HomeMy WebLinkAboutC2007-337 - 1/23/2007 - Approved AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS'
ASSOCIATION
August 1, 2005 THROUGH July 31, 2008
%00 NIS
TABLE OF CONTENTS
Preamble 4 3. Assistant EMS Director 19
4. Reassignment of Firefighter II
Article I-Definitions 4 EMT/Firefighter II Paramedics 20
5. Voluntary Demotion of Firefighter II
Article II-Recognition and General Provisions EMT/Paramedics 20
1. Recognitions 5 6. EMT Certification After Promotion 20
2. Amendments 6 7. Promotion to Firefighter II/Engineer
3. Prevailing Rights 6 20
4. Rulings and Records of Civil Article VII-Union Activities
Service Commission 6
1. Payroll Deduction of Dues 20
Article III-Nondiscrimination 6 2. Negotiating Team 21
Article IV-Working Conditions 3. Union Activities 21
4. President's Time Off 22
1. Work Week and Duty Hours 7 5. Other Union Functions 22
2. Personnel Assigned to 6. City Facilities 22
40 Hour Work Week 7 7. Access 23
3. Overtime 8 8. Orientation 23
4. Call-Backs 9 9. Action Outside City Limits 23
5. Illness. 9 10. Notification of Promotion 23
6. Holidays and Vacation 10 11. Parties to Select Their Own
7. Personal Leave 10 Representatives 23
8. Uniforms 11 12.Contract Administration 23
9. Mileage Allowance 12
10.Meals 12 Article VIII-Management Rights
11. Relief 12 1. Management Functions 23
12. Use of Sick Leave in the Event of Death 2. Rules and Regulations 24
Or Serious Illness in the Immediate 3. Noninterference With Personal Lives 24
Family 12
13. Assignment Preference Forms 12 Article IX-Employee Selection and Promotion
14. Reassignment from Fire Prevention 12
15. Station Assignment by Seniority 13 1. Orientation for Firefighter II Drivers
16. Employees Assigned to Specialized and Captains 24
Training 13 2. Promotional Examinations for
Firefighter IIs and Captains 25
Article V-Wages 3. Other Certification Requirements
1. Wages 14 for Promotion to Rank of Captain 25
2. Longevity Pay 14 4. Appointment of Deputy Chief and Assistant
Fire Chiefs 25
3. Certification Pay 15
5. Probationary Period for New
4. Assignment Pay 15 Employees 26
5. Working Out-of-Classification 16 6. Corrections to Entrance or Promotional
6. Education Incentive Pay 16 Examination Questions 26
7. Performance Award 17 7. Posting and Administration of
8. Salary of Deputy Chief and Assistant Promotional Examinations 27
Chiefs 17 8. Administration of Entrance
9. Pay Periods 17 Examination 27
10. Pay and Fiscal Certainty 17 9. Promotional Procedures for the Rank of
Battalion Chief and Assistant Chief 27
10. Promotional Testing while on
Article VI- Emergency Medical Service Military Leave 28
1. Certification Requirement 18 11. Alternative Hiring 28
2. Service Requirement 19
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Article X-Grievance Procedure Article XV—Reopener Provision 41
I. Section 1 29 Article XVI-Impasse Procedures 42
2. Grievance Procedure 30
3. Civil Service Appeals 32 Article XVII-Duration and
4. Appeals from Promotional Bypass 32 Concluding Provisions
5. Duration 32
1. Duration 43
Article XI-Appeals From Disciplinary 2. Severability 43
Actions 32 3. Conflict with Civil Service Statute 43
4. Copies of Agreement 43
Article XII-Health&Welfare
Concluding Provision 44
1. Labor-Management Committee 35
2. Identification Cards 35
3. Health Insurance and Life Premiums 36 Appendices
4. Disability 37
5. Sick Leave and Retirement Pool 38 Attachment 1 - Fire Department's Alcohol
6. Toxicology Reports 39 and Drug Policy 45
7. Mandatory Drug Testing 39
8. Accrual of Vacation Days 40 Appendix "A"- Dues Deduction
Authorization 52
Appendix "B"- Special Assessment Deduction
Article XIII-Legal Procedures Authorization 53
1. Legal Defense 40 Appendix "C"-Termination of Regular or
Special Dues Deduction
Article XIV-Association Health and Authorization 54
Benefit Trust Appendix"D"-Conceptual Payroll Calculations 55
1. Trust Creation 41 Appendix"E"-Calculating Drag-Up Sell Back.......57
2. Indemnification 41
Appendix"F"-Call Back Procedures 58
Appendix"G"-Grievance Form 65
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PREAMBLE
The following agreement is made by and between the City of Corpus Christi, Texas,
hereafter referred to as "the City", and the International Association of Firefighters, Local Union
936, hereinafter referred to as "the Union." The City and the Union agree that the establishment of
fair and reasonable compensation and other conditions of employment is a primary purpose of this
agreement as well as the promotion of harmonious relationships between the City and the Union.
