Flrefighter Tminea' means an Individual employed by ffm Fire Defle~b,,ent who Is
attending the Fire Academy and who has not graduated.
"2
!4
15.
'Fire academy' means all training necessary to prepare and ce~fy flreflghter
trainees for employment as a flrefighter, to include State fl~u~'rghter certification, and
~nlfial State EMT, and Paramedic ceflJrrcation.
"Certified EMT" (Emergency Medical Technician) means a firefighter who has a
current certifmafion as an Emergency Medical Technician from the appmprtate State
agency, and who maintains a current authorization to function as a mecllcal care
provider by the Corpus Christi Fire Department's Medical Director.
"EMT Certification' consists of a current certification as an Emergency Medical
Technician fi'om the appropriate State agency, and a current authorization to
function as a medical cam provider by t~e Corpus Christi Fire Department's Medical
Director.
'CeflJ~ied Paramedic' means a firefighter who has a current cern as an
Emergency Medical Technician-Paramedic, or a current license as a Licensed
Paramedic, from the appropriate State agency and who maintains a current
authorization to function as a medical care provider by the Corpus Christi Fire
Department's Medical Director.
'Paramedic CerlJficatJoe' consists of a current certification as an Emergency Medical
Technician-Paramedic, or a current license as a Licensed Paremedlc, from the
appropriate State agency and a current authorization to function as a medk:al care
provider by the Corpus Chdsti Fire Deparln~enfs Medical Dire~ur.
"Probationary Period" shall be 18 months from the date of him, unless a flreflghter Is
unable to obtain initial paramedic cern wiLhin twelve months [rum the date c~
hire. If a fireflghter fails to obtain paramedic certification within twelve monks of da~e
of him, probation shall extend from date of hire until six (6) montfm after obtaining
initial paramedic ce~[irlcation. Failure to obtain initial cerLlflcation wiU~ln eighteen (18)
mont~s from the date of hire shall result in termination as par Article IX Section 5.
ARTIC~ ~= II
RECOGNmON AND GENERAL PROVISIONS
~tlon 1. Rec~nnltlons.
]'he City recognizes the Union as the exclusive bargaining agent for a bargaining unit
consisting of each swom, ce~irk~d Fire~ghter in the Fire Depafb.ent of the City of Corpus
Chnstl
It is undef~k3od that this bargaining unit does not include the Chief of the Depa~b.ent
and does not include civilian non-uniformed personnel.
~t is undemto(x:l that this bargaining unit does not include Fi~e~'Ghter bainees enrolled In
the Fire academy, but that such persons become members of the bargaining unit at the
t~me they graduate from the Fire academy.
Section 2. Amendments.
The Union and the City may jointly agree to negotiate posslbte changes In the contract
dunng its term. Such negotiations shall be set at the convenience of both parties. In order
for the conb'act to be amended both per'des must agree upon IJ'm amendment.
Amendments to the corrbact must be [uEfied by appropriate parl~es.
~lectlon 3. Prevalllnn Rloht~.
AJl nghts, privileges, and working conditions enjoyed by the empioyeea at the present
bme. which am not specifically mentioned In this agreement, shall remain In full fome and
effect and shall not be diminished in any manner dudng the term of this agreement, unless
by amendment by mutual consent of the parties.
Section 4. Rullrm~ ~ ~ of Civil Service Commi~lon.
All rules, opinions, directives, decisi(ms, and ordem issued by the Civil Service
Commission shall be preserved in w, il/un minutes. Such actions need not be copied
verbatim in the minutes; it shall be suff'mient 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, dire(aves, or orders b3 be
reduced to writing, apart from the minutes. AJI such wdt[en records of the Commission
shall be public records. The City will notify the Union of any Items on rite ~ Service
Commission's agenda that may affect Firerglh~s and/or the Fire Service.
ARTICLE III
NONDISCRIMINATION
This agreement applies equally to all Flreflghters of the City of Corpus Christi, and the
par~ies agree to apply the provisions of this agreement to all Firefighters without
d~scnmination because of race, color, sex, age, religious cr'..cd, national origin or Union
al'l;liation
Specifically, the City will not:
· 1 ) Interfere with, mstnain, or coerce ernp~oyees in the exercise of their dght to organize
and bargain collectively as provided by law, or in the exercise of rights I:m3vided by
Ihis agreement; or encourage or discourage membership in or support of the Union;
~r interfere with the adminl,,bulJon of the Union;
(2) Discharge or otherwise discriminate against any employee In regard to tenure of
employment or any term or condition of employment en account of membership In
or support of the Union, or on account of any lawful Union activity.
Specifically, the Union will not:
Interfere wi[ii, restrain or coerce employees in the exercise of their right to organize
and bargain collectively as provided by law, or in the exemiea of rights provided by
this agn)ement;
(2)Cause or attempt to cause any emp~oyea to discriminate against any other
employee because of the employee's membership or nofl-rnembershlp In any
employee organization, or in any manner prohibited by this agreement.
ARTICI ~= IV
WORKING CONDITIONS
Section 1. Work Week and Dut~ Houm.
The regular work shift for fi. re fighting personnel assigned to fire suppression or
emergency medical services duties shall be based upon a schedule of twenty four
(24) hours on and forty eight (48) hours off for a yearly average of fifty four (54)
hours per week. For purposes of overtime calculations under the Fair Labor
Standards ^_~ the City shall utilize a twenty seven (27) day work cycle; sick leave,
vacation and 'Kelly Days" will not be considered es time worked for said overtime
calculations.
The regular duty houm for each shift shall begin at 8:00 a.m. on the day to be
worked and shall end et 8:00 a.m. on the following day. For employees required to
work the twenty four (24) hours on and forty eight (48) hours off schedule, twek, e
(12) scheduled workJng hours shall be counted as one (1) work day for vacation or
sick leave purposes
Any work required in holdover from a shift as a result of a late retum to the station
from a fire call or ambulance call, shall be compensable to the nearest I~rteen (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 fi~u~en (15) minutes the employee shall be compensated
for the entire holdover pedod at the overtime rate.
If an employcc is absent [fum work for a full calendar quarter, as a rasult of an
on-duty injury, the employee will accrue no 'Kelly Days' a[Eibutable to that calendar
quarter.
The fireflghters understand and agree that the City compensates them In full for all
their regularly scheduled houm. Firefighters assigned to tim suppression or
emergency medical services receive straight time monetary compensa§on to work
two hundred sixteen (216) hours in each twenty seve~ (27) day work period.
Sectl~m 2. Fire Prevention and Tralnlnn Dl~t~l~n Wc~'k Week.
A. The regular work week for personnel assigned to ~ Fire Prevention or Training
Division shall be forty (40) houm per week. The regular weeldy schedule w~l be
four (4) ten (10) hour shifts per week. If the st~ng level in the Fire Proven'don
Division falls to 50% or less of the required level for that activity, the Fire Chief, at
his discretion, may alter the regular weekly schedule of the employees assigned to
that activity. In the Training Division, the Fire Chief, at his discretion, may alter the
regular weekly schedule at any time. A four (4) ten (10) hour day weekly schedule
will begin at 8:00 a.m. end will end at 6:30 p.m. with a thirty (30) minute unpaid meal
period.
B
Employees assigned to the Fire Prevention or Training Division may elect, once
each year and with the approval of the Fire Chief, to work a weekly schedule of five
(5) eight (8) hour shlfl~. This election will continue in effect for a year, subject to
alteration by the Fire Chief as provided in paragraph A above.
C. Employees who work a weekly schedule of four (4) ten (10) hour shi;'m will accrue
and use, on an annual basis, three (3) ten (10) hour personal leave days, as
provided in Article IV, Section 7, and asve~ (7) ten (10) hour holidays. If the
employee does not work a weeldy schedule of four (4) t~m (10) hour shifts for an
entire year, the personal leave and holiday hours accrued for that year shall be
prorated accordingly.
All employees shall be peid for authortzed overUme work at the rate of 1-1/2 Umes the
regular rate
'Regular rote" and 'regular rate of pay' after the date of execution of this agreement
moans base pay, longevity, educe'don incentive, assignmont and cerlfrmatk3n pay only.
Such rate for positions with scheduled work weeks other than forty (40) hours shall be
computed on the basis of 173.33 hours per month for payment of cycle pay and holiday
pay. Ail other overtime will be computed on the basis of one hundred and ninety five (195)
hours per month. Overtime will be computed only for actual hours worked over the
scheduled work week. Compensatory timo off equal to the actual hours of overtime may
be taken in lieu of overtime pay upon the mutual egreement of the depafb,ent head and
the employee. OverlJme shall be computed to the nearest quarter hour. The conceptual
formula for the payment herein for overtime work after the date of execution of this
egmcment ~s set forth In Appendix D.
Overtime at the rate of 1-1/2 tJmes the regular rate of pay w~l be paid for work
performed on any City holiday as per Section 6 of ArlJcle IV.
Any off-duty Fireflghters who am celled back to duty or subpoenaed to give testimony
in court about events adsing out of their employment shall be compensa~¢l at the rate of
1-1/2 times ~ Firefighter's regular ~a[e of pay from the timo the Fimflghter is ordered to
report to duty, and shall be paid for the actual timo worked In that shift or for a minimum of
three (3) hours for any one (1) call-back incident.
Comoliance Provision.
The par'des egmo and understand that the agreement of the parties to uae 173.33
hours per too. U, for cycle and holiday overtimo pay and one hundred and ninety-five (195)
hours per month fo~ all other overtime pay does not constitute the straight timo or regular
rate for regularly scheduled hours of work for purposes of this agreement.
It is also agreed and understood that to the extent that the City's current or past payn:dl
practice is inconsistent or conflicts with the provisions of the Texas Local Govemment
Code Section 142.0015 and 142.0016, the provisions of this conbuct or past co~,[~uct shall
control
It is agr",..cd by the parlJes that should any overtimo liability result under ~ terms of this
cordnact, ~-~e law, or the Fair Labor Standards Act that the City is e[];;;;ed to use any exbu
overtimo premium paid resulting from using overtlrne rotes baeed on the 173.33 or one
hundred and ninety-five (195) hours per month which exceed the overtJmo premium due
calculated for twenty four (24) hour shift employees on the basis of two hundred and
sixteen (216) hours worked In a twenty seven (27) day work period to offset such liability,
where allowable by applicable law.
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,t ,s further agreed and unders~od that to the extent that the ~s of de~erminlng
shaight time and overflrrm pay listed in this agreement am Inccmsl~nt or conflict w~ tyro
provisions of the Texas Local Government Code Section 142.0015, the prov~sions of this
agreement shall co~troi. Should any court rule or hold that the City is not e,.[iiJed to the full
~..red,t pq3vided heroin, the City or the Association may reopen negotiations during the term
c~f th,s contract b3 address any issue necessary as a result of such ruling, and the duty of
each party to bargain under Texas Local Government Code Chapter 174 shall apply.
Section 4. Call-batik.
The part,es have agreed that the provisions of the current agreed Call back procedure,
Corpus Chns'd Fire Department SOP, 101.09, shall remain in effect during the term of this
agreement, until superceded by a new agreement, or upon agreement of the Association,
and shall prevail and control over the provisions of this section, to the extent of any
inconsistency with this section. The cell-back provisions in this section are only applicable
in sltuaficms where Firefighters are called back to duty to fulfill daily staffing levels of the
stations and equipment, or for fire and medical emergencies. For the purpose of call backs
of Firefigh~ers assigned to twenty four (24) hour shifts, the depa~b.ent shall maintain one
(1) call-back list for each twenty four (24) hour shift composed of ell ranks _exc~__pt
Assistant Chie;'u. To be considered for daily staffing call-beck, a Flreflghter must have
been on duty for a complete twenty four (24) hour shif immediately preceding the call-
back. Firefighters will be called back in numerical ord~ Eom the first posltJon cm the call-
back list to the last position on the call-back list. Once an employee has been called back
to duty, she/he shell be Ha(ed in the last numerical position on the call-back list.
Firefrghtera who am on approved leave will not be considered for cellbadc Flreflghters
who are on sick leave will not be eligible for callbacks until reportJng back to full duty.
A F~refighter re-assigned to another shift shall be added to the call-back list for that shift
and placed in the same numerical position held on the call-back list b~.'ure the
reassignment. In the event that more than one such Flreflghter is reassigned with the
same numerical position on the call-back list, placement shall be by lot. A probationary
Firefighter who has graduated hum the Fire Academy will be placed at the boldgm~ of the
call-back list for his or her assigned shift, provided that placement order at lyre 13otkxn of
the list shall be dete..ined by lot.
For cell-backs that require staffing by specific rank, cartlflcetlon, or quallflcatJcms, o~ly
Firefighters on the call-back list who possess the needed rank, certh3cation, or
qualifications shall be eligible for the cell-back. Fifu['~gh~ers will not be called back to
perform at a lower rank.
~n an emergency, which shall be any unexpected happening or event or unforeseen
situa'don or crisis that calls for Immediate action, the Chief may bypass ernpk3yees I'fom Itm
their standing on the roster for other scheduled call-backs. If the Chief or his designee
inadvertently by-passes an employee in an emergency situation, the empk3yee shall retain
his/her standing on the roster until he/she is utilr[zed. The Chief shall call the emflk3yee,
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who rs by-passed, to work within a forty five (45) day period.
Any employee inadvertently by-passed in an emergency situation shall within a forty
five (45) day period be assigned overtime duty either of an emergency or non-emergency
?.]t~;;~. for ~ time period of no less nan the amount of time he/she would have worked if
he/she had '~ot been bypassed.
An updated call-back list will be provided to the Fimfighter's Association on a weekly
bas~s.
Section 5. Illness.
~n 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 two (2) consecutive work shifts, and any
forty (40) hour week employee absent mom than three (3) consecutive calendar days,
shall be required to fumish 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
hrs judgment, he deems it appropriate for a just cause.
Section 6. Hollclav~ and Vacation.
A. Holidays. 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. Firefightem shall have the same number
of holidays, or days in lieu thereof, that am granted to other municipal employees. The
current practice of adding holidays to vacation time shall be retalnad.
Vacation
F~reflghters with less Wan fifteen (15) years of servjc~ shall be e,,[i[ied fifteen (15)
working days vacation a year which shall accrue on the basis of twenty slx (26)
bn~eeldy pay periods per year. Firefighters with fifteen (15) years to twenty nine (29)
years of continuous service shall accrue eighteen (18) worldng days vacation a year,
which shall accrue on the basis of twenty six (26) pay periods a year. Fireflghtem
thirty (30) years of continuous service or mom shall accrue twenty one (21) worldng
days of vacation a year which will accrue on the basis of twenty Nx (26) biweekly pay
periods a year. For twenty four (24) hour shift flmfightem, twelve (12) scheduled
working hours shall be counted as one (1) working day for dete,,,,Inlng the accrual of
vacatl(m leave. For those flreflghters scheduled to work forty (40) hours a week,
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regardless of whether worked in shifts of eight (8) hours, ten (10) hours, o~ such other
shifts as may be authorized under this Agreement, eight (8) hours shall be counted as
one (1) working day for determining the accrual of vacation leave.
Section) 7. Personal Leave.
Employees on the payroll as of August 1=~ of each year, except for trainees who have
bccn with the depafb~t for less than twelve (12) months, shall receive three (3) pers~l
leave days wllh pay. Personal leave days shall be non-cumulative and must be taken
dunng the fiscal year received. Use of these days shall be subject to lite operating needs
of the department and the requeeis of the employees.
1 The parties have bargained this provision to provide exbu l/me off, without
,nc~eesing call back overtime cost to the City.
Effective August 1, 2005, the City will agree to allow two (2) additional personal
leave days (12 hours of leave equal one day) for a total of five (5) personal leave
days in each fiscal year, provided that personal leave days mu~t be taken as
follows, rather than as currently taken in conjunc~on wffh vacation leave:
For SuDl~r~lon Shift Pemonnel: Throe 8hlft~ ~ follows:
12 Pt_ / 12 PL
12 PL/12 PL
12 PI_/12 V
For 40 Hour ~hedule Pertonnel:
40 hours of Personal Leave
3 Personal leave must be used with personal leave, except as shown.
4 All other policies and practices not Inconsistent wi[;, this provision shall continue in
Thers shall be no payment for the accrued personal leave days if an employee
terminates pdor to using all of such days.
Section 8. Unlfo,,,,~.
The City shall pay 100% of the cost of the original issue of uniforms to provide every
uniformed employee with all required original issue items. The employee shall
thereuq'~r ref2aca or repair said required clothing items.
B. The City retains the right to establish the style and color of the official uniform and
its insignia. If the City changes style and color of the uniform, and such change~
cause the previous uniform to be obsolete, It shall pay 100% of the original cost
C. Original Issue of unlforrns, Including patches, to each Flreflghter ahatl be an follows:
11) Fimftghter trainee, two (2) Clase 'A" unifomm;
(2) One (1) belt and one (1) buckle;
(3) Six (6) Clam 'B' pa.~ and six (6) T-shirts;
(4) One (1) sweat~lrt; and
(5) One (1) Jacket.
D. Shoes shall be at the expense of the Individual Flmflgh~ and made ava~able
through City warehouse prlcaa and fadllt~s.
E. A clothing allowance of $55.00 per rnonth shall be provided to each Flreflghter for
the purposes of uniform cteanlng and maintenance. Effective August 1, 2004, the
clothing allowance shall Increase to $67.50 per month.
Standarde regarding the inspections, ma~tenance, and reptacement of uniforms aa
well aa, uniform epectflcatJon shall be setabtlshed by the Fire Chief ~bJect to rite
provisions of this Contract.
Commencing January 1, 2006, each Flmflghter name, rank, and hlghset curront
EMS Certification shall be c~ all Flrefighters shirts aa per department policy. On or
before January 1, 2006, the City shall provide each Fht~?,ghter on a one time baals
three (3) T-shirts wflh the required Ide. Ur~aUon. These shirtn may elco change In
style and color however, the City shall have no obltgaUon for rite T-ehlrt uniform
change, beyond fumbhlng the 3 T-chirrs, (Paragraph B., above, notwffi'mtandlng).
After January 1,2006, former T-shlrtn shall be obsolete.
Employese required to uae their private automobiles for authorized Fire Depmtrnont
business or se a neceaelty In changing stations ahan be compenseted at the rate ai~ectf~d
per mle.
When It appears imminent that Flre~hte~ will be engaged In flmflgh~ duties at the
scene o~ a fire or relocated to another station or engaged in arnixJlnnce dutlea two (2)
hours past theh' normal mealUrne, they shall be provided a meal at lhe city's expense for
approJdmattAy $8.00 per meal per flreflghter, effectJve upon signing of thb agreement, to
be relmbumed wtthln te~ (2) weeks from date of mJbmlaak3n of the form ap~ by the
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officer present at the scene or approval by the first senior officer in the chain-of-command,
if a senior off'met is not present at the scene, is necessary before a meal will be provided.
Section 11. Relief.
F,refighters actively engaged in fire fighting dutms at the scene of a fire for a period
excccding three (3) hours will be relieved from duty and given a rest period of at least thirty
(30~ minutes after any three (3) hours of tim fighting duties.
~n the event that any Firafighters are required to engage in fire fighting duties at the
scene of the fire for a pedod of eight (8) hours or mom, every reasonable effort will be
made to relieve such Firefighters to other duties away from the scene.
E~,ctlon 12. ~ of 81ck Leave In the Event of ~ m' 8erloua IIIne~a In the
ImmedllRe 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 Inctude parents,
step-parents, k~;~al guard[an, spouse, mother-in-law and father-in-law, children, brokers,
starers, grandparents, and grandchildren. In the event of a death not In the Immedlato
family of an employee, the employee may, upon appmvel of the Fire Chief, be granted
time off to attend funeral services, and such time off shall be taken as vacation leave.
Sect]on 13. A~lanment Preference Forme.
Firefighters may submit Sta'don Assignment Preference Forms, provided by the City,
which wil be considered by the Fire Chief in malting such assignments. Factors used In
determining such assignrner,~ will include, but will not be limited to, the r~cds of the Fire
Department. the location of the preferred fire stabon, the residence of the Individual, and
the employee's seniority.
~tlon 14, Reae~l-nment from Fire Prevention.
Any employee who has been assigned to Fire Prevention duties for a period of five (5)
consecutive years or mom shall be allowed to request reassignment to other duties as
long as a vacancy is available. The Fire Mamhall is excluded from this Provision.
Section 15. Stat]on Atslanment by Seniority.
Whe~wer a vacancy occurs in the Fire Depe~ due to retirement, termination,
promotion, or demotion, said vacancy may be filled by a seniority bid mjstem as follow8:
A. Oflly the five (5) pers(ms with the most seniority per rank per shift shall be eligible to
bid. For purposes of this section seniority is defined as time In rank. The five (5)
most senior persons per rank who qualify to bid under this section may each choose
].1
the fire station to which he/she Is presenlJy assigned aa his/her selection under this
section. An assignment bid must be submitted.
Only personnel regularly assigned to the shift in which the vacancy occurs may bid.
Firefighter II's EMS are not eligible to bid for station assignment under this
pmvisk)n.
C. Assignment by seniority will be mede only to non-ambulance stations for the rank of
Firefigh~er I
Assignment by seniority bid will not be made if such an assignment would result In
staffing of less than one (1) person per shift per station who Is qualified and
authorized to use the automatic defibrillation equipment.
E. ,Seniority will not apply relative to move-outs.
r- A firefighter may be assigned based on seniority, only once every three (3) years.
G. Vacancies will be posted for two (2) weeks. Employees will have seven (7) days
after the two (2) week posting period to submit their assignment bid. The Fire Chief
will post assignments wl[hin seven (7) days after the bid submission deadline.
In the event that no bids am received from the five (5) senior employees, the
assignment will be made at the Fire Chief's discretion. The top five (5) employees
on the seniority list who have chosen not to bid on a vacancy cannot be assigned to
that vacancy.
Firefigh~ers assigned to relief duty will be those most recenUy promoted to
suppression.
Section 16, Em~lovee~ A~laned to Smmlallz~d Tmlnlna.
It is understood that Fireflghter personnel who am regularly assigned to tim
suppression and work the fifty four (54) hour work week, may be placed on a forty (40)
hour work schedule for the purpose of attaining spedalized training. Specialized lzainlng
includes but is not limited to HAZ-MAT training, rescue training, EMS cerb'flcatlon and
recerlJfi~n classes, promotional orientation, tim prevention and/or arson training, as
well as attendance to any Fire academy into which Em Fire Depe[b[]ent has enrolled the
flrefighter. If a flrefighter is required to take leave time to attend spec4al~ trelnlng and
said time is for the purpose of transifioning to a forty (40) hour work schedule, such
t~ansiflon leave shall not break the cycte for FLSA purposes.
12
ARTIGL~ V
WAGF$
Section 1. Wage~.
The basra ranks wffhln the Fire Depert,.ent, as well as the applicable job classification
and applicable monthly pay rates shall be as follows:
EFFECTIVE AUGUST I, 2003 (2 9~%)
Trainee ; 2317
Firefighter 12960
1
i~irefighter-[, 3521
[l
~i~ '3977
_Ca~tain :
District : 4566
Chief
six-mos 12rr~ --18mos 30,nos
2417
I3002 I 3234 3442
'i 35i~1 '[ ........ 3665 3745
'-[ 47~'5 'i .......
· I 4992 5218
... I .__].
EFFECTIVE NOVEMBER l, 2004 (2 %%)
'.Start
Trainee .2369
Firefighter '3027
I
~i~efighter
Il
Fire 4066
_Captain
District '4669
Chief
3162
3672
"Six ..rags.. ['i2mos
' 2471
'4185
4882
18mos 30mos
3307 3519
3747 3829
4305 4467
5104 5335
Longevity pay shall be $6.00 per m~th for oach complete year of service up to a
maximum of fifteen (15) years of service. Thereafter, for each additional year o~ aeevlce,
longevity pay shall be $4.00 par month for each year up to a maximum of twenty five (25)
years of service.
13
Section 3. Certffl~ Pay.
~n addition to his/her regular monthly pay, a Firefighter who Is ced]fled by the
appropriate State agency and mccts all certification requirements of this agreement, shall
receive certification pay in the amount indicated below, according to the level of his
cadir~qfion'
Intermediate Fire Cerltficatlon
Advanced Fire Certif'~ation
Master's Fire Certification
Ce, t~r, ed EMT
CeflJlled Paramedic
Fire Prevention Insp.
Arson Investigator
Basic Instructor
Intermediate Instructor, Advanced Insl~uctor or
Master Insl~'uctor
$20 per month
$25 per month
$30 par month
$35 par month
$75 par month
$35 per month
$75 per month
$35 per monh~
$75 per month
Secfloe 4. .,~el,,nment PaY.
In addition to his/her regular monthly pay, and certification pay, a Flmflghter who Is
assr;ned to duty li~ed below shall receive the amount Indicated:
Regularly assigned HAZ-MAT
Regularly assigned to Rescue Truck/Station and
HAZ-MAT qualified (Effective August 1, 1998)
Certified EMT Assigned to Ambulance
Certified Pamrnedic Assigned to Ambulance
Effective August 1, 1998, Fire?~ghtem c~rrently assigned and who continuously serve
for greater than five (5) and less than ten (10) years of service as permanen'dy assigned to
EMS shall receive an additional $.50.00 assignment pay per mo~th. For greater than ten
(10) yearn of continuous service as permanently assigned to EMS, a Firefighter shall
receive an additional $50.00 assignment pay per month for a t~[al of an addiUortal $100
per montt~ as continuous assignment pay. Temporary reasslgnrmmt pursuant to Ar'dc~ VI
SeclJ(m 6 shall not constitute a break in cenl~uo~Js service. Individuals assigned to a for[y
(40) hour work week, uther than employees assigned on temporary, special or limited duty,
will receive the foilowi~g:
6 or more years ...................................................... $225.00 per mo.
Section 5. Worldna Out-of-Clmmiflcatlon.
Any Fimfighter who is assigned the duties of a higher classification for an accrued
period of four (4) houm or mom dudng any shift shall be paid acting-out-of-ciasaificafion
pay on a monthly basis as follows:
Acting Firefighter II ......................... $18.00 per shift
Acting Captain ................................. $24.00 per shift
Acting Dmtrlct Chief ............................ $36.00 per shift
Acting Assistant Fire Chief .................. $48.00 per shift
~l~on ~, Educ~rdon i~ P~v.
( 1 ) Employees shall be eligible for educational incentive pay at the monthly ,.;e of .70c
per month for each academic semester hour satisfactorily completed provided tYmt such
hours am applicable toward a degree in Fire Science, Oco__JpaUonal Education w'~ a
specialization in Fire Science, Psychology, Public Administration or a Bac~,clor of Science
in Nursing, or EMS related fields (hereafter re[urred to as compensable ames of study). In
no event will mom than $49.70 per month be paid without successful completion of the
requirements and the receipt of the ~ in Applied Science Degree in a
compermable area of study. If the employee is attending an upper leveJ college, he may
meet this requirement by filing a copy of his ce~i;fied degree plan with the Director of
Human Resources, noting his expressed intent to cxS~ln a Bachelors D~gree in one of the
compensable areas of study. All Approved hours above the Assocla'm Degree in a
compensable area of study will be eligible for educatJorml pay at this ra[e up to an
additional $37.10 per mon~ or a combined total of $86.80 per mor~. Successful
completion of the requirements and receipt of a Bachelor's Degrea in a compensable area
of study will qualify the employee for a maximum of $90.30 per month.
[2) Approved ho~rs above the Bachelor's Degm applicable toward a Ma~er's Degrea
in Fire Science, Occupational Education Admlntsb-ation or a Masters of Science In Nursing
or EMS related field will be eligible for educational incentive pay at the same rate up to an
additional $14.00 per month. Successful completion of the Maa~ur's Degree one of these
subject areas will qualify the employee for an additional $11.20 per month for a maximum
combined total of an addl'donal $25.20 per month on a Ma~r's Degree.
The additm of other compermable areas of study under this section shall not expand
the pmclJce of payment of expenses or provision of texltxx)ks or materials to such u~her
areas of study as presently provided for an Associate Degrea In Applied Science for
Science at Del Mar College.
15
(3) No ~ry employee shall be eligible for educ~tionai Incentive pay unti ~
he haa succem~llly premed his probatlormry period.
(4) Pedormance award and acting-out of-<:taaall~:m pay under this Arlide ah~ no~
be co~Ndered aa a component of salary or compensation for purpoeee of drag up pay or
or previous agreements, and no such change has been negol~ated.
(5) Education incentive pay under thb Article ~all not be ccmaldemd am a a3mponent
Every November, each flmffghter, excluding tf~o~e o~ p~ atatu~, shall mceh~
a performance award in a lump sum payment of $150.00, which amount will be Increa~d
t~ $175.00 lump sum payment on a one time baais only for the paymeat In November
2005.
8action 8. 8alar~ of De~ut~ Chief and Aspirant Chlef~.
The position of Deputy Chief and the positions of Aaai~tant Chiefs N'tall be
compermated under the City's Managerial Pay Plan.
Effec~ve January 1, 2006, wages and other compensation apeciflca~ mentioned In thb
a~,~T~'~t, ex~udlng overtime, shall be paid on the bens of twenty ~ (26) pay periods
per year, paid every other week, unless spectflca~ mentioned otherwise In the
8e~tJon 10. P-v and Floral Certalnt'v
A. The City and ~ Union agree that this agreement should se~ forlh dearly and
msotve any issues concerning the proper calculation of pay and other ecormmlc
benel~. The City and the Union agree that the pay formulaa In Aflachme~ D & E
of this Agreement ,u?,ect me correct standard for futura payment.
B. The Union agrees that the city's past pay pmctlce~ am In compliance with ~ prior
C. Ail ~buaC~Ve pay due for FY 03-04 and FY 04-05 under this Agreement wll be paid
using prior payroll payment practices.
D. The City and the Union recognize b~at Individual Association membem have the
right t~ assert a pay c~alm or grievance for pa~t pay periods, sub, ct to the City's
legal and contractual de[enaea. However, it is also agreed that all pay claims which
16
,-tiflcatJon of this Agreement shall be barred. This provides a reesoneb~
opportunity for the assertion of any valid ctaims, and will allow the City Council to
know the extent of any contingent liabilities when it takes action on this Agreement.
E The use and meaning of the terms 'regular rata' and 'regular rate of pay' in this
Agmcment pre-data the application of the FLSA to the employees under this
agreement. It is agreed that the method of payment of overtime pay, drag up pay
and vacation sell beck shall be in accordance with this agreement. The parties
agree that any contrary state law or local ordlnanca, Including Texas Local
Government Code Section 142.0015 Is supercaded.