This agreement has been negotiated through the collective bargaining process with the objective of
serving the aforementioned purpose and with the further object of fostering effective cooperation
between the City and its Firefighters. Now, therefore, in consideration of mutual promises and
agreements contained herein, the parties agree as follows:
ARTICLE I
DEFINITIONS
1. "City" means the City of Corpus Christi.
2. "Union" means the International Association of Firefighters, Local Union 936.
3. "Employee" means any sworn, certified, full-time paid employee who regularly serves in a
professional fire fighting capacity. The Fire Chief and all civilian non- uniformed employees
are excluded from receiving wages or benefits as provided under this contract, and therefore
are not included within the definition of employee.
4. "Members" means any employee who is on the membership list of and pays dues to the
Union.
5. "Supervisor"means any officer with the rank of Fire Captain or above.
6. "Civil Service Commission" means the Civil Service Commission of the City of Corpus
Christi.
7. "Chief of the Department" means the Fire Chief of the City of Corpus Christi.
8. "City Manager" means the City Manager of the City of Corpus Christi.
9. "Chapter 143" means Chapter 143 of the Local Government Code, Vernon's Texas Codes
Annotated, 1987. Article 5154c-1 shall mean "Chapter 174 Fire and Police Employee
Relations" of the Vernon's Texas Codes Annotated, Local Government Code, Chapter 174.
10. "Firefighter Trainee" means an individual employed by the Fire Department who is
attending the Fire Academy and who has not graduated.
11. "Fire academy" means all training necessary to prepare and certify firefighter trainees for
employment as a firefighter, to include State firefighter certification, and initial State EMT,
and Paramedic certification.
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12. "Certified EMT" (Emergency Medical Technician) means a firefighter who has a current
certification as an Emergency Medical Technician 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.
13. "EMT Certification" consists of a current certification as an Emergency Medical Technician
from the appropriate State agency, and a current authorization to function as a medical care
provider by the Corpus Christi Fire Department's Medical Director.
14. "Certified Paramedic" means a firefighter who has a current certification 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.
15. "Paramedic Certification" consists of a current certification as an Emergency Medical
Technician-Paramedic, or a current license as a Licensed Paramedic, from the appropriate
State agency and a current authorization to function as a medical care provider by the
Corpus Christi Fire Department's Medical Director.
16. "Probationary Period" shall be 18 months from the date of hire, unless a firefighter is unable
to obtain initial paramedic certification under Texas law within twelve (12) months from the
date of hire. If a firefighter fails to obtain said paramedic certification within twelve months
of date of hire, the end of the probationary period will be six (6) months from the date the
Employee was examined for the written portion of the paramedic examination (currently the
National Registry exam) as long as, the Employee passed on that date and it was within
eighteen (18) months of initial date of hire. Failure to obtain initial certification based on
the paramedic examination taken within eighteen (18) months from the date of hire shall
result in termination as per Article IX Section 5. For example — if an Employee hired on
September 1, 2005, passed the written exam taken on December 1, 2006, the probationary
period shall be extended to June 1, 2007.
ARTICLE II
RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognitions.
The City recognizes the Union as the exclusive bargaining agent for a bargaining unit
consisting of each sworn, certified Firefighter in the Fire Department of the City of Corpus Christi.
It is understood that this bargaining unit does not include the Chief of the Department and
does not include civilian non-uniformed personnel.
It is understood that this bargaining unit does not include Firefighter trainees enrolled in the
Fire academy, but that such persons become members of the bargaining unit at the time they
graduate from the Fire academy.
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Section 2. Amendments.
The Union and the City may jointly agree to negotiate possible changes in the contract
during its term. Such negotiations shall be set at the convenience of both parties. In order for the
contract to be amended both parties must agree upon the amendment. Amendments to the contract
must be ratified by appropriate parties.
Section 3. Prevailing Rights.
All rights, privileges, and working conditions enjoyed by the employees at the present time,
which are not specifically mentioned in this agreement, shall remain in full force and effect and
shall not be diminished in any manner during the term of this agreement, unless by amendment by
mutual consent of the parties.
Section 4. Rulings and Records of Civil Service Commission.
All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission
shall be preserved in written minutes. Such actions need not be copied verbatim in the minutes; it
shall be sufficient to accurately summarize such actions. The Chairman or, in his absence, the Vice-
Chairman of the Commission shall sign the minutes; the signatures of the concurring members on
any action shall not be required. The Commission may, if it desires, cause any rules, decisions,
directives, or orders to be reduced to writing, apart from the minutes. All such written records of the
Commission shall be public records. The City will notify the Union of any items on the Civil
Service Commission's agenda that may affect Firefighters and/or the Fire Service.