F By the inclusion of FLSA terminology in this agreement, neither party waives
exemptions, credits or entitlements which otherwiss apply.
G. It is further understood and agreed that the City is entitled to uss and does uss the
partial exemption under the Fair Labor Standards Act, 29 U.S.C. 207(k) es per the
ruling in Collins, et al v. City of Corpus Christi, Civil Action No. C-00-066, United
States District Court for the Southem Disbict of Texas, Corpus Chdstl Divtsion. The
parties also recognize that any releass of FLSA ciaims must be in accordance with
applicable law.
ARTICI. E V!
EMERGENCY MEDICAL ~RV1Ct=
Section 1, Certfflcafloa Reaulrernent.
Ail Flreflghters hired after May, 1985, must be certified Pammecllcs wii~,in eighteen (18)
mo, tl,s f, um date of employment and must mai,ruin Paramedic cadJflcaflon for a minimum
of e~ght (8) full yearn as a condition of employment. Failure to maii~taln said carlfficatJon
shall result ~n tarmlnatlon. Any time period without carlification will not count towards the
minimum eight (8) full years requirement. Any Flrefightar who has not rne~ rite rn~nlmum
eight (8) full years requirement as a c~lJl'~:l Paramedic because of ~ of cartlflcatJon
shall be granted either twelve (12) calendar months from the date she/he lost carlificatJon
or from December 7, 1999, or, if the Firefighter enrolls, attends, and completes rite next
regionally available educa'donal ctass that will assist him/her in ragalnlng the Paramedic
certific~ik)n, ten (10) months from the data the class begins, whichever is longer, to rega~
Paramedic ca, Iii]cation. If a Flreflghter is unable to obtain Paramedic cartlflcatlon wfl~ln the
bme granted, she/he will be terminated in accordance with Section 1 of this Arlicte.
Any Flrefighter who Is not a cer'dfied EMT or ce~;;;',ed Pararnedlc shall lose EMT or
Paramedic carlification pay ninety (90) calendar days after notification of the loss of
certification. If authoriTntion to function as a medical care provider is suspended by the
Fire Depafb[~nt's Medical Director, the Fire Chief will provide to the Fi[e?,ghter In writing
the necessary steps required to regain cartlflcatlon.
;f a Fimfighter carrying the rank of Flreflghter II EMS has failed to mali~taln Paramedic
certification, she/he will be temporarily reassigned to Fireflghter I duties Immediately upon
loss of ca[iiFa::atJon or on December 7, 1999, whichever occum later. The Flreflghter shall
be granted ninety (90) calendar days f[um the date she/he lost certification or from
1'7
December 7, 1999, whichever occurs later, to obtain certification. If at the end of this ninety
(90) calendar-day period, fl'~ Firefighter has not obtained certification she/he will be
demoted to the rank of Firefighter I. Any previous time in rank shell stand and the
Firefighter shall be eligible for promotion to the rank of Fireflghter II EMS after successfully
completing the requirements of a certified Paramedic.
It a Firefighter hired before May, 1985, carrying the rank of Fi~u;igh~er II EMS and who
has an EMT certification, has failed to maintain that EMT certification, she/he will be
temporarily reassigned to Firefighter I duties immediately upon loss of certification, or from
December 7, 1999, whichever occurs later. The Fireflghter shell be granted ninety (90)
calendar days from the date she/he lost cetEl~cafion or from December 7, 1999, whichever
occurs later, to obtain certification. If at the end of this ninety (90) calendar-day period, rite
Firefighter has not obtained cartification she/he will be demoted to the rank of Flreflghter I.
Any previous time in rank shall stand and the Firefighter shall be eligible for promotion to
the rank of Firefighter II EMS after successfully completing the requlrame~-~ of a cerlJfied
Paramedic.
The Fire Depafb~nt will make available t3'aining materials or tutorial assis[ance up to,
but not exceeding and equivalent of forty (40) hours, upon request of the Fl[e;'~lhter who
has not met the recerlJflcatlon requirements. Such tutorial or baining assJstance shall be
based upon the recommendations of the EMS training staff and the Fire Depa. b~nt's
Medical Director. This tutorial or baining assistance may require the Flrefighter to be
reassigned to a forty (40) hour work week to c~xnple~e the bulnlng. The Dep~b~mt w~l
assume no responsibility for time and expense incurred should the Flreflghter desire
training other than that offered by the Fire Department.
~d~--tlon 2. 8ervi~,e R~ulr~rd:.
All Flreflghters hired after May, 1985, may be required to serve a minimum of five (5)
years in the Emergency Medical Service dudng the eight (8) year porlod of paramedic
certification requirement set out In Section 1 above.
Section 3. Ae~letant EMS Director.
Effective August 1, 1999, any vacancy occurring in the position of Assl~;-nt E.M.S.
Dire~ur shall be filled from the rank of Captain and shall be a District Chief with all the
dghts and benefits of a District Chief. This position shall be by appolr~;,,ent of ~ Fire
Chief from Firer~hters within the rank of District Chief or Captain who are eligible to take
the District Chief Exam and are certified and qualified to serve as paramedics under this
Agreement. It is understood that any individual appointed to this position, serves at the
discretion of the Fire Chief, but if removed from this assignment, shall be reassigned at ~
same rank and/or position that he/she hek] when originally appointed, or achieved during
the flref~h[er'a tenure In the position as Ass;~;-nt EMS Director.
The person cun'enfly assigned, and for so long as he holds this posl'don, shall reta[~
Civil Service status, mai~-~[ain and accrue vacation, slc~ leave, personal leave, and
3.8
sen~ority; and receive longevity pay. The Assistant EMS Director shall continue to
participate in the City's health and life insurance programs, and receive $150.00 per month
in lieu of paramedic cer'dfica~;on pay. It is unde~s'u~ed that any Individual appointed to this
posrtion, serves at the discretion of the Fire Chief, but if removed from this assignment,
shall be reassigned at the same Civil Service Classification and/or position that he/she
held when originally appointed, or achieved during tenure in the position es Assistant EMS
Director
With the exception of the Assistant EMS Director, Emergency Medical Service
supervisory officers assigned by the Chief shall receive $150 per month paramedic
certification pay in lieu of the amount provided for in Article V, Section 3 of this Agreement.
Section 4. Ramulnnment of Flreflah~er II EMT/Fl~,;'mhter II Pmlm~dh~.
Any Firer~ghter II EMT/Flmflghter II Paramedic who Is regularly assigned to EMS shall
be entitled to receive, but only upon his request, temporary reassignment to Firefighter
duties for as much aa two (2) pay periods In any six (6) mont~ period; provided however,
that during any pay period that such employee ia performing such voluntary reassignment
he shall be paid only at the maxJmum Fireflghter I rate for Fimflghter I duties performed
dudng said period of reassignment. However, it is agmcd that such reassigned employee
will continue to hold his Flrefighter II rank, and will be entitled to all other rights and
privileges pertaining thereof.
The scheduling of ternflomry reassignment shall be made at the reaaor~bie discretion
of the Fire Chlaf.
Section 5. Voluntary DMnotlon of Flrefloht~r II i=MT/Pmrimed~.
After five (5) years of actual ambulance service duty, which must be co.U~uous, aa a
Fimflghter II EMT/Flre?~ghter II Paramedic hired prior to May 1985, the employee shall be
granted upon request e voluntary demoUon to Flreflghter I, and wtll not be further required
to maintain EMT ce~Grication.
Section 6. FMT Certfllc~lon After Promotion.
I=irefighters and Fireflghter II EMT/Firefighter II Pamrneclics, hired prior to May 1985,
who are promoted to Firefighter II - Drivers will not be required to maintain lhelr EMT
certification after prornoUon
Secti~e 7. Promotion I= Rr~l,,h'er II/En,~lnem' m' Captain.
All Flmflghtem hlmcl after July 31, 1996 will be requlmcl to serve e minimum of two (2)
consacu'dve years as a Flfe;'rghter II/EMS o~ the ambulance, prior to becoming eligible to
take the examination for pmmoUon to Flmflghter II/Engineer or Captain.
19
ARTICLE VII
UNION ACTIVITIES
Section 1. Payroll Deduction of Due~.
The Union shall supply the City wi~ all necessary papers and i~,;ormaflon for payroll
deduction of dues and assessments. Such dues or essoesme.~ will be deducted
in the amount specifically autho~ by the individual employee and in accordance
w~th the by-laws of the Union.
B
The City agrees to deduct dues upon receipt ;',urn the Union of a 'Dues Deduction
Card' voluntarily and individually authorized, signed, and dated by each member of
the Union. This authori~mtion 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 [e~erenca ;[]lu this
agreement The City shall begin such deductions on ~ following pay period after
receipt of the 'Dues Deduction Card.'
C. The City agrees to deduct special assessmer~ upon receipt from the Union of a
"Special Assessment Deduction Card" which is found In Appendix 'B' and is
incorpo~u~:l by fufure~ca i~o this agreement. The City shall deduct such special
assessment on the following pay period after recalpt of the 'Special Assessment
Deduction Card.' The Union agree= to de;,uy the City's Admlni=b~,Uve cost for such
special assessment in the amount of $50 per special assessment, to be invoiced by
the City.
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 fumished by the City. Such 'Termination of Dues
Deduction Card' is found In Appendix 'C' and Is Incorporated by reference Into this
agreement. The City shall terminate deduction of such dues on ~ following pay
period after receipt of the "Termination of Dues DecluclJon Card.' A copy of the
Termination of Dues Deduction Card will be forwarded to the Union's Secretary-
Treasurer.
The City will be obligated to remit to the Union only those sums dedu~=d es 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 mason.
~'tl~2. NegoU~Team.
Four (4) members of the Union negolJatir~ team (or a number equal to the size of the
City's negotiating team, If isrger) shall he allowed time o~f ~ pay In order to attend
20
negotiating meetings mutually set by ~e employer and the Union when such meeangs
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 dudng collective bargaining for a new contract
unless an impasse exists as defined in Section 174.152 of the Texas Local Govemrnent
Code. V.T.C.A.
Every effort will be made to begin negotla'dons sixty (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.
~-~t]on 3. Union A~vttle~.
The Union may schedule small committee meetings pertinent to Union business o~ Fire
Deparlment property insofar as such meetings am not disruptive of the duties of the
employees, or the efficient operation of the Fire Depafb,~nt, provided however, that
parmiaslon for such mee~ng shall be obtained in advance from the Fire Chief or his
designated representative. Union members or employees may conduct voluntary fund
raising ~ dudng working time, at their work location so long as the conduct of such
business does not interfere wiU, their duties es employees and advance permission of the
Fire Chief for such volu~,or work has been sought by the sponsoring organization, and
granted, and the Chief has given permlssio~ to the Union for such activity.
in December of each year, the Association President may choose to be relieved of
duty for the following year to perform Association duties. Wr~'u~n notice of the
Association President's intent must be sent to the Fire Chief by the 20th of December.
On August 1 of each year, if the Association President has chosen to be relieved of duty,
each member of the bargaining unit shall contribute four (4) hours of personal leave to
offset the Association President's base pay. The City shall continue to pay all
the Association President is entitled to receive. The period during which the Assodatlon
President is relieved of duty shall not constitute a break In service. In the event of an
emergency, the Chief may order the Association President to report for duty as assigned
by the Chief
Section $. Otlter Unk;)n Functlon~.
No Firefighter shall be refused reasonable leave of absence wffhout pay, provided
that a sufficient number of employees to carry out the normal functions of the det3efb~.a,~t
shall be provided, for the purpose of attending any fire school, convenflona, o~ meetings
conditions for the personnel thereof.
2].
The President of the Union and three (3) elected delegates shall each be allowed
three (3) shit~ off with pay each year of the conL,~t term to attend the Union's state
convention and a like number of shir'as off with pay to attend the national convention. In
addition, the President of the Union or his designee if the President is not available, will
be allowed to attend, with pay, eight (8) regularly scheduled Union meetings par calendar
year. not to exceed four (4) hours per mccfing. In addition, two (2) pension trustees will
be allowed [wo (2) shlrbs each w~ pay per calendar year to attend the state pension
seminar approved by the Fire Chief. Travel expanses, food, lodging, e~c. shall not be
bome by the City. Any delegate leave days provided for in this paragraph and not used
for attendance at the Union's national and state conven'6ons, may, upon the Unien's
request, be used for attendance at seminars or training sessions dudng each year of the
contract term.
In addition to the delegate leave days granted by the preceding paragraph, if any
F,refighter is elected to a position on the Union's state or national executive board, Eat
F~rafighter shall be allowed three (3) shifts off with pay to attend the ub=[~ and national
conventions
Section 6. City Facllltlee.
The City facilities which are available to private organizations on a rental basis shaJl
be made available to the Union under the same conditions that they are made available
to other no~proflt organizations.
Subject to prior notification to and approval from the Fire Chief or next highest mnldng
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. Vlslte shall be
conducted ~n a manner and at a time as not to Interfere w~ the functions of the
depa~b~,ent. Such approval of the Chief shall not unreasonab~ be wfthheid.
Section 8. Orbntltlog,
Neither the City nor the Union will attempt to use Fire Deparb'nent academy t3'alnlng to
solicit or discourage Union membership.
Dunng any porlJon of the Fire Depa~b~.ent academy training devoted to explanation of
Firefightera' rights and duties under this contract, a representative designaLecl by the
President of the Union shall assist the City's represente'dve In explaining the co.b,.ct.
Se~lon 9. Ax~tl~ Oul~lde City Umlt~.
A Flreflghter who is ordered outrode the City limits on any mission of the Rm
I::)epafb[~mt shell be deemed to be in the line and in the course of his duty aa a paid
FIrefighter and public safety officer for all purposes.
22
~ 10. Notified]on of Promotion.
Any employee promo~x] to a higher classification shall be notified In writing wtthln
twenty (20) days from the date of promotion.
Section 11. Pl~e~ to Select Their Owh Repre~entathm$.
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 art~a[k3n
matters and in other procccdlngs; provided, however, that the City shall not select any
employee of the Fire Deparlment hotdlng a rank below Assistant Chief, and the Uni(m shall
r~ot select any employee of ~ Fire Department holding a rank above District Chief.
Section 12. Corrb'act Admlnletraflon.
Training and/or orientation for all employees wlU,in the bargaining unit shall be
conducted to ifiform such employees of their right, and oblige'dons under this agreement.
Training and i,l[ormational sessions for all employees will be conducted join'dy by She
City and She Union. Attendance at such training will be mandatory and If such sessions
am scheduled at the time when the employee would otherwise be off duty, fl'm employee
shall be considered celled back on duty to attend such session.
ARTlC~; ViII
MANAGEMENT RIGHT8
Section 1. ~nt Furmtlon~.
The Union recognizes that She City has statutory and Charter rlghl= and obligations In
matters relating to municipal opeeatlons. The City and She Chief shall retain alt rlgh~ and
aulbority to which by law they are entitled, it is understood by the parties tftat every duty
connected with operations enumerated in job descriptions Is not always spedflcally
described, and She Job descrlp'dons ara simply general guideline daacrlpUons and am not
specific descriptions of all duties which employees era required to perform. Except aa
provided in this agreement, the City retains the right to ope,=~e and manage Its affairs In all
r~spect~.
It is unders'uTx:x:l Nat the City has She right to establish deparb,ental rules of procedure;
to discipline or discharge for cause; to deterrnlne 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 Ir.~buctlons, rules and regulations and
standing orders, and this contract.
The City reserves the right to use ctvilans In the Fire Depa,br~nt to perform duties
which do not require a certJfled Firefigh~er. The scope of such duties may Include EMS
edmlnlstration, communications. Info,,,~tlonal systems, records, clerical auplx)rt, and
23
maintenance. Civilians performing such duties are not subject to th~ t~rrns of thl~
agreement. The City will be allowed a reasonabie time to train civilians to assume tJ'~se
duties.
Section 2. Rules and Regulations.
The City recognizes the responsibility of rnanageme~t to reduce Standard Instructions,
rules and regulations and standing orders to wdl~ng and to maintain the same at each
station in order to achieve a uniform interpretation and application of such dlrectJves and
regulations, within the contract year.
Section 3. Noninterference With Pmlon~l I.h~,
A. The City will not publish, make or enforce any regulations or directives which will
~nterfem with the personal lives or off-duty activities of employees, except to the
extent that such regulaficms am related to their employment. This section will not
supersede the rules and regulations of the Civil Service Commission.
B. Fimfigh~,rs may reside outside the city limits. Flrefighters shell, however, reside in
such a location as to be able to reach City Hall within sixty (60) minutes by treveilng
~n an automobile at posted speeds in on:llnary weekday ;,u;T~c.
ARTIC~ ~= IX
I=MPI.OY;=E 8~LECTION AND PROI~IOTION
Section 1. Orientation for Flmllnhter II Drl~em and Cng~alr~.
AIl new Firefighter II Drivers and Cap. Ins who are promoted to these ranks shall be
given a thorough orian~ation consisting of the responsibilities acc~xnpenying such mnldng.
This orientation shall include, but not be limited to: hydraulics, driving laws, safety
procedures, responsibilities of the Job, leadership in the fire service, and report wilting
(Including all forms used wilJ,in the Fire Depafb,ent). The orientation shall be conducted
by members of the Training ~u,'T and shall not be pert of the promotional procedure ~
shall be con,hued to be part of the final promotional grade. The orientation shall be
conducted prior to the assignment of the newty promoted employees to their new
positions. Attendance at such orientation shall not break a cycle for FLSA ove~me pay
Section 2. PromoUomd Examlnaflon~ for Flrefl-hter I1'~ and C~
Examinations for Fireflghter II's and Captains shall be conducted entirely as provided
by Chapter 143 and ~ grading rnu~,ocls and estaldlshrnent of the eligibility roster shall
also be conducted entirely es provided by Chapter 143, e_ _~m~pt_ as pmvkled in ArlJde IX of
this co,~,-ct. Separate exams for Fife;'(ihter II-Asalgned Truck Driver and Fireflgh~r
II-Assigned Emergency Medical Service shall be administered. NI Fireflghtera hired a;'u~
July 31. 1996, will be mcluk'od to sarve a minimum of two (2) consecuth~ years as a
Fimfighter II/EMS on the arnlxJlance, prior to becornlng eligible to bake the examination for
promotion to Firofighter II/Engineer or Captain. Only ~ Fireflghtere wtth paramedic
exam and be promoted accordingly. The Flrefighter II-Assigned Emergency Medlcel
Service roster cheil be usad for Emergency Medical Services only.
Section 3, Ofl~' ~ I~aulr_.,~d,~ for Promoflofl To Rank
Before becoming eligible to take the promotional examination for the ctaesBcaflon of
Captain, al Flreflghter II's (hlmcI after May, 1985) must be ce,;;;'~ecI paramedloe. Ortce
certification for one (1) eddltional required re-cerUtScetX~ or, four (4) yearn, which ever 18
longer. Failure to rnak,;~ln said certification ehall be grounds for dbcipllnary actlc)fl up to
and including demotion or indefirdte euepeflelon.
Ail Flmflghtars hired prior to May 1985, who have ever served ae Fl,~",ghter II for more
than two (2) consecutive years and who have not tarmlnated their employmeflt with this
de~a,b,,ertt at any time, wtil be eligible to take the Captain promotional examination
Section 4. ,A,,,,,dntment of I:)eoutv Chief and Aeml~tant Fire Chlef~,
A. Promotion to the ctaeelflcation of Dep4~y Chief shell be exempt from cornp(,GGve
examination, and, instead, ehall be made by appol,,b,,eflt by the Chi(K, at the
from the ciasalflcatiorm of Aspirant Fire Chief or District Chief. 'The change In this
section to ~ Chief fi'om First Asal~,nt Chief ia only a change In the ~ of the
classification and It is agreed that no vacancy, new, or eddltlona] poaltlons la
created In the Fire Dep~L.~t nor is ~ Intended.
B. Baglnnlng Auguet 1, 1990, the first two (2) Ix)el'don vacanctee In the Asaistant Chief
rank cheil be designated as exempt from c~rnpe;;;;ve exmrdrdflon arid, InBreed,
shall be mede by appoi.[,,,e~t by the Chief. at the Chief'8 discretion. 'Theee
Fx)eltior~ shall be called Asalo~,nt Chief A and AaNetarlt Chief B and ehall
henceforth be 11led by appointTneflt of the Chief. Promotion Into these poaitione
Chief IX)ailJofl$ shall be filled by competitive examination a8 deacrlbed Iff ArUcte IX,
Section 9 of thb co,,I, uct. It is und(h,,~uOCI end agreed ~ the Inctuek)n of this
provision in the agreement Is not a waiver by the City, the Chief or b~m ~
of any Interpretation of ~ prior agreement, Further, the parties undemtand and
agree that the continued Inclusion of this sec~on of the contract doe~ nof prevent
eJther party r~c~n asserting ~ ctaim aJlaglng a violation of this sactlon or does the
inciusion prevent a de~m~e to s~ch claim,
25
$~,~;on 5. Protmt]on~rv Period for New EmMoyees.
A new employee In the Fire Depafb~nt shall serve a probationary period of eighteen
(18) mo.U,s which shall begin with the date of flint employment unless extended to obtain
initial Paramedic Ce~til',;ation as per Article I #16. During the probationary period, such
employee may be discharged at the discretion of the Chief. without appeal to arbitration, to
the Commission, or to any court. All Fireflghter Trainees shall become Imrnedlately eligible
for part~cipatio~ in the Corpus Chdstl Local Flreflghters' Pension System as of the original
~ate of employme~. When the employees have completed the probationary period, they
shall automatically become a full-fledged CMl Service employee and shall have full CMl
Service protection as specif~d by Chapter 143 and this contract.
In addition to insurance, sick leave, vacation, and holidays, it Is understood that upon
graduation from the Academy or being tumed to duty and becoming a Firertghter I,
Fimfighters shall receive the following: (a) 100% of the uniform allowance, (b) longevity
pay, (c) Fireflghter Basic ce,Ul~catlon pay, and EM'I' Ce[i.i['~(don pay. If ce~G',gd, (d)
Paramedic CertEk;~[Ion pay upon approval of the Corpus Chdsfi Fire Depa~b~,ent Medical
Direc~r and (e) supplemental insurance. After completion of the probationary period
Fimfighters will receive 100% of all benefits specified in this cor~b..ct to which they are
entitled
For promotional purposes, b'3e effective date of the promotion Indicated o~ rite official
City document (Form 12) will be used to de~Tnlne the dassiflcaflon of Flreflgh~er to meet
eligibility recluimments.
Section 6. Cormcflorm to E~.'.,nce or Promotional FzlmlnM]on QutMJon~,
The CMl Service Director shall have aubhority within five (5) days of lJ'm da~e of Itm
examination to recommend to flhe CMl Service Commission changes to e.b~,nce or
promotional examination questions where clerical errors in compiling lyre test quesl~x~
have been discovered, or where a question arises as to general accuracy. This does not
restdct the FImflghter from appealing questions to the Civil Service Commission.
Sectlmt 7. PmdJr~ and Admlnlatratlon of Promotional F~rarnlmdJorm.
A listing of materials I'[um which promotional examination questions em 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 examina'don date.
W ~ Admln~ ~ F~n(~ Exa~lnatlon.
Entrance examinafiom~ may be administered at any time to qualified groups or
Individual applicants consi~'u~nt ~ pul~lc posting requlmme.~ of Chap'u~r 143. Al
apptlca,,~ passing lyre w~ru~n examination, oral examination, psychologlcai examination,
medical examination, strength and endurance examination, and any other exams deemed
26
neceasmy by the Chief shell be ranked upon the eligibility list for Flreflghter Trainee based
upon corrp~ sco~a po~ed almultane(msly. Such ellglblllty Ilat aludl be valid for a
period of twelve (12) continuous calendar months from the date of original po~ng.
Applicants who fall will be required to walt one (1) year b~;'ure taldng the test again.
Section 9. Promotional Pro~edume for Itte Rank of DIM~'k~t Chief and
Cap~rm shall have two (2) continuous years In rank before becoming ~ to
compete for a Dlai~ict Chief vacancy. The claealflcatlmm of Dtstrlct Chief and Assistant
Chief~ not aplxHnted at the discretion of Itm Chief shall be filled by a promotional
examination procedure conMstlng of two (2) parl~ as fcHIows:
A. Wfi~'a~n Examination.
(1) The wHi~un examination ehall consist of qum re~ng to rite ~
duties of the pcaltlon to be filled. The written examination 8hall have no
specific falling score but will provide a mnldng of participants from high to
Iow score. In ltm event that w~'~uen examination scorns am b"m same, the
earliest time for submitting the examlnetlon form to the teat admlnla~-[ur
for grading shall determine respective standings. Only the highest ten (10)
parl~cipa~-~ shall be allowed to continue on to the next phase of the
examination process (Assessment Cefi~er examination).
(2)
Th~ posting of the results of the written examination shall co~-~[aln only the
names of the top ten (10) scoring applicants, in alphabedcal order.
Individual scores will be given to b"m employees but will not be posted.
B. Assessment Cen~er.
(1) ~ Assessment Center shall consist of:. ax (6) pamorm from oul~lde the Fire
Dep~b,,~nt holding edmlnlstrab've leve~ poaltiona in a Fire Department
At least two (2) of the Fire Admlntstratom must be [fum outskJe the state of Texas. /~J
Assessom shall be chosen by ltm Director of Human Reaoum. Bofh the Chief and the
be a candidat~ for the promotional exam for which the list of assesac~ has been
developed. If any Individual on the I~ is not approved, a mason for the falium to approve
and an alternate name must be subm;[iucl to the Director of Human Rea~rcea within five
(5) day~. No more than two (2) names can be shuck from b"m list by either the Chief ~ the
2'7
necessary by the Chief shall be ranked upon the eligibility fist for Flreflghter Trelnee based
upon composite scores posted simultaneously. Such ellglbilty list shall be valid for a
pedod of twelve (12) continuous calendar rno~ths from the date of original posting.
Apphca,]ts who fail will be required to wait one (1) year before takJng the test again.
Section 9. Promotional Procedures for the Rank of Caet-'n and DIM~lct Chief and
As~lntant Chief.
Captains shall have two (2) continuous years in rank before becoming eligible to
compete for a District Chief vacancy. The classifications of District Chief and Assistant
Chiefs not appointed at the discretion of the Chief shall be filled by a promotionaJ
examination procedure consisting of two (2) parts as follows:
A Written Examination.
(1)
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 wtll provide a ranking of partJcipants from high to
Iow scorn. In the event that written examination scores are the same, tim
eadieet time for submitting the examination form to the test edmlni~bak~r
for grading shall determine respective standings. Only the highest te~ (10)
participants shall be allowed to continue on to the next phase of the
examination process (Assessment Center examination).
(2)
The posting of the results of the written examination shall co~[ain only the
names of the top ten (10) scodng applicants, In alphabeScal order.
Individual scores will be given to the employees but will not be posted.
B. Assessment Center.
(1) The Assessment Center shall consist of: six (6) parsons ;'[um outside the Fire
Depa[b.ent holding admini~l.,.iive level positions In a Fire Department
operating In a city of 100,000 or more population shall be seleci~K! to serve as
At least two (2) of the Fire AdminisEa~ors must be from outside the state of Texas. AJI
Assesscxs shall be chosen by the Director of Human Resources. Both the Chief and the
Association President or his/her representative must approve the selections and must
keep the list confidential. The Association member appointed to approve the list must not
be a candidate for the promotional exam for which the list of assessors has been
developed. If any Indlvtclual on the list is not approved, a reason for the failure to approve
and an altem~ name must be submitted to the Director of Human Reeou~ within five
(5) days. No mom then two (2) names can be struck from the list by elfl'mr Ute Chief m the
27
i2) The Assessment Center Examination date will be posted on the marne day the
will. lan test announcement is posted. A brief explanation of the center
exercises shall be posted at least three (3) days prior to the written test.
Assessors shall be bained for a minimum of eight (8) hours In the methods to
be used in administering the test. Ail candidates will be given the opportunity
to attend a classroom orientation concerning the assessment center process.
The orientation will include general information conceming the exercises they
will be taking during the assessment process. The assessment center process
shall include at least three (3) exercises.
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 ~ 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.
(4)
The results of the Assessment Center examination shall be binding for one (1)
year and, ~ the exception of fraud, shall not be appealable to ~ Civil
Service Commission or to arb;~iion.
Cm Eliglb~Ry
(1) Within forty eight (48) hours, excJuding weekends and holidays, of the
conclusion of the entire assessment center process an eligibility list shall be
prepared and posted. Each eligibility fist shall reflect the ranldng of all
applicants based on the following weights:
(a) Written examination scores
(b) Assessment Center Board exemina'don score
Plus one point for each year of servtce in
the depa[b,.ent up to a maximum of ten poi,,b~
40%
60%
100%
10 poli~
110 poh~t~
(2) Such eligibility list shall be valid for a period of twelve (12) continuous rnonfl'~
hum the date of final posting or until the Ibit bi ex)hausted.
28
ARTIC~ ~= X
GRI~'VANCE PROC;=DURE
Se~'Uon 1. ~ of Grlevan¢e Pro~Mure.
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 wi[hin the jurisdiction of the Civil Service
Commission as created by Chapter 143 or Article Xl of this contract.
Section 2. R~ht to Pre~nt Grievance: Union Reore~nl~on.
Any employee may present a grievance to the City on a form provided by the City and
such grievance will be pro(eased In accordance with ~ grievance procedure outlined
heroin. When requested by the employee and agreed to by the Union, the Union may
represent and act for the aggrieved employee at all leve~s of the grievance procedure.
Class Action Grievances, Grievances u;T~cting two (2) or more members of ~
bargaining unit shall also be processed in accordance with the procedure outlined heroin.
Sectl~m 3. Procedure for I-landlln~, Grlevar~ea.
Wi~in ten (10) calendar days of the incident giving rise to the grievance or wi[bin ten
(10) calendar days of constr-ctlve knowledge of ~ event the employee shall file a
grievance with the Fire Chief. The w~'a~n grievance shall be filed on the Grievance Form
provided by the City and shall c~ffain the following ii~;ormatJon:
( 1 ) A statement of the grievance and the facts upon which It Is based;
(2) Shall point out the provisions of the agreement c~nsk~red ap~liceb~e or
alleged to have been violated, if any; and where prevailing ~lgh~ or a past
practice Is a basis of ~ grievance, the specific right or practice must be
(3) Shall state the remedy or adjustment sought; and
(4) Shall be signed by the aggrieved employee.
The Fire Chief or Deputy Chief shall meet with the employee, discuss the grievance,
and shall raspond in writing within ten (10) calendar days after receiving the grievance.