ARTICLE III
NONDISCRIMINATION
This agreement applies equally to all Firefighters of the City of Corpus Christi, and the
parties agree to apply the provisions of this agreement to all Firefighters without discrimination
because of race, color, sex, age, religious creed, national origin or Union affiliation.
Specifically, the City will not:
(1) Interfere with, restrain, or coerce employees in the exercise of their right to organize and
bargain collectively as provided by law, or in the exercise of rights provided by this
agreement; or encourage or discourage membership in or support of the Union; or interfere
with the administration of the Union;
(2) Discharge or otherwise discriminate against any employee in regard to tenure of
employment or any term or condition of employment on account of membership in or
support of the Union, or on account of any lawful Union activity.
Specifically, the Union will not:
(1) Interfere with, restrain or coerce employees in the exercise of their right to organize and
bargain collectively as provided by law, or in the exercise of rights provided by this
agreement;
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(2) Cause or attempt to cause any employee to discriminate against any other employee because
of the employee's membership or non-membership in any employee organization, or in any
manner prohibited by this agreement.
ARTICLE IV
WORKING CONDITIONS
Section 1. Work Week and Duty Hours.
A. The regular work shift for fire 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 Act, the City shall utilize a twenty
seven (27) day work cycle; sick leave, vacation and "Kelly Days" will not be considered as
time worked for said overtime calculations.
B. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be worked and
shall end at 8:00 a.m. on the following day. For employees required to work the twenty four
(24) hours on and forty eight (48) hours off schedule, twelve (12) scheduled working hours
shall be counted as one (1) work day for vacation or sick leave purposes.
C. Any work required in holdover from a shift as a result of a late return to the station from a
fire call or ambulance call, shall be compensable to the nearest fifteen (15) minutes. The
preceding sentence shall not apply where the holdover was a result of the employee having
been ordered to be on standby or by his having been dispatched to a fire as a part of the
relief for another crew. In any event, where the holdover period exceeds fifteen (15) minutes
the employee shall be compensated for the entire holdover period at the overtime rate.
D. If an employee is absent from work for a full calendar quarter, as a result of an on-duty
injury, the employee will accrue no "Kelly Days" attributable to that calendar quarter.
E. The firefighters understand and agree that the City compensates them in full for all their
regularly scheduled hours. Firefighters assigned to fire suppression or emergency medical
services receive straight time monetary compensation to work two hundred sixteen (216)
hours in each twenty seven(27) day work period.
Section 2. Personnel Assigned to 40 Hour Work Week.
A. The regular work week for Employees at the rank of Battalion Chief and above, not assigned
to 54 hour week, shall be a forty hour work week, with the schedule determined by the Fire
Chief.
B. The regular work week for personnel below the rank of Battalion Chief assigned to the Fire
Prevention or Training Division shall be forty (40) hours per week. The regular weekly
schedule will be four (4) ten (10) hour shifts per week. If the staffing level in the Fire
Prevention 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
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weekly schedule at any time. A four (4) ten (10) hour day weekly schedule will begin at
8:00 a.m. and will end at 6:30 p.m. with a thirty (30) minute unpaid meal period.
C. Employees below the rank of Battalion Chief 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 shifts. This election will continue in effect for a
year, subject to alteration by the Fire Chief as provided in paragraph B above.
D. Employees who work a weekly schedule of four (4) ten (10) hour shifts will accrue and use,
on an annual basis, three (3) ten (10) hour personal leave days, as provided in Article IV,
Section 7, and seven (7) ten (10) hour holidays. If the employee does not work a weekly
schedule of four (4) ten (10) hour shifts for an entire year, the personal leave and holiday
hours accrued for that year shall be prorated accordingly.
Section 3. Overtime.
All employees shall be paid for authorized overtime work at the rate of 1-1/2 times the
regular rate.
"Regular rate" and "regular rate of pay" after the date of execution of this agreement means
base pay, longevity, education incentive, assignment and certification 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. All
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 time off equal to the actual hours of overtime may be taken in lieu of overtime pay
upon the mutual agreement of the department head and the employee. Overtime shall be computed
to the nearest quarter hour. The conceptual formula for the payment herein for overtime work after
the date of execution of this agreement is set forth in Appendix D.
Overtime at the rate of 1-1/2 times the regular rate of pay will be paid for work performed
on any City holiday as per Section 6 of Article IV.