The w~i~n response at this stel), and the management responses at all steps thereafter,
shall c~;,,In the following Infc,~on:
29
(1) An acceptance (x rejection of the fa~tu upon which the grievance is based;
(2) An explanation of the provisions of the agreement considered applioabie;
(3) A statement of the remedy or adJus'a'nent, if any, to be made;
(4) The signature of the appropriate management mpraaentative.
·teD 2.
If the Fire Chief response at Step I is rejected, the grievance shall be submitted to the
Union Grievarme Committee wi[bin ten (10) calendar days of the Chief's response. If the
Union Grievance Committee decides that no grievance exisLs or that lyre Fire Chief's
response is satisfactory, no further action is required and the Fire Chief's response shall
be final and binding. If the Union Grievance Committee decides that a grievance does
exist and the response is unset~'uctory, it shall, within ten (10) calendar days of receiving
the grievance, forward ffm grievance to the City Manager at Step 3.
Steo 3.
~f the grievance is submitted to Step 3, the City Manager shall meet with the employee
to discuss the grievance and shall make a raalXxtse within twenty five (25) caJendar days
following the receipt of Ute grievance from the Union Grievance Committee.
84~1;llXl 4. ArbltrltJon of Gl'le~,qce.
A. If the grievance has not been resolved at Step 3, the Union may request that the
grievance be submitted to arb;~,uL;on wfthin ten (10) days af'~ur receiving the City
Manager's response.
B. Mandatory arbibuLk:)n: Upon request by the Union, arbYuu[~:m Is merK~,~ry on the
part of ~ City with regard to those grievances or dlapub~ InvoNing the application,
~nterpretaUon and enforcernent of the ten~-.~ of this agreement and which am limited
to incidents invohring Individual employees or employee groups rather than mattem
affecting the entire bargaining unit as a whole. The refusal to submit a dispute to
arbitration where arb;buUon is made mendak~ry by this section, shall be deemed an
a~on or omission pertaining to the dghts, dulJas, and obligations provided by The
Fire and Police Empioyse Relations Act (the 'Act') and the parUaa requesting
arbitration shall be enUtled to the remedies allowed by Section 174.251 of the Act,
subJcct to judicial determination.
C. Voluntary Arbitration: Any other dlsputaa, Including contract k~erpmtatlorm (m
appilcatk:m as they might possibiy or othenvise affect the bargaining unit aa a whole,
may be submitted to voluntary arbib-Uon only upon the mutual agreement of ~
(:3ty and the Union.
30
D Arb~bu[~on Procedure: Wl'd3in ten (10) business days after a request for mandatory
arb~[ion or an agreement for voluntary arblb'atlon, the City and the Union shall
meet to begin the arbitration procedures provided herein.
(1)
F_x~dited or Cenventional Arbitration:
Upon agreement between the City and the Union, such arb~bui~on shall be
conducted according to the expedited labor arblb~,tion rules of the American
Arb;~u--u[~on Association (AAA). In absence of such an agreement, t~e arb~-.~[;on
shall be conducted according to the conven'donal VO~Ullll~ry L~bor ArblU~[~
Rules of the AAA. Provided, however in case of conflict between AAA rules and
th~s contract, the conb'act shall
(2)
Choosin¢~ The Arbi~a~ur.
A list of seven (7) qualified neutrals shell be redues~d Imrnedlak~y from the
American Arbibu[ion ~:~3ciatJon. Within five (5) business days after receipt of
the list, the Union and the City shall altemateiy sb'ike names from the Iht and ~
last remaining name shall be the arbitrator.
(3) Various Rules A.ol~lcable to Al'b;[~u~)n ~im3e:
(a) The headng on the arbitration shall be infc,,,~al and the strict rules of
evidence or pleadings shall not apply. The arbii~ui~r shall not have the
power to add to, subtract f~um, or modify the applicable provisions of this
agreement in arriving at a decision on the issue or Issues presented but
shell confine his decision to the interpretation, application or enforcement of
this agreement as applicable to the fac~ and circumstances presented.
The arbitrator shall confine himself to the issues submitted for arl:,~-a[Jon,
and shall have no authority to determine any issue not submitted to him.
The decision of the arbit, u~ur shell be final and binding upon the aggrieved
employee, the Union and the City, subject to judicial review as provided by
Section 174.253 of the Texas Local Government Code.
(b) The parties, dudng arbitration hearings, shah have the fo~lowing right: to
exchange the names of witnesses to be called and the nature of their
testimony prior to the hearings; to require the arb;bu[ur to subpoena
wib~esaes; to be represented by legal counsel; to present evfdence, te~[y
and argue lbs evidence; to confront and cross-examine adverse witnesses
(subject to the masunable discretion of the arb;i~,i~r to admit hearsay
evidence); to have discovery appropriate to the nature of the case prior to
headng, sub'~ct to rules of discovery In Texas civil cases. Judldal rules of
evidence need not be strictly feilowed; witnesses may be placed under the
rule, and all headngs shall be pubilc unless otherwise agreed by ~
affected parties. The rules of the American Arbibu[;en Association shall
govem the conduct of heedngs except where in con~ w~th this co,,b-cL
The arb~rator shall rer~ler a de~a~on in writing ~ forth the reesons for
his declalon The conclusion reac~'~d by the arb;EuE::~" ahal be baaed
31
solaly on evidence adduced at the headng. The arb;bu;ur shall no~
communicate with par'des or witnesses relating to the facts or subject
matter of the case wib'x)ut giving all parties notice and the opfx)rtunlty to
attend. Arbitration hearings may be condnued or recessed by the arbitrator
in the Interest of justice or when mutually agreed by the parties.
(c}
It is hereby agmcd that witness fees shall not be considered as arbitration
fees or expenses, and arrangements to compensate wlb~eseas, whether
such wib,esses be firefighters or not, shall be mede by the party calling the
witnesses, and neither party shall be required to pay for witnesses of the
other party. AJI 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 calked by them.
(d) Nothing in this agmcment shall prevent the Association r, um charging non-
members a reasonable fee and expenses for representation, in accordance
with Its by-laws and other applicable law.
Section 5. Pavm~ while Partlcluetln,, In Orlevarme and Arbitration PrmaKlu~.
Union officials and members participating in the gdevanca and arb;E-~)n procedure In
an official capacity shall receive full pay while pedorming the duties required under ~
previous sections. This shell Include rite Union representative of tt~e aggrieved employee
at Steps I through 3 and the Union President and Chairman of the Union grlevanca
comrnittea and such other Union officials equal in number to the size of the City's
arb;~u~,[ion team, if mom than two (2), excluding legal counsel.
Section 6. Aueeal~ From Promotional Bvgam~.
An employee who is bypassed for pmrno'don pursuant to Chal:~ter 143, Section
143.036, may appeal such decision to arb;E-;~on within ten (10) days of receiving
notice thereof. The notice of bypass shall state the Chiefs reesor~ for such bypass. The
employee's apt~eal shall be in writing and shall be filed with the Director of Human
Resources. Said appeal shall be decided by one (1) arbitrator chosen In accordance w~
this policy. The City and the employee shall sham equally the arb~b~,[;o~ fees and
expenses, except where the Union represents the employee it shall pay his sham. W~
respect to promotional bypass, the employee shall have such right to appeal the
arbib~,k)r's decision to district court as he is given in Chapter 143 to appeal the
Commission's decision, and no greater right.
32
A. Notw~h~l~ the provisions of Chapter 143 ~ the Local Government Code ~
any uLhe~ prov~lons of this co~'~t, the Chief shall have the authority to suspend an
employee for ~ period of t~ne not mom than thirty (30) calendar days ~ saki suspension
subject to alii. Appeals by an employee ;..~rn a demotion, b~mporar~ ~, ~
indefinite suspension under Chapter 143 shall be detmmlned by fl'm mbltmtlon procedure
B. Disciplinary action may be taken against a Flmflghter wffi'~ln slx (6) months of the
discover/by the Chief of conduct by the Flreftghtor which wo~ld consStute a felony and not
thereafter. Provided that such limitation shall not prevent dlacipllnmy action against a
Fireflghter baaed upon his conviction for any such crime no~dthstandlng that discovery o~
· e conduct o~ which ffm conviction Is based occun'ed more than six (6) 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, regardles~ of the date of discoveo/.
C. Prior ~ any such disciplinary action, the employee shall be glvan w~-i~u~n notice of
contemplated disciplinary action, =[~[Ing the action or actions contemplated and the
masons therefore, and notifying the employee that he may rebut the charges to the Chief,
either orally or In writing, within a reasonab~ time, which time shall be stated In rite notice.
D. After the notice and opportunity for rebuttal provided In the preceding paragraph,
the Chief may demote, suspend or terminate an employee by parsonal service on the
employee of a v.-i"u=n statement of charges, ff the Chief should be unable to secure
personal sm'vice after due d~;~ence, service may be made by mailing it to the employee by
ce. Lirled mail, reflJm receipt reques'md, in the mail addressed to the employee's last known
shall be sufficient to support any disciplinary action.
E, A copy of such s~'mment, along wi~L~ a copy of the notloe of contempO'md
diacifginar~ action, shall be promptly filed ~ the Director of Human Resources of the
City.
F. The vn~"mm sl~tement ~halt point out the particular rule or rules alegecl to have been
statement shall i,~form the employee that he has ten (10) days aff,-r recell~ b'-~reof to ~e a
written appeal wlih the Director of Human Resources. ff alternate service b had aa
provided herein, the employee shall then have ten (10) days fmrn service upon ltm
G. Appeal from mmpension, terrnlna'don or demotion shall be decided by o~e (1)
33
H. Upon receiving an appeal from an employee, the Director shall act immediately to
notify the Asmx:iatJon and the Chief of the appeal to arbi~u;Jon. The employee and
City (the parties) shall attempt to mutually agree on an arb~ba~ur. If the parties fall to agree
on an arbitrator wiLhin ten (10) days after the appeal Is filed, the Director shall Immediately
request a list of seven (7) qualified neutrals from the American Arbrcmtlon Association.
The parties may mutually agree on one (1) of the seven (7) neutrals. If they do not so
agree, the parties shall altemately stdke the names cm the list within five (5) worldng days
after receipt of the list, and the remaining name shall be the arbitrator. AJI par'des shall act
to complete the selection process at the eadlest possible date. The arbitrator shall be
immecliu[uly notified of his selection.
, The headng shall be commenced within such reasonable time as the arbil~ator
selected can be scheduled. If the arbitrator selected cannot comrnenca the hearing within
sixW (60) days from his selection, either party may within two (2) days of so leamlng, call
for selectioe of a new arbitrator, and if the parties cannot agree upon a subaEb. Re within
one (1) day of so leaming, another arbib-a~ur shall be selected from a new list of seven (7)
names immediately requested from the American Arblb,aGon Association, according to the
procedure set out heroin. The hearing shall be scheduled so that it can be coml:~a~:l
wilt,out break, in consecutive calendar days (exdudlng weekends and holidays). The
arbitrator shall make an award within thirty (30) days of ~ dose of evidence In
conventional arbi~u~n hearings. Post hearing briefs shall only be permitted in
conventional arbib~,Lion hearings, and must be mailed to the arbruuiur wiLhin seven (7)
days of the close of evidence at the hearing.
J A stenographic transcription of the proceedings shall be mede only upon wH-mm
agreemer~t of the parties pdor to the commencement of the headng. Should fi'mm be no
agreement, the party desidng the transcript may have the transcript made at Its sole
expense.
K. The award of the arbibator shall sta~, which particular factual chargse he finds to be
true. if any, and Itm particular rules he finds such conduct to have violated, If any. Where
the charges am upheld, the award shall state whether the discipline Imposed le 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.
L. The fcdlow~ng mi(N} shall govern the conduct of hearings under this section, and of
certain preliminary matters:
(1) Upon request of either party addressed to the opl:,3slng party at least two (2)
days prior to the da~e of headng, ltm parties shall exchange the names of
witnesses ex~ to be called at ~ headng. Upon failure of a party to
disclose such witnesses, the arbi~u-a~r may exclude their teelJmony.
(2) The arbitrator shall have the power to subpoena witnesses, records, and ob'~r
evideflca. Prior to the headng, the Dire,,,;b.,r of Human Reaou~ shal Issue
subpoenas requested by the parties In the name of their arblbulor. A party may
34
apply to ~ a~it~ator t~ quash a eubp~na so issued.
(3) In all hearings under this section, the ~rden of proof shaR be upon U~ City.
(4)
The parties, In writing, may request discovery from each other concemlng the
case. Should the other party not agree to provide the requested Inf~[.]al~x'l
within thmc (3) 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 arbltu-a'u.,r shall consider the
burden and expense of producing the info,.ation, the rm~cd of rite requesting
party, the amount of time available prior to the hearing, and such other mattem
as he may deem material. In no event shell discovery be permitted to delay the
hearing, and in no event shall discovery be requested within three (3) days prior
to the hearing.
(5) Ail headngs shall be public unless it i6 expressly agreed in writing by the parties
that the headng shall be closed to the public. In any event, the final decision of
the erbi'~a~or shall be public, although public announcement may be reasonably
delayed upon request of the parties.
Unless otherwise provided in this cor, t, act, the conduct of the headng shall be
governed by the rules of the American Arb;huron Association.
M. The Arbib~[or shall have all powers vested in the Commission under Chal:~er 143,
and the Commission Rules, with respect to suspensions, terminations, and demotions,
except the power to amend such rules.
N. Any not,ce 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 w;G, the Director of Human Resources of the City.
O With respect to terminations, temporary suspensions, and demotions, the empk)yee
shall have such right to appeal the arb;b,-,~r's decision to district co,Jrt as he is given in
Chapter 143 to appeal the Commission's decision, and no grea~er right.
P. Unless othem~se provided in this conb~'t, in cases of conflict, the provisions of this
contract will control over Chapter 143, Civil Service Commission Rules, and American
Arbi~ation Aesocia'don Rules; and Chapter 143 and Civil Service rules promulgated
pursuant to it shall control over American Arbitration Association rules.
Q. The City and the aggrieved employee shall share equally the fees and expenses
the arbi[,u[;on. Where the Association represents the employee, It shall share equally the
arbitration fees and expenses w;[h the City. Nothing In this agreement shall prevent the
Association from charging non--memhem a reasonable fee and expenses for
representation, In accordance with Its by-laws and other aPl~lcable Law.
35
All haarlnga which are ~ to be completed In one (1) day shall be eubrniffed for
exp~lited arbitration. On all other hearings, the pa~es may agree to request expadlted
R. Any deadline or time restrictions set out in this contract wi[h respect to disciplinary
proceedings may be modified by v,i[ten agreement of the parties. However, neither party
may be compelled to waive its dght to insist upon the deadlines and time restrlct~ns
provided by this Contract.
S Susl)enslons by Aareement. The Chief may suspend an employee for a perled of
time not mom than sixty (60) calendar days provided that 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.
ARTICLE XII
HEALTH &
The City and the Union, having recognized ~ cooparaLion be(wean management and
employees ia indlspaasable to the accomplishmant of sound and harmonious labor
relations, shall jointly mal.~ln and support a Labor Relations Co~nlttee. The
Labor-Management Committee shall consider, discuss, and recommend to the Chief or the
City any problems pertaining to the employment conditions of employees. The Unio~
shall designate Its reprssei~[~iJves. The City shall designate Its mf:)resenta~s. The
Labor-Managernent Committee shall meet quarterly or at the call of eilher the Union
membem or the City members at times mutually agreeable to both parties.
The City shall fumish all Firefighters ide,,iJ;'~tlon cards bearing the member's name,
photograph, rank, employee number, and containing a space for the signature of the
member.