Any off-duty Firefighters who are called back to duty or subpoenaed to give testimony in
court about events arising out of their employment shall be compensated at the rate of 1-1/2 times
the Firefighter's regular rate of pay from the time the Firefighter is ordered to report to duty, and
shall be paid for the actual time worked in that shift or for a minimum of three (3) hours for any one
(1) call-back incident.
Compliance Provision.
The parties agree and understand that the agreement of the parties to use 173.33 hours per
month for cycle and holiday overtime pay and one hundred and ninety-five (195) hours per month
for all other overtime pay does not constitute the straight time 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 payroll
practice is inconsistent or conflicts with the provisions of the Texas Local Government Code
Section 142.0015 and 142.0016, the provisions of this contract or past contract shall control.
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IVO
It is agreed by the parties that should any overtime liability result under the terms of this
contract, state law, or the Fair Labor Standards Act that the City is entitled to use any extra overtime
premium paid resulting from using overtime rates based on the 173.33 or one hundred and ninety-
five (195) hours per month which exceed the overtime 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.
It is further agreed and understood that to the extent that the methods of determining straight
time and overtime pay listed in this agreement are inconsistent or conflict with the provisions of the
Texas Local Government Code Section 142.0015, the provisions of this agreement shall control.
Should any court rule or hold that the City is not entitled to the full credit provided herein, the City
or the Association may reopen negotiations during the term of this contract to 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-backs.
A. The parties have agreed that the provisions of the current agreed Call back procedure,
Corpus Christi Fire Department SOP No. 101.09 attached hereto and marked "Appendix F",
shall remain in effect during the term of this agreement, unless amended by mutual
agreement of the parties (which agreement by the Union may be approved by its Executive
Board).
B. A committee shall be appointed to develop a revised call back policy, with three (3)
representatives appointed by the Chief and three (3) representatives appointed by the
Association.
In an emergency, which shall be any unexpected happening or event or unforeseen situation
or crisis that calls for immediate action, the Chief may bypass employees from the call-back roster
who reside outside the city limits. Said by-passed employees shall retain 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 employee shall retain his/her standing on the roster until he/she is
utilized. The Chief shall call the employee, who is 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 nature, for a
time period of no less than the amount of time he/she would have worked if he/she had not been
bypassed.
Section 5. Illness.
In the event of illness, the employee shall notify the appropriate Battalion 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
more than three (3) consecutive calendar days, shall be required to furnish a certificate of a
physician certifying to the illness of the employee. The Chief may at any time, call for a medical
certificate if, in his judgment, he deems it appropriate for a just cause.
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Section 6. Holidays 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. Firefighters shall have the same number of
holidays, or days in lieu thereof, that are granted to other municipal employees. The current
practice of adding holidays to vacation time shall be retained.
B. Vacation.
Firefighters with less than fifteen (15) years of service shall be entitled fifteen (15) working days
vacation a year which shall accrue on the basis of twenty six (26) biweekly pay periods per year.
Firefighters with fifteen (15) years to twenty nine (29) years of continuous service shall accrue
eighteen (18) working days vacation a year, which shall accrue on the basis of twenty six (26) pay
periods a year. Firefighters with thirty (30) years of continuous service or more shall accrue twenty
one (21) working days of vacation a year which will accrue on the basis of twenty six (26) biweekly
pay periods a year. For twenty four (24) hour shift firefighters, twelve (12) scheduled working hours
shall be counted as one (1) working day for determining the accrual of vacation leave. For those
firefighters scheduled to work forty (40) hours a week, regardless of whether worked in shifts of
eight (8) hours, ten (10) hours, or 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 been
with the department for less than twelve (12) months, shall receive three (3) personal leave days
with pay. Personal leave days shall be non-cumulative and must be taken during the fiscal year
received. Use of these days shall be subject to the operating needs of the department and the
requests of the employees.
1. The parties have bargained this provision to provide extra time off, without increasing call
back overtime cost to the City.
2. 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 must be taken as follows, rather than as currently
taken in conjunction with vacation leave:
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4111# *NO
For Suppression Shift Personnel: Three Shifts as follows:
12 PL/12 PL
I2PL/12 PL
I2PL/12V
For 40 Hour Schedule Personnel:
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 with this provision shall continue in effect.
There shall be no payment for the accrued personal leave days if an employee terminates
prior to using all of such days.
Section 8. Uniforms.
A. 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 thereafter
replace 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 changes cause the
previous uniform to be obsolete, it shall pay 100% of the original cost.
C. Original issue of uniforms, including patches, to each Firefighter shall be as follows:
(1) Firefighter trainee, two (2) Class "A" uniforms;
(2) One (1) belt and one (1) buckle;
(3) Six (6) Class "B" pants and six (6) T-shirts;
(4) One (1) sweatshirt; and
(5) One (1) Jacket.