Section 3. I-k~lt~ Irmumnce lnd Life Premiums.
A. The City agrees to provide one or more group health plans for flreflghters.
(1) Effective September 1, 1994, no employee covered by Cit..am Fire may select
health Insurance coverage of any other plan offered by the City. Employees
covered by Humana or Plan II may select coverage under CltlCare Fire during
(2) BI-weeldy premium ~ for CrdCam Fire as of .auJgu~t 1, 2004 am a~ follows:
36
Employee
Employee & Spouse
Employee & Children
Employee & Family
Employee Cost City Cost
$34.94 $97.53
$115.01 $177.59
$98.63 $161.22
$164.43 $227.01
When the Bene~iL~ Manager for the City, applying reasonable and prudent fund-
management principles, determines that an increase in premiums is necessary resulting
from a comparison of premium revenues versus Insumrme claim co~ and projections, the
increase in premium costs shell be shared on an equal basis by the City and em~oyees
(50% City - 50% employee). Premium increases for CitiCare Fire will be based exclusively
on the performance of CrdCare Fire as a separate group. No Increase in premiums shall
take effect until the Union Is notified in person and In writing. A minimum of thirty (30) days
notification of the pending Increase and the reasons for the increase shall be given. City
records documenting the need for the increase will be made available to the Union in e
reasonable and firnely manner upon request.
~3) The City retains the right to negotiate with mad~l pm dem ~ bene~ta and
coverage under Cl'dCam. The City agrees that the Fimflghtem under CltlCam Fire
shall be able to utilize the prefe,,~cl provide~ program negotiated by the City for
Ci'dCare at the fa~es negotiated, with covenage provided In the CitJCam program
as revfm)d ;,urn ama to time. Flmfighters covered by ClfiCare Fire shell have ~
following deductibles, co-pays and rmudmums:
~,. $100.00 individual annual deductible ($300.00 maximum per famlty).
B. 85% (City) - 15% (employ=c) co-pay after the deductible Is me~ for services
provided by CltiCam's preferred provider.
C. 80% (City) - 20% (employee) co-pay for services provided outside the
CitiCam network in an emergency situation or services provided outside
the network as the result of referral by a CitlCam provtder.
O. 70% (City) - 30% (employee) for services provided outside CltlCare's
preferred provider net-work system ottmr than those in Section C.
$525.00 annual out-of-~ maximum per employee or dependent
$1,575.00 per family (exclusive of the deductible amou.[~, subject to the
lifetime maximum benefit in the CitiCam Fire Plan)
(4) The City retains the right to withdraw from the Humana Health Plan.
B. Retiree Health Insurance Coverage
Employees who ,etJm under conditions of disability in accordance ~ the Corpus
Chdsfl Fireftghters' Retirement System or Social Securtty or under regular
retirement under the Corpus Christi Flreflghters' Retirement System or under
Social Security after ten (10) years of continuous service with the City shall, along
with flqeir previously participating spouses, and otherwise eligible dependents, be
eligible to continue participating in the city's group health insurance Public Safety
CrdCare. The Union recognizes that the premium coat of such cor~nued coverage
for retired or disabled fireflghters and dependents exceeds the premium cost of
identical coverage for active employees. The premium cost for such former
employees, their spouse and dependei~t~ shall be the responsibility of the former
employee. Coverage shall remain in force for said former employee while paid.
,'2)
Coverage shall remain in force for a spouse of such former employee whie paid
except as follows: The spouses' rights shall continue after the employee's
but shall terminate upon divorce or remarriage.
[3)
Coverage shall remain In force for a dependent of such former employee, while
paid, until such dependent becomes Ineligible due to age or marriage as defined
by the plan offered.
(4)
Such former employees, spouses or dependa,,l~ age sixty five (65) or over or
otherwise eligible for Medicare am required to participate In Medk:are A & B in
order to remain eligible for coverage.
C. The City agrees to pay to the Union a contribution equal to $15.00 rnor~ per
emp4oyea, which the Union agrees to use for supplemental insurance programs for ac~ve
or reGred Flre?(ihtem. In addition, the City shall pay to the Union August 1, 1995, and each
August 1 thereafter $75,802 for the Corpus Chfis'd Fireflghters Health and Ben~lt Trust.
Effe~lve August 1, 1998, the $15.00 per month contribution per employee shall Increase to
$30.00 Effect~e upon execution of this agreement, the City shall con'~bul~ a one Ume
lump sum payment of $13,000.00 to the Union for use for supplemental dental Irmurence
programs for active or retired empk)yees.
D. The City shall provide basic life insurance coverage for each Fi,~ghter equal to the
Flref~ghter's annual salary.
Section 4, Disability.
No sick leave shall be charged for injury or Illness sustained in the fine of duty.
Employees et~all be paid leave In an amount not to exceed their regular salary aa provtded
by SecUon 143.073, Chapl~r 143 for Injuries or illnesses occurring In the coume of
employment.
38
The use of m~-ued ~ck leave may be granted to any FI~ at ltm dlecmtlon of the
Chief for job-misSal illnessas or injuries alter injury leave has been exhausted. For
purposes of line of duty illness or injury leave, 'line of duty illness' sha# be defined es an
illness w~ich has been directly and substantially caused by the duties of ffm position.
Provided, however, that this definition applies only to a line of duty illness under Sect]on
143.073, Chapter 143, and is in no way intended to govern the payment of bene;;~ under
t~e workers' compensation statutes, which beneri'~s 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 tkne his disability
commenced. A 'permanent disability' Is an Injury or Illness which disables a Flreflghter to
the extent that it cannot be said in reasonable medical probability that he will be able to
return to full duties within one (1) calendar year r¢om the date that the Fire Chief determines
in w, iting that I~ disability is permanent. Upon termination for permanent disability which is
non-job related, the Flrefighter shall be entitled to a lump sum payment for all his
accumula~,d sick leave, and for accumulated vacation leave not In excess of the limit
established by Artide XII, Section 5 of this Agreement. Upon termination for permanent
disability which Is job-misted, the Fire~']ghter shall be e.~;i~ed to a lump sum payrne~t for any
injury leave he may have remaining out of the one (1) year provided In Chapter 143, Section
~.43.073, all accumulated sick leave, and for accumulated vacation leave not In ex=ess of
the limit eatabiished by .au'tide XlI, Section 8 of this Agreement. Ail such payments shall be
calculated and compensated as of the da~e the employee is determined to be perrnanen'dy
disabled and shall not inctude additional a__~u_ al of sick leave, vacation, or holidays beyond
that date. The procedure for determining the permanent disability shall be as follows: In the
event the Chief determines after consultation with the City designated Physician that a
Firefighter ~s 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 rite
Pensi(x3 Board, in wrlUng, 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 doc~,m. Provided, however, that the third doctor must be
approved by the City designated Physician. The d _oc~__r designated by the Flr~flghter shall
be paid by him. The u~,er two doc~m shall be paid by the City. The decision of a majority
of throe physicians as to whether a parmanent disability as defined herein exists shall be
final
A Fimfigh~br who has pmvk3usly been terminated due to disability may, if fmJnd to be
otherwise qualirmcl within two (2) years of the termination da~e for dleabilty by the Chlof,
be eligible for mappol.b,,ent at the same rank upon cerlJflcati(m by the Clty's designated
Physician that he or she has recovered and physically is able to perkm~ full dudes.
39
84ction 5, ~l~k ~ ~ lind R~rornent Pool.
A. Each Flrefighter shall accumulate fittsen (15) days of sick leave ~ pay per year.
Effective January 1, 1988, the Sick Leave Retirement Pool will have a rnaxlmum balance
of 2.000 days. Quarterly accounting will be maintained to provtde a current balance of
such days. Days used in accordance ~ provisions outlined below will be deducted from
the pool until it roaches a minimum of five hundred (500) days, at which time two (2) sick
leave days per Flrefighter per year will be transferred from his/her Individual account Ink)
the pool until the pool reaches its 2,000-day limit.
The Pool shall be used to compensate Firefighters who reGre, during fl3e term of this
contract, other than on disability retirement, with more than ninety (90) days of accrued
sic~ leave to their IndMdual 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/her 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/her Individual credit shall be limited to the following
amounts, according to the employee's time In service.
Less than 4 full years of service: zero days.
(2) 4 full yearn of serwce: not more than 30 days.
(3)
(4)
(5)
(6)
(7)
(8)
5 full yearn of service:
6 full years of service:
7 full years of sandce:
8 full years of semce:
9 full years of service:
10 or
(9) 20 or
(10) 25 or
not mom fi'tan 40 days.
not more fl3an 50 days.
not moro than 60 days.
not more than 70 days.
not more than 80 days.
more full years of servtce: not mom than 90 days.
more full years of service: not mom than 1 50 days.
more full years of service: not mom than 180 days.
C. If a Flreflghter dies, any and all amounts he or she would have been entitled to under
this section, or the entire amount of accumulated sick leave, whichever is greeter, shell be
paid to his or her dependents or estate.
D. The parties agree that t~ payment of accrued sick leave as ixovided by m law arxl
this co~buct shall be based only on base satary, longevity pay, certJflcatJon pay, end
assortment pay as per current payroll practice which is in compliance with ~u~, law and
not in vtolaflcm of Ibis agreement and prior colle~ive bargaining agreerr~[[~. This
provision will prevail over the provisions of Ibe Texas Local Government Code Section
143 045. Appendix E sab~ forth the pay methodology for eligible accrued sick leave.
The City shall pay for Ibe cost of toxicology reports in ins[an(es where a Firefighter dias
as a result of an on-lbs-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.
Section 7. Mandatory Dm- Te~flnn.
The City and the Union mutually agree Ibat Firef'~ghters may be called upon in
hazardous situations without waming, and that it is imperative to the Interest of
and the public to assure that Firaflghters am no{ substance-impaired. In order to furltmr
their mutual Interest In p,u[ecting Flreffghtem and the public, the City and the Union agree
to testing, as described in the Fire Department Drug Policy attached hereto as Afh~chment
'1". The City Manager, Fire Chief and Director of Human Resources shall be included in
the testing process. The fair and impartial statistical basis (in which each flreflghter has
an equal chance of being selected) shall be by a non-discrlmlnu~ry computerized program
operated and cerltfled as non-discriminatory by an independent firm hired by the City, and
the ernployee shall be tested promptly upon being selected by the computer. No group (as
defined by the Fire Depafb[mnt Drug Policy) shall be tested more than once In a six (6)
Discipline shall be In accordance with the Fire Department's Drug Policy and the CMl
Service Commission Rules and Regulations.
The sample for testing shall be a split sample. The test shall be a Fire Depa[b]tent five
(5) panel test as set out in the Drug Policy and shall be sent to N.I.D.A. Certified
Laboratory for teaang. No changes can be made to the language dealing with the
provisions of lyre Corpus Christi Fire Departrnent~s AJcohoi and Drug Poilcy wfltxxJt
agmc,ment by both the City and the Union.
Sect~m 8. Accrual of Vacation Days.
NI Firer~hters hired after SeptJember 1, 1998, shall be allowed to accrue unlimited
vacation leave hours (Includes holiday leave hours), but upon re~mment, realgnatlon, or
termination Ibe Flreflghter shall no{ be paid in excess of four hundred and eighty (480)
hours for forty (40) hour workweek employeas or seven hundred and twenty (720) houm
for twenty four (24) ho~r shift employees. AJI Firefightem hired on or b~ure September 1,
1998, shall be allowed to accrue unlimited vacation leave houm (Indudas hotiday leave
hours), but upon retirement, resigns'don, or terminatioe ttm forty (40) hour workweek
Firefighter shall not be paid In excess of an amount equal to saves hundred and twenty
'[1
(7'20) hours plus the amount the Flfu?~h~er had on the books aa of December 20, 1998. If
the Fireflghtor is on the 24 hour shift, the Flmfightar shall not be paid in exceas of an
amount equal to 1080 hours plus the amount the Flrefl~%~er had on the book8 as of
December 20, 1998. Appendix E sets forth the pay methodok:)gy for aliglble vacation leave.
The City re~ains the currant practice of perm~dng Fireflghters to sell one (1) day of
vacation for each day of vacation taken to a maximum of five (5) days per year.
Firef~hters can sell back only such vacation leave in excess of thirty (30) days accrued
vacation leave pursuant to this provision. However, effective August 1, 1998, each
Firefighter may sell back to the City two (2) days of vacation leave for each day of vacation
leave takan dudng the year not to exceed a total of ten (10) days. For purposes of this
Agreement, a Firefighter working a twenty four (24) hour shift shall be permitted to sell
twelve (12) hours of accrued vacation leave per day notto exceed one hundred and twenty
(120) hours (10 days times 12 houm) per year. AJI other Fireflghters worldng forty (40)
hours per workweek (regardless if on a 4-10 schedule or 5-8 schedule) shall be allowed to
sell back eighty (80) hours. Appendix E sets fc, U, the pay meth~ for eligible veca'don
sell back.
The City shall dl~blbute funds In cash or as contributions to a defea'ed compensation
Hen or as otherwise directed by the Fireflghter. Any co=[= incurred for fl'm transfer of
funds for disbtbtYdone other than direct payment to the employee shall be rite reeponsl~llty
of the Fif~rghter. The City may require that the Fireffghter release and hok:l the City
harmless for any penalties or other liability Incurred by the City as a rasult of allowing the
Fireflghter to defer compensation under this provision. The City shall not be required to
make a payment to a defe,ud compansetlon plan or o~er plan if it is detmmined, In the
City's sole discmlJon, that such payment or dis~ibulJon is not In compliance with all
applicable laws, rules, and regulations.
ARTICLE Xlll
bEGA~ PROC;DUR;=$
The City vail provide a legal defense to any Firefighter in a civil lawsuit, on account of
any action taken by such Fireflghter while acting within the course and scope of the
Fimfighter's employment for the City of Corpus Christi. The City will also provide legal
defense for a Fiful]ght~r when he or she receives a bul]]c citation as a result of being
involved In a b'afflc accident while making an emergency mn b3 the scene of a tim 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 tt~e employee's d~;unse,
does not assume any obligation or liability not other~se ImlxxJed by law and does not
expressly or implledly waive any Immunity or defense which is available to l~e City. The
City shall assume no obligation not otherwise imposed by law for any Judgment which Is
rendered agaln8t an employee. The City Manager may in his discretion ,~,;das a legal
42
defense for an employee where there are indications of intentional acts, gross negligence
or reckJeseness 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
c, ase
( 1 ) The Firefighter shall notify the Fire Chief of any daim being made against such
Firefighter not later than ten (10) days [rom the date that such Fimflghter
received notice of such claim, and shall request the City to assume the defense
of the Fimflghter regarding such claim. The City shall require that such request
be made in writing.
(2) If suit is brought against such Fifu['~hter, such Fireflghter shall Immediately
forward to the City Attorney every demand, notice, summons or other process
received by him/her within twenty four (24) hours of receipt.
{3) Such Fireflghter shall coope,-a',~, with the City and, upon the City's request, shall
assist in making settlements, and the conduct of sues, and In e.ru~-dng 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 headnga and
and assist in secudng and giving evidence and obtaining the attendance of
w, bmsses
ARTICLE XJV
A880CIATION H;p~ TH AND BI=N;FIT TRUe1'
Section 1. Trust Cnmflon.
The City and the Corpus Christi Fireflghtem' Ass~at~n agree mat ate Asseca~lon
Health and Benefit Trust is the sole responsibility of the Association and that the City has
no involvement In the Trust.