D. Shoes shall be at the expense of the individual Firefighter and made available through City
warehouse prices and facilities.
E. The clothing allowance shall continue to be $67.50 per month.
F. Standards regarding the inspections, maintenance, and replacement of uniforms as well as,
uniform specification shall be established by the Fire Chief subject to the provisions of this
Contract.
G. Each Firefighter's name, rank, and highest current EMS Certification shall be on all
Firefighters shirts as per department policy. These shirts may also change in style and color
however, the City shall have no obligation for the T-shirt uniform change, beyond furnishing
the 3 T-shirts, (Paragraph B., above, notwithstanding). After January 1, 2006, former T-
shirts shall be obsolete.
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Section 9. Mileage Allowance.
Employees required to use their private automobiles for authorized Fire Department
business or as a necessity in changing stations shall be compensated at the rate specified or to be
specified in the compensation ordinance of the City, but not less than 32.5 cents per mile.
Section 10. Meals.
When it appears imminent that Firefighters will be engaged in firefighting duties at the
scene of a fire or relocated to another station or engaged in ambulance duties two (2) hours past
their normal mealtime, they shall be provided a meal at the City's expense for approximately $6.00
per meal per firefighter, effective upon signing of this agreement, to be reimbursed within two (2)
weeks from date of submission of the form approved by the Chiefs office, which may be by fax or
other mode of submission. A request by the senior officer present at the scene or approval by the
first senior officer in the chain-of-command, if a senior officer is not present at the scene, is
necessary before a meal will be provided.
Section 11. Relief.
Firefighters actively engaged in fire fighting duties at the scene of a fire for a period
exceeding 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 fire fighting duties.
In the event that any Firefighters are required to engage in fire fighting duties at the scene of
the fire for a period of eight (8) hours or more, every reasonable effort will be made to relieve such
Firefighters to other duties away from the scene.
Section 12. Use of Sick Leave in the Event of Death or Serious Illness in the Immediate Family
In the event of serious illness or death in the immediate family of the employee, the
employee shall be granted sick leave or vacation at the request of the employee. The immediate
family, for purposes of this contract, shall be defined to include parents, step-parents, legal
guardian, spouse, mother-in-law and father-in-law, children, brothers, sisters, grandparents, and
grandchildren. In the event of a death not in the immediate family of an employee, the employee
may, upon approval of the Fire Chief, be granted time off to attend funeral services, and such time
off shall be taken as vacation leave.
Section 13. Assignment Preference Forms.
Firefighters may submit Station Assignment Preference Forms, provided by the City, which
will be considered by the Fire Chief in making such assignments. Factors used in determining such
assignments will include, but will not be limited to, the needs of the Fire Department, the location
of the preferred fire station, the residence of the individual, and the employee's seniority.
Section 14. Reassignment from Fire Prevention.
Any employee who has been assigned to Fire Prevention duties for a period of five (5)
consecutive years or more shall be allowed to request reassignment to other duties as long as a
vacancy is available. The Fire Marshall is excluded from this Provision.
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Section 15. Station Assignment by Seniority.
Whenever a vacancy occurs in the Fire Department due to retirement, termination,
promotion, or demotion, said vacancy may be filled by a seniority bid system as follows:
A. Only the five (5) persons 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 the fire station to
which he/she is presently assigned as his/her selection under this section. An assignment bid
must be submitted.
B. Only personnel regularly assigned to the shift in which the vacancy occurs may bid. Five (5)
Firefighter Il's EMS are eligible to bid for station assignment under this provision, provided
that no more than two (2) EMS seniority bids shall apply to any one EMS station.
C. Assignment by seniority will be made only to non-ambulance stations for the rank of
Firefighter I.
D. 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.
F. 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 within seven (7) days after the bid submission deadline.
H. In the event that no bids are received from the five (5) senior employees,the assignment will
be made at the Fire Chiefs 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.
I. Firefighters assigned to relief duty will be those most recently promoted to suppression.
Section 16. Employees Assigned to Specialized Training.
It is understood that Firefighter personnel who are regularly assigned to fire 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 specialized training. Specialized training includes but is not limited to HAZ-
MAT training, rescue training, EMS certification and recertification classes, promotional
orientation, fire prevention and/or arson training, as well as attendance to any Fire academy into
which the Fire Department has enrolled the firefighter. If a firefighter is required to take leave time
to attend specialized training and said time is for the purpose of transitioning to a forty (40) hour
work schedule, such transition leave shall not break the cycle for FLSA purposes.
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ARTICLE V
WAGES
Section 1. Wages.
The basic ranks within the Fire Department, as well as the applicable job classification and
applicable monthly pay rates shall be as follows:
Effective August 1, 2005 (3.0%)
Title Start Six mos 12mos 18mos 30mos
Trainee 2440 2545
Firefighter I 3118 3257 3406 3625
Firefighter II 3708 3782 3859 3944
Fire Captain 4188 4311 4434 4601
Battalion Chief 4809 5028 5257 5495
Effective August 1, 2006 (3.0%)
Title Start Six mos 12mos 18mos 30mos
Trainee 2513 2621
Firefighter I 3212 3355 3508 3734
Firefighter II 3819 3895 3975 4062
Fire Captain 4314 4440 4567 4739
Battalion Chief 4953 5179 5415 5660
Effective August 1, 2007 (2.25%)
Title Start Six mos 12mos 18mos 30mos
Trainee 2570 2680
Firefighter I 3284 3430 3587 3818
Firefighter II 3905 3983 4064 4154
Fire Captain 4411 4540 4670 4846
Battalion Chief 5065 5295 5537 5787
Section 2. Longevity Pay.
Longevity pay shall be $6.00 per month for each complete year of service up to a maximum
of fifteen (15) years of service. Thereafter, for each additional year of service, longevity pay shall
be $4.00 per month for each year up to a maximum of twenty five (25) years of service.
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Section 3. Certification Pay.
In addition to his/her regular monthly pay, a Firefighter who is certified by the appropriate
State agency and meets all certification requirements of this agreement, shall receive certification
pay in the amount indicated below, according to the level of his certification:
Intermediate Fire Certification $20 per month
Advanced Fire Certification $25 per month
Master's Fire Certification $30 per month
Certified EMT $35 per month
Certified Paramedic $75 per month
Fire Prevention Insp. $35 per month
Arson Investigator $75 per month
Basic Instructor $35 per month
Intermediate Instructor,
Advanced Instructor or
Master Instructor $75 per month
Section 4. Assignment Pay.
In addition to his/her regular monthly pay, and certification pay, a Firefighter who is
assigned to duty listed below shall receive the amount indicated:
Regularly assigned HAZ-MAT -- $50 per month
Regularly assigned to Rescue Truck/Station and
HAZ-MAT qualified (Effective August 1, 1998) -- $50 per month
Certified EMT Assigned to Ambulance -- $50 per month
Certified Paramedic Assigned to Ambulance -- $50 per month
Effective August 1, 1998, Firefighters currently assigned and who continuously serve for
greater than five (5) and less than ten (10) years of service as permanently assigned to EMS shall
receive an additional $50.00 assignment pay per month. For greater than ten (10) years of
continuous service as permanently assigned to EMS, a Firefighter shall receive an additional $50.00
assignment pay per month for a total of an additional $100 per month as continuous assignment pay.
Temporary reassignment pursuant to Article VI Section 6 shall not constitute a break in continuous
service. Individuals assigned to a forty (40) hour work week, other than employees assigned on
temporary, special or limited duty, will receive the following:
0-3 years $150.00 per mo.
4-5 years $200.00 per mo.
6 or more years $225.00 per mo.
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Section 5. Working Out-of-Classification.
Any Firefighter who is assigned the duties of a higher classification for an accrued period of
four (4) hours or more during any shift shall be paid acting-out-of-classification pay on a monthly
basis as follows:
Acting Firefighter II $18.00 per shift
Acting Captain $24.00 per shift
Acting Battalion Chief $36.00 per shift
Acting Assistant Fire Chief $48.00 per shift
Section 6. Education Incentive Pay.
(1) Employees shall be eligible for educational incentive pay at the monthly rate of .70c per
month for each academic semester hour satisfactorily completed provided that such hours
are applicable toward a degree in Fire Science, Occupational Education with a specialization
in Fire Science, Psychology, Public Administration or a Bachelor of Science in Nursing, or
EMS related fields (hereafter referred to as compensable areas of study). In no event will
more than $49.70 per month be paid without successful completion of the requirements and
the receipt of the Associate in Applied Science Degree in a compensable area of study. If the
employee is attending an upper level college, he may meet this requirement by filing a copy
of his certified degree plan with the Director of Human Resources, noting his expressed
intent to obtain a Bachelor's Degree in one of the compensable areas of study. All Approved
hours above the Associate Degree in a compensable area of study will be eligible for
educational pay at this rate up to an additional $37.10 per month or a combined total of
$86.80 per month. Successful completion of the requirements and receipt of a Bachelor's
Degree in a compensable area of study will qualify the employee for a maximum of$90.30
per month.
(2) Approved hours above the Bachelor's Degree applicable toward a Master's Degree in Fire
Science, Occupational Education Administration 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 Master's Degree in one of these subject
areas will qualify the employee for an additional $11.20 per month for a maximum
combined total of an additional $25.20 per month on a Master's Degree.
The addition of other compensable areas of study under this section shall not expand the
practice of payment of expenses or provision of textbooks or materials to such other areas of study
as presently provided for an Associate Degree in Applied Science for Fire Science at Del Mar
College.
(3) No probationary employee shall be eligible for educational incentive pay until after he has
successfully passed his probationary period.
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(4) Performance award and acting-out of-classification pay under this Article shall not be
considered as a component of salary or compensation for purposes of drag up pay or leave
sell back or overtime by virtue of being moved to this Article from other articles in this or
previous agreements, and no such change has been negotiated.
(5) Education incentive pay under this Article shall not be considered as a component of salary
or compensation for purposes of drag up pay or leave sell back by virtue of being moved to
this Article from other articles in this or previous agreements, and no such change has been
negotiated.
Section 7. Performance Award.
Every November, each firefighter, excluding those on probationary status, shall receive a
performance award in a lump sum payment of$150.00.
Section 8. Salary of Deputy Chief and Assistant Chiefs.
The position of Deputy Chief and the positions of Assistant Chiefs shall be compensated
under the City's Managerial Pay Plan.
Section 9. Pay Periods.
Effective January 1, 2006, wages and other compensation specifically mentioned in this
agreement, excluding overtime, shall be paid on the basis of twenty six (26) pay periods per year,
paid every other week, unless specifically mentioned otherwise in the agreement.
Section 10. Pay and Fiscal Certainty.
A. The City and the Union agree that this agreement should set forth clearly and resolve any
issues concerning the proper calculation of pay and other economic benefits. The City and
the Union agree that the pay formulas in Attachment D & E of this Agreement reflect the
correct standard for future payment.
B. The Union agrees that the City's past pay practices are in compliance with the prior contract.
C. All retroactive pay due for FY 03-04 and FY 04-05 under this Agreement will be paid using
prior payroll payment practices.
D. The City and the Union recognize that individual Association members have the right to
assert a pay claim or grievance for past pay periods, subject to the City's legal and
contractual defenses. However, it is also agreed that all pay claims which accrued and have
not been filed by individual Association members prior to ratification of this Agreement
shall be barred. This provides a reasonable opportunity for the assertion of any valid claims,
and will allow the City Council to know the extent of any contingent liabilities when it takes
action on this Agreement.
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E. The use and meaning of the terms "regular rate" and "regular rate of pay" in this Agreement
pre-date 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 back shall be in
accordance with this agreement. The parties agree that any contrary state law or local
ordinance, including Texas Local Government Code Section 142.0015 is superseded.
F. By the inclusion of FLSA terminology in this agreement, neither party waives exemptions,
credits or entitlements which otherwise apply.
G. It is further understood and agreed that the City is entitled to use and does use the partial
exemption under the Fair Labor Standards Act, 29 U.S.C. 207(k) as per the ruling in Collins,
et al v. City of Corpus Christi, Civil Action No. C-00-066, United States District Court for
the Southern District of Texas, Corpus Christi Division. The parties also recognize that any
release of FLSA claims must be in accordance with applicable law.
ARTICLE VI
EMERGENCY MEDICAL SERVICE
Section 1. Certification Requirement.
All Firefighters hired after May, 1985, must be certified Paramedics within eighteen (18)
months from date of employment and must maintain Paramedic certification for a minimum of eight
(8) full years as a condition of employment. Failure to maintain said certification shall result in
termination. Any time period without certification will not count towards the minimum eight (8) full
years requirement. Any Firefighter who has not met the minimum eight (8) full years requirement
as a certified Paramedic because of loss of certification shall be granted either twelve (12) calendar
months from the date she/he lost certification or from December 7, 1999, or, if the Firefighter
enrolls, attends, and completes the next regionally available educational class that will assist
him/her in regaining the Paramedic certification, ten (10) months from the date the class begins,
whichever is longer, to regain Paramedic certification. If a Firefighter is unable to obtain Paramedic
certification within the time granted, she/he will be terminated in accordance with Section 1 of this
Article.
Any Firefighter who is not a certified EMT or certified Paramedic shall lose EMT or
Paramedic certification pay ninety (90) calendar days after notification of the loss of certification. If
authorization to function as a medical care provider is suspended by the Fire Department's Medical
Director, the Fire Chief will provide to the Firefighter in writing the necessary steps required to
regain certification.
If a Firefighter carrying the rank of Firefighter II EMS has failed to maintain Paramedic
certification, she/he will be temporarily reassigned to Firefighter I duties immediately upon loss of
certification or on December 7, 1999, whichever occurs later. The Firefighter shall be granted
ninety (90) calendar days from the date she/he lost certification or from December 7, 1999,
whichever occurs later, to obtain certification. If at the end of this ninety (90) calendar-day period,
the Firefighter has not obtained certification she/he will be demoted to the rank of Firefighter 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 requirements of a certified Paramedic.
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If a Firefighter hired before May, 1985, carrying the rank of Firefighter 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 Firefighter shall be granted ninety (90) calendar days from the date
she/he lost certification or from December 7, 1999, whichever occurs later, to obtain certification. If
at the end of this ninety (90) calendar-day period, the Firefighter has not obtained certification
she/he will be demoted to the rank of Firefighter 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 requirements of a certified Paramedic.
The Fire Department will make available training materials or tutorial assistance up to, but
not exceeding an equivalent of forty (40) hours, upon request of the Firefighter who has not met the
recertification requirements. Such tutorial or training assistance shall be based upon the
recommendations of the EMS training staff and the Fire Department's Medical Director. This
tutorial or training assistance may require the Firefighter to be reassigned to a forty (40) hour work
week to complete the training. The Department will assume no responsibility for time and expense
incurred should the Firefighter desire training other than that offered by the Fire Department.
Section 2. Service Requirement.
All Firefighters hired after May, 1985, may be required to serve a minimum of five (5) years
in the Emergency Medical Service during the eight (8) year period of paramedic certification
requirement set out in Section 1 above.
All Firefighters hired on or after January 1, 2006 must maintain certification at the level of
EMT — Basic (or higher, whenever a higher certification is required in other provisions of this
Agreement) while employed in the Fire Department. Failure to maintain said certification or to
obtain re-certification as provided in Section 1 above, shall result in termination.
Section 3. Assistant EMS Director.
Effective August 1, 1999, any vacancy occurring in the position of Assistant E.M.S.
Director shall be filled from the rank of Captain and shall be a Battalion Chief with all the rights
and benefits of a Battalion Chief. This position shall be by appointment of the Fire Chief from
Firefighters within the rank of Battalion Chief or Captain who are eligible to take the Battalion
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 the same rank and/or position that he/she
held when originally appointed, or achieved during the firefighter's tenure in the position as
Assistant EMS Director.
The person currently assigned, and for so long as he holds this position, shall retain Civil
Service status, maintain and accrue vacation, sick leave, personal leave, and seniority; 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 certification pay. 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 the same Civil Service Classification
and/or position that he/she held when originally appointed, or achieved during tenure in the position
as Assistant EMS Director.
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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. Reassignment of Firefighter II EMT/Firefighter II Paramedics.
Any Firefighter II EMT/Firefighter 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 as two (2) pay periods in any six (6) month period; provided however, that during any pay
period that such employee is performing such voluntary reassignment he shall be paid only at the
maximum Firefighter I rate for Firefighter I duties performed during said period of reassignment.
However, it is agreed that such reassigned employee will continue to hold his Firefighter II rank,
and will be entitled to all other rights and privileges pertaining thereof.
The scheduling of temporary reassignment shall be made at the reasonable discretion of the
Fire Chief.
Section 5. Voluntary Demotion of Firefighter II EMT/Paramedics.
After five (5) years of actual ambulance service duty, which must be continuous, as a
Firefighter II EMT/Firefighter II Paramedic hired prior to May 1985, the employee shall be granted
upon request a voluntary demotion to Firefighter I, and will not be further required to maintain
EMT certification.
Section 6. EMT Certification After Promotion.
Firefighters and Firefighter II EMT/Firefighter II Paramedics, hired prior to May 1985, who
are promoted to Firefighter II - Drivers will not be required to maintain their EMT certification after
promotion.
Section 7. Promotion to Firefighter Il/Engineer.
All Firefighters hired after July 31, 1996 must serve either a minimum of two (2)
consecutive years as a Firefighter Il/EMS on the ambulance, or eight (8) consecutive years as a
Firefighter I, prior to becoming eligible to take the examination for promotion to Firefighter
Il/Engineer.
ARTICLE VII
UNION ACTIVITIES
Section 1. Payroll Deduction of Dues.
A. The Union shall supply the City with all necessary papers and information for payroll
deduction of dues and assessments. Such dues or assessments will be deducted in the
amount specifically authorized by the individual employee and in accordance with the by-
laws of the Union.
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B. The City agrees to deduct dues upon receipt from the Union of a "Dues Deduction Card"
voluntarily and individually authorized, signed, and dated by each member of the Union.
This authorization shall remain in full force and effect for the term of this agreement or until
terminated by either the employee or the Union. Such "Dues Deduction Card" is found in
Appendix "A" and is incorporated by reference into this agreement. The City shall begin
such deductions on the following pay period after receipt of the "Dues Deduction Card."
C. The City agrees to deduct special assessments upon receipt from the Union of a "Special
Assessment Deduction