Section 2. Indemnlflcat~n.
Th~ Association shall defend, indemnify and ho~d the City harmless from any and all
claims, legal ac'dons, liability, damages, and expense brought by any parties in connection
with or arising out of the of)em[ion or adminiatraflo~ of t~ Trust.
43
ARTICLE XV
IMPASSE PROCEDURES
PART I
NegoUabons for a new contract shall commence In accordance with The Fire and
Police Employcc Relations Act (the 'Act') and Article VII, Section 2 of this contracL If
impasse should be reached as defined in Section 174.152 of the 'Act', either party may
request mediation, and if mutually agmcd upon, the parties shall Immediately proc=cd to
choose one mediator as provided heroin. The function end powers of med[uk~r shall be es
specified In Section 174.151 of the 'Act'. The mediation shall extend for fourteen (14)
calendar days. If no agmernent is roached through mediation, upon request of either
party, the parties shall submit the dispute to one Factflndar. The selection of the meclla~r
and the Factflnder shall occur as foilow~. When either party reque~[~ mediation or
factfinding, the parties may agree to choose any mediator or Factfindar or meltKxJ of
choosing same. If no agreement occurs within five (5) days ~,um the request, rite parties
shall request e list of seven (7) neutrals from the American Arbi~aEon Association (AAA).
Upon receiving the list, the parties shall select the mediator or Factflnder by altemate~j
striking names. The request to AAA shall state the dates on which the neutrals must be
available. The meclia~r and the Factflnder shall be selected wiG~in five (5) days after
receipt of the list from the AAA. The fee and expermes of rite mediator and the Factflnder
shall be split equally between the City and the Union. AJI other expenses, Including
witness fee~, shall be paid by the party incurring the expense or calling the wttnmm. By
agreement, the parties may submit any Issue or issues to the Factflndam. If no such
agreement ~s reached, then each party shall be erfdtled to submit two pmpo~ds to rite
Factflnder, each proposal on one (1) distinct topic. For example, each of the~e conatltute
a distinct topic: salary, dependent health Insurance coverage, promotional procedures,
political activities. Each party may submit its two (2) proposals, and ~ alternatives to the
other party's proposals.
The Factfincler shall conduct a full and fair headng on the Issues submitted to him. The
headng shall be informal and ~bict rules of evidence shall not apply. After headng all
evidence offered by the par'des, and any evidence requea-'u~l IndapendentJy by the
Factt~nder, the Factflnder shall render a wrttten decision malting findings of fact and
recomrnendatlons as to all matters In dispute. In the opinion, the Factflnder shall exercise
h~s independent judgment and shall not attempt to "split the deference.' Where an issue la
submitted to the Factfinder in the form of a proposal and an alternative to it, b~
Factfincler's decisio~ with respect to that issue must recommend either the proposal or the
alternative. The Factflndar's decision shall be submitted to the City Council. It shall be
aclvi~ory only, and the City Council shall be free to accept, reject, or modify the Factfinder's
recommendations, or any of them.
In mak~g the findings of fact and recommendations, b'm Fectllnder shall ccmslder the
fcilowtng evidence submitted to him by b"m parties or o~;-Ined at his direction; the overall
compensation in tyro current co[]buct inciuding direct eatery end fringe benefii,~; the income
available to the City and dm'nands on that income; a comparison of wages, houm, and
conditions of employment of Corpus Chdsfl Flreflghters with the wages, houm, and
conditions of employment of other public and private employees pedo,,,,Ing slrnllar
services and with other employ=~ generally in pul:dic and private employment In
comparable communities and in Corpus Christi; the hn~'~rds of emp~nt, physical,
educational, and mental qualifications, job b'aining and skJls required of a Corpus Christi
Fimf~ihter, the cost of living in Corpus Chdsfi reiafive to other communities; the rate of
increase in the cost of living for the preceding twelve (12) too. U, 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 the wages,
hours, and conditions of employment of workers other than Corpus Christi Flreflghters,
offered as a comparison, the Faclfinder will determine the comparability of such other
workers without regard to whether or not they engage in ceile,:4hre bargaining wlU~ their
employers,
PART II
In light of the availability of factfinding as a means of Impasse ras~utlon, as provided
above in Part I of this Article, the parties agree that binding arb~u[k~ Is not necesse~y for
the rasolufion of impasse, consequently, the partlas agree that neither will request the
submission of unrescdved issuas to arbi'u,~Gon under the 'Act', or any uU~sr statute. City
Charter provision, or ordinance; any such request shall be void and IneffeciNe.
Addi'donally. the Union w;U,:lraws its support of any pmpoead Charter amendment that
would provide for compulsory binding arbitration in the event of Impasse. Specifically. the
Union makes the following promises:
It will not bring any legal action seeking to force an elecUon on such a proposed
Charter amendment or seek e,,[~,roement of any court order requiring such an
election on compulsory binding arb;'uaGon;
(2) It will not circulate a patYdon bu;um July 31, 1983, calling for an eiectlon on such a
proposed Charter amendment on compulsory binding arb;;,-Gon;
(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 p~eclges its coopemtk>n and the coopera'~on of its membam in aiding the City's
attempts, if any, to effect a wffi'~lrawal of the writ of mandamus Issued In
International Association of Flrefighters, at al. v. Luther Jones, e( al., Cause No
79-2968-E, 148th District Court. Nueces County, Texas. This coopemUon shall
inciude, but shall not be limited to, the joinder of the Union, and of its membem
who am plain;;;T,, in the above-ca~ lawsuit, in a Motion to Vacate Writ of
Mandamus, or similar I~eading;
(5) If a Charter amendment elecUon is ultlmataly held before July 31, 1983, on a
proposed amendment that would provide for compulsory binding a~;,.,Gon, the
Union will no~ lend its support, public or otherwise, to the passage of such
pn)pesed amendment on compulsory binding arbitration. 'r'he 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 f, um any duty to comply with
it. The above promiso~ of the Union are cumulative, compliance with one or mere
of [hem will not relieve the Union of the duty to perform the remaining promises.
Likewise, une.['urceability of any of the promises or Impossibility of perfo..ing any
of the promises whether due to the legal invalidity or other cause will not relieve
the Union of the duty to perform the remaining promises.
ARTICI ~= XVl
DURATION AND CONCLUDING PROVISION8
~ectlon 1. Dijrallon.
This agreement shall be effective as of date of signing and shall remain In full force and
effect until July 31, 2005, and thereafter until superseded by a new co~qbuct.
Section ~. 8ever-~llitv.
If any arlJcle or section of this agm~--*-nent should be found Invalid, unlawful, or
unei~on:eabte by ream~ of any exJs'dng or subsequent enacted legbdation or by Judicial
authority, all ob'mr articles and secUons of this agreement shall remak~ In full force and
effect for rite duration of this agreement.
$~-dJon 3. Cooflk~t w'~th CMl 8~rvl~ Statute.
To fl'm extent that any of ttm provtslons of the agreement conflict wffi't Chapter 143 or
any othor State Civil Service Statute, the provisions of the agreement shall control and the
applicability of such statutes am altered accordingly.
The City shall provide mn'ftc, lent copies of this agreement, wfl~x.~t alt~u;;on, so that
every employee covered herein shall have a copy. The City shall bo resporml~e for the
distrib~Jfion of b"m copies of this agreement to members of the bargaining unit.
46
CONCLUDING PROVISION
IN. WITNESS WHEREOF, we have executed this agreement this
"~'-~ ~t ,2005.
CITY OF CORPUS CHRISTI CORPUS CHRISTI FIREFIGHTERS
ASSOCIATION LOCAL UNION 938
~'eorge/~S~ Noe, CITY MANAGER Cados Torres, PRESIDENT/
/'~ETARY
/~A~ay of
APPROVED:
4'7
A~lnt 1
Fire Del:)n ment' Alcohol nnd Drug Policy
A. INTRODUCTION
The Corpus Christi Fire Depa~b.ent has a responsibility to provide the highest levei of
public safety service attainable by a City. AJI employees of the Depa~b~mnt share In this
responsibility. The sensitive position of all firefighters involved In tim suppression and/or
emergency medical services or other assigned duties requires assurance Itmt them bi no
usa of illegal or prohibited drugs. It also requires assurance that flreflgh~ers am rtot under
the influence of alcoho~ while on duty.
The City of Corpus Chdsti is also obligated under the Drug-Free Workplace Act of 1988
to provide and maintain a workplace free of Illegal or prohibited drugs.
B. EFFECTIVE DATE AND EMPLOYEES COVERED.
The amandrnents provided by this policy be(oma effective upon execution of tYro 1997-
2000 collective bargaining agreement beh~men the City and the Union and wtll be
incorporated if, to the Fire Deparbrmnt Gener~ Manual to be effective es of fi'mt date.
This policy applies to all swom personnel and i~,,inees in the Fire Departrmmt,
regardless of rank or assignment. AJI ctv~lan persoc~nel am covered under the cttywlde
policy (H.R. 15.0).
C. PROHIBITIONS:
This policy prohibits:
1. The usa, unaultxxlzed possession, manufacture, dbitrlbution or sale of Illegal drugs or
drug pamphemalla.
2. The unauthorized usa, possession, manufacture, diai~ibufion or sale of any controiled
substance.
3. The pm of a delilctabie level of any Itlegal drug or unaulttodzed co~,bu~led
substance or any metabolite of any such ~Jbmnce In We body upon being tested.
4. Being under the influence of alcohol or possessing alcohol while:
(a) operating or occupying any city vehicle at any time; or
(b) at any location dudng Itm flreflghter's woddng hours inciudlng all lunch and break
5. Use of alcoh~ while off duty in violation of CMl Service Co~ Rules and
Regu~aflona, and Chapter 143, Local Govemment Codec.
6. Unauthorized storage in any locker, desk, City vehicle or other repository oe City
premises or worksites of any illegal drug, drug paraphernalia, unauthorized co.builed
subs[armes or alcohol.
7 Switching or adulteful]ng any udna sample submitted for testing.
Refusal to consent to tearing and submit a specimen for testing when required under
this policy. Consent is indicated by signing any form required by the City's Medical
Advisor or labora~ry collecting the specimen for testing.
D Failure to pass any drug or alcohol test administered under this policy.
10. Reft. re, al to consent to Inspection of any desk, locker or other City property under a
fi,e;"~ghter's cor,[~ul when requested by a supervisor.
~ 1. Arrest or conviction for any drug or alcoho~'elated crime committed et any time.
12. Failure to notify the Fire Chief within five (5) days after a,¥est or conviction for any drug
or alcohol-rela~,d crime committed et any time.
13. Failure to report to his/her supervisor the use of any contr~led substance prescribed by
a physician or non-prescript]on drug which may Impair the fl,~,?~;Ihter's ability to safely
and fully perform his/her duties.
14. Failure to keep prescribed drugs in their original container which identifies the drug,
date of prescription and proscribing physician or provide other proof of drug
Drescriptio~ and prescribing physician.
15. Falling to adhere to the provisions of any agreement executed by the flreflghter which
requires beatment or counseling for alcoho~ or drug abuse.
DEFINITIONS UNDFR THIS POLICY
ILLEGAL DRUG: Inciudes heroin, cocaine, crack cocaine, cennablnoids (madJuane,
hashish, THC), PCP (phencydidlna), LSD (lysergic acid dlelJ'~jlamide) and any other
co~-~builed sub~nce not validly prescribed by a physician.
2. CONTROLLED SUBSTANCE: In(dudes all of the above Illegal drugs plus any other
substances covered by Schedules I through V of the federal Controiled Suba~nces Act
(21 U.S.C. 801 et seq.) or fl'm Texas Controlled Substances Act (Chapter 481, Texas
Hea~ and Safety Code). Co~bulled substances include amphe[amlnes, barbiturates,
methadone, benzodiazepines, rne~aquatone, morphine, codeine and anabollc
steroids, A controlled substance is 'unauthorized' if the flmfighter does not have a valid
prescription for that substance at the time of Its use or possessk:m.
3. CITY PREMISES OR WORKSITES: include all property, buidlngs, structures, job sltse
(where a fl~e;;ghter is working), parldng lots, and means of tranapod~flon owned,
leased, or ottterwise used for City business including rnok~ vehk:ies, equipment, or
49
FAILING A DRUG TEST: is defined as a confirmation of Initial test results which show
pomtive evidence of the presence of an illagal drug or unautho~u, ud co,,;~u~l
sub*~[ance in the body.
PASSING A DRUG TEST: is defined as initial or confirmation test results which do not
show evidence of the pre~ence of an illegal drug or unauthorized controlled substance
:n the body.
DETECTABLE LEVEL: ~s defined as a quantity of a drug or drug metabolite equal to or
greater than the detection limit for that substance as established by the testing
laboratory, with the Chief's and Union's approval.
E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
The fo#owing violin of this policy shall be grounds for termination.
a unauthorized ix3esesaion, use, manufacture, distribution or sale of any Illegal drug,
drug paraphemalla or cor,[,u~led substance while on duty, in a City vehicle or on
break time or.
13 use wtltmut atdtmdzation of alcoho~ while on duty or whle occupying any City
vehicie or during break period,
c. failing a drug test under.
(i) reasonable susplclon if the actions or behavtom resulting In the teat occurred
while on duty, on City property, In a City vehicle or on break time;
(ii) post-accident; or
(iii) rnand,~ury if Itm firefighter does not come forward and agree to e~er a
rehabilitation program and an agreement to periodic testing wffixx~ prkx
notice, before the results of the drug test are verbally given to ffm City by the
Medical Review Ofrmer (MRO).
2. Any flrefighter who violates any o~her provisions of this poilcy shall be disciplined up to
and Including termination.
F. DRUG TI=STING
Drug tearing will be conducted using a lalx~-a'u3ry certified by the Depa, b,ent of Health
and Human Services (NIDA). Chain-of-cauk;,dy procedures will be followed to account for
the integrity of each urine sample by tractdng its handling and uk.,mge from point of
specimen c~lection to final disposition of ffm specimen.
Each spedrnen submitted for tearing under this policy shall be ap~lt and a aampie Nmll
be reserved for an Indepeaclent analysis In the event of a positive re, alt.
Eacfl specimen submitted for testing under the testing provlMon of this policy with
excep'don of pm~cmployment, will be assayed for lyre presence of the following
compounds
50
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP np,/ml* ne/mi*
Amphetamine 1,000 500
Cocaine Metabolites 300 150
Marijuana 100 15
Metabotites 300 300
Opiate Metebolltes 25 25
Phencyclidine any b'ace any trace
*nanograms/mllllliter
The laboratory will also assay each specimen for signs of possible adulteration.
Specimen altefal;on assays will consist of two or more of ttm following:
Creafinlne
* Chk)ride
- specific Grav ,
Ph
Pre-employment b~stlng shall utilize the SAP 10.
The Initial te~t (aleo known as a ecme~flng test) shall be a enzyme Immunoasaay
screen (EMIT) to eliminate 'negative' urine specimens from further consideration.
If the initial test Indicates e po~Jve reault, a confirmation test by gas
chromatography/mass spectrometry (GC/MS) will be used to confirm the prem~x~ of e
specific drug or metabollte. The confirmation test shell be independe~ of ~ Initial te~t
and uses a different technique and chemical principle from that of the initial test In order to
ensure reliability and accuracy. For classes of drugs where GC/MS I~ not an approved
confirmation proceclum, an alternab%,e confirmation test will be used.
The Chief shall designate a Tearing officer wt~ full authority to order personnel
compliance to oversee the integrity of the drug testing procedures and general
administration of this policy. 'The Testing Officer's specific responsitfllltles end duties shal
be established by the Chief.
Drug te~tlng uncler thle poilcy will Include:
1. Pm-emnlownent: NI job offers am contingent upon pasaing a drug test. Ai)Plican'm
who fall a drug test will be Ineligible to apply for employment In the futura.
2. Postm~: Any firefigh[ur who, while operating a City vehicle, Is Involved In an
accident InvoMng e reality, ~erlou8 bodly injury or aubetantial damage to property,
shall be subject to drug and aJcohol testing. The declek)n to order ~uch tearing shall be
51
made by the Fire Chief. The test shall be performed as soon as possible at the order of
the Fire Chief.
Reasonable Suspicion: If Individualized reasonable suspicion exit;,, that any flreflghter
has used or possessed an Illegal drug or unauthorized co~-~bulled sub~;-nca or has
violated the alcohol-related provisions of this policy, the Chief may order the flreflgh~er
to submit a urine and/or blood specimen for alcohol and/or drug tasting.
4 Random Testing: The Fire Department shall be divided In~ 45 groups consisting of
the following work sites or groups:
Administrative Offices (Includes ~ City Manager, Human Resources Dlrec'a3r, and Fire Chief)
Training Center
Fire Prevention & Arson Investigation
Each Station will consist of 3 separate groups (A, B, & C shifts)
Three additional groups will be added upon opening of a new station.
Random drug testing shall occur by the random mn of one of the above wod( gmupe
or sites. The testing agency shall provide a computer-based random selection of the group
to be tested each mo.ll~. Two groups will be selected and tested each mo, IJ~. The Chief,
or designee, will notify the employees selected for a te~ within no mom than three (3)
hours of the testing. Any flreflgh~er either permanently or temporarily assJgned, Irmtudlng
members working tredes for regular flreflghtem, shall be subject to testing.
All testing will be conducted on site except for personnel assigned to Training, Fire
Prevontion & Arson, and Administration. Personnel not tested on site will be required to
report to a designated lab within 3 houm of no6flcation by their supervisor.
Employees on vacation, sick leave, other leave, or on City buslneas outside the city, will
not be nolfl=iod or have to take the test. If an employee group la selected mom than once
during a cortsectJttve six (6) rno,[h period, the employee group will not be required to teat
again for the rest of the slx (6) month period. An employee may be tested more l~an once
in a six-month period.
For purposes of eligibiity for re-testing, each six-rnonth period is any consecutive
six-months which begins with the initial test, and does not follow a calendar or fiscal year.
G. COMPLIANCE WITH POLICY
and flr ge m subject to ta ng wi, the opportunity to submit a list of
proscription and non-lxes~pt~n drugs they have used In th~ last th ty (30) days ar¢l
to explain the circumata~ces surrcxJndbg ~ use of such drugs ID rite MRO bufum a
decision regarding test results Is made.
52
2 Any fi,er~ghter who has agreed in connection with a prior violation of this policy to
submit to random testing for a prescribed period of time (maximum of one (1) year)
may be teated aa described In the agreement signed by the flmflghter.
3 A fir~f~ghter wiU, an alcohol content of .08% will be presumed to be under the
~nfluence of alcohol for purposes of this policy.
If the Medical Review Officer's (MRO) review of drug test results Indlcatse a
legitimate medical explanation for the confirmed positive test result, no further action
will be taken against the firefighter and an applicant will be eligible for him. If the
MRO's review determines there Is no legitimate medical explanat~n for the confirmed
positive test resu~ the firefighter will be subject to disciplinary action up to and
~nctuding discharge upon the fi,,,t offense.
H. MEDICAL REVIEW OFFICER
The Medical Review Officer (MRO) for the City of Corpus Christi will be a city's
Medical Advisor or any physician designated by the City Manager who Is a Ilcer~sed
physician w~ knowledge of drug abuse disorders and ca~ii;',ed as 8 Medical Review
Officer for dr~g testing.
The MRO shall review all drug testing results he receives and Interp,-et confirmed
positive test results to dete,,,,Ine if there Is an alternative medical explanation of ~
I. ALCOHOLISM AND DRUG Al)DICTION
While occasional or 'social' use of drugs and alcohol can become detrimental to rite
workplace and to persona hea~, we recogntz~ that alcoholism and drug addiction am
medical disorders which can be treated. The City of Corpus Christi believes It has a
reapons~illty to provide aasl~tanca to our employee8 through the Employee A88~
Program, but the initiative in aeeldng such help 18 the respormibllity of the flreflghter.
Fireftghtem who voluntarily seek diagnosIs and accept ~ for alcohol or drug-
related problems b~;'ute the prot31em becomes evident, will be offered rehabilitation help
on a strictly confidential basts using the leave policle~ curm,,Gy available for ~ hseith-
related problems. Whe~er volu~[ary or mandatory rehabllltetlon Is required, these costa
are the responsibility of the flref-~hter. Medical Plan Insurance may be used ~ the extent
provided under the individual's health insurance coverage. If misconduct or declining Job
performance brings illegal or non-prescribed drug or alcohol abuse proi31ems to light, the
fl,~ihter will be sub'~ct to approf)riate disciplinary ac~on.
J. IMPLEMI=NTATION OF DRUG-FREE AWARENESS PROGRAM
The Drug-Free Awarene~ Program wil provide 8n ongoing education afort for
firefightem to prevent and eliminate drug and alcohol abuse that may affect the
workplace. ThIs program w~ cove~.
53
1. The dangers of alcoho~ and drug abuse in the workplace;
2. This Ncohol and Drug Policy;
3. The availability of treatment and counseling for flreflghters volu,-,~adly seeldng such
counseling through the Employee Assistance Program; and
4. The discipline which will be imposed for violations of Ibis policy.
Supervisors are the "keys" to successfully Implementing this policy. Initial and
ongoing aupervfaory training will be mandatory for supervisors and will cover the
1. Identifying and documenting job performance and on-the-job behavior which may
reflect the Impact of personal problems;
2. Iderff~i~ evidence of on-the-job use or presence of alcoho~ or drugs;
3. Procedure for referral of troubled firefighters to the Employee Assl~nce Program;
4. Procedure for testing flreflghter suspected of vi(flaring Ibis policy;,
5. Con,L~ucflve confrontation techniques;
6. Orientation on drug procedures and technology;, and
7. Procedures for conducting wodq31ace inspections.
Trainees will he trained on this Policy at the Academy and new supervisors will be
Irained through recurring sessions provided oe the Training calendar.
K. RFCORDS PROCEDURES
1. RELEASE OFINFORMATION:
Requests for employment verlflceflon or references for an individual terrnlrta;~l under
Ibis I)o~icy shall be forwarded to the Human Resources Depa, b,,ant for response. For
Texas Ern~3¥n~nt Commission headng on granting unemployment Insurance, the
City wi{I cite a rules violation as the reaso~ for termination and will supply a copy of
the letter of termination which ~[es specific reasons. Where them is doubt about
the release of i.;'urmation, Ibe Legal Department shall be coesulted for guidance.
2. REPORTING CONVICTION TO FEDERAL AGENCY:
In compliance w~ the Drug Free Workplace Act, the Human Resources Department
will notify the appropriate federal agency within ten (10) days after receiving noace
from the flreflgh~' of a conviction under criminal drug statutes.
54
APPENDIX 'A'
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 938
Dues Title
Code Payroll No. Employcc No.__
Name_
(Last) (First) (MI)
Code No.
Social
Security No.
Address Zip Code
I hereby auUm~_~ ~ City of Corpus Christi to deduct, each pay period, ~ Bum of
$ as ce~Lir~ecl by the International Association of Fl[ef~htem, Local 938, ea
c~mt rote of dues or an amount as may hereafter be e~iabllshed by the International
Association of Flreflghtem, Local 936, as dues. This deduction is to be forwarded
dlrectty to t~e International Association of Flmflghtem, Local 938. The authorization of
this deduction is entirely voluntary on my parL
I understand that the City of Corpus Chdsfi will be o~lgated to f~mrd to the
Association only those Bums actually deducted and will not be Ilal~e for darnagas to me
for failure to deduct any authorized sum for any ma~.
S~gned
55
APPENDIX 'B'
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 938
Assessment Title
Code Payroll No.
__ Employee No. Code No.
Social
Name_ Security No.
(Last) (First) (MI)
Address Zip Code
I hereby authortze the City of Corpus Christi to deduct a special assessment In the sam
of $ as ce,~;i'.scl by the International Association of Flreflghtem, Local Union No.
936, for the express purpose of The authorization of this spectai
assessment deduction Is entirely voluntary o~ my part.
I understand that lyre City of Corpus Christi will be obilgated to forward to the
Association only tho~m sams actually deducted and will not be liable for damages to me for
failure to deduct any auffx>rlzed sam for any reason.
Signed
Date
56
APPENDIX 'C'
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code Payroll No. Empbyee No.__
Nsrrl~_
(Last) (First) (MI)
Code No.
Soc~l
Address
I hereby terminate the author~ion previously executed by me o~ (date)
for dues deduction for the International Association of Flreflghters, Local Union No. 936,
and request that the City make no further ( ) regular er ( ) special dues deductions under
said authorizat~n. This termination of dues deduction is entirely volui~anj on my part, and
I understand that the City or Corpus Christi will not be liable for fa~ure to promptly
effectuate this termination fo~ any reason.
Signed
Da~e
5'7
APPENDIX "D"
'rilE FORMULAS DESCRIBED BELOW ARE A CONCEPTUAL DESCRIPTION OF THE
CALCULATIONS AND DO NOT DESCRIBE THE EXACT COMPLrTER PAYROLL PROCF_SS.
A. CALCULATING FIRE SUPPRESSION OVERTIME PAY BASED ON 27 DAY WORK
PERIOD
In a 52 week. 365 day year. each suppression fl~e;'~hter is scheduled b3 w~rk a 24 hour shltt
every three days which equators to nine 24 hour shifts in each 27 day work period. Using the
FLSA 7(k) exemption, overtime for cycle hours Is due for hours actually worked from 204 to 216
hours in a 27 day work period. The 'Add Pays' inctuded in the calculations below are apt311cabte
Iongevffy, assignment and cerlJI;caflon pays listed in the Wages ,au-lJcle in the 2001-2003
Co~lecbve Bargaining Agreement as per the 1989 over'dme grievance resolution plus education
incentive pay, the EMS supervisory officers pay, and the Assistant EMS Dlre~ur pay when
applicable.
1. TO COMPUTI= CYCI E AND HOUDAY OVERTIME PAY:
Annual Ba~e Salery + Annual "Add Pays'
26 Pay Periods
Pay Period Selarv w/',N~I Pays'
80 Houm Per Coffa'act
.Pay Period Salary wi "Add Pays"
108 Hours
Pay Parled Salary w/"N;Id Pav~"
I-kxJrly Cycle/Holiday I;~,
Dock Rate (Regular rate)
= Hourly Call I~k/Ho~)ver Ra~e
(Hourly Call Back/Hok:lover Rate) x (1.5) = CaU Back/Hoktm.~ Overtime Ram
(Call Back/Honorer Overtime Rate) x (Call Back Houra:~ = Call Back OverbYr~ Pay
(call Back/Holdover Overtime Rate) x (Holdover Hours) = Holdover Overtlrne Pay
# Call Back is for time worked or 3 hour minimum aa par contract.
58
Annual Base Salary + Annual 'Add Pays"
26 Pay Periods
Pay Perkxl Salary w! "Add Pays"
2. TO COMPUTI= OTHt=R OV;RTIMI= PAY (HOLDOV~=R AND CAI I
(Cyde/Hollday Overtime Rate) x (No. of Holiday Houm Worked) = Holiday Overtime Pay
(Cycle/t-I~lday Overtime Rate) x (No. of Cycle Hours Worked) = Cycle Overtime Pay
(Hourly Cyole/H~iday Rate) x (1.5) - (Dock Rate) = Cyde/l-loliday Overtime Rate
B. CALCULATING OVERTIME PAY FOR TRAJNING/PREVENllON & 40 HOUR EMPI nYl:l=~
1, TO COMPUTE HOt]DAY OVERTIME PAY:
Annual Base Salary + Annual 'Add Pays"
26 Pay Periods =
PaY Period Salary w/'Add Pays"
80 Hours per Pay Period =
(Dock Rate) x (1.5) - (Dock Rate)=
(Holiday Overtime Rate)
Pay Period Salary w/'Add Pays'
Dock Ra~e (Regular Rate)
Holiday Overtime Rate
x (No. of Holiday Hours Worked) = Holiday Overtime Pay
2. TO COMPUTI: OTHER OVI=RTIME PAY FOR TRAJNING/PI~;VENTION & 40 HOUR
EMPLOY~I=S (CA~ ~ r~ACK}:
Annual Base Salary + Annual "A~I Pay's"
26 Pay Periods = Pay Period SaJary w/'Add Pays"
Pay Period Salary w/'Add Pays'
80 Houm Per Pay Period =
(Dock Rate) x (1.5) =
(Call Back Overtime Rate) x (Call Back Houm~
# Call Bad( i~ for time worked or 3 hour minimum as per co~Yu~.
Dock Rate (Regular
Call Back Overtime Rate
-- Call Back Overtime Pay
59
APPI:NDIX E
CALCULATING "DRAG-UP PAY' (VACATION AND SICK LEAVE) AND VACATION
LEAVE SELL BACK FOR FIRE EMPLOYEES
Pursuant to the Arb~[Jon Award of Arbibator Don B. Hays, dated October 19, 1988, In
AAA Case No. 71 390 0187 88, Corpus Christi Firefighters Association and City of Corpus
Chdst]. the Collective Bargaining Agreement on Wages overrides the stab,rtory calculation
of payment of accrued sick leave on separation. The components of wages contractually
agreed to be used in determining the houdy ,a~e for payment of 'drag-up pay' for eligible
accrued vacation and sick leave am applicable monthly base salary, longevity, ce,~;~'rcatlon
and assignment pays listed in Wages Article V of ff~e August 1, 2001-July 31, 2003
Collecbve Bargaining Agreement plus the EMS supervisory officers pay and the Assls[ant
EMS Director pay when applicable and excludes any other pays In any other Articles of
that or subsequent Agreements. The Award also requires the city to use me average 54
hours per week for 24 hour N'liff eml~loyees to determine the hourly rate for drag-up pay.
The formula below shall also be used to compute the amount paid for Vacation Leave Se~l
Back under Article 12 Section 8.
1, TO GOMPU'[I= :~,,40 HOUR SHIFT EMPLOY;I= "DRAG-UP PAY' AND VACATION
I I=AVE 8ELL BACK HOURI Y RATE;
(Annual Bae~
(26 Pay F'edo~) x (54 hour) x (2 week.pay perkxS)
2. TO COMPUTF 40 HOUR EMPLOYEE 'DRAG-UP PAY' AND VACATION I F,~,VE
SELl. BACK HOURLY RATE:
LA~lnual Base Salary) + ~tn~l m~. A,i~n~ al'K] C~tiflm F~} * = Hourly Drag Up Rat~
(26 ~ Perkxls) x (40 txxxs/week) x (2 weeks/pay period)
' Applicable wage componen~u listed in Wages ArlJde V, Secl]on 1-4, In August 1,2001 - July 31,
2003 Collective Bargaining Agreement IdUS applicable EMS supewisory officers pay and
Assistant EMS Director pay as described above.
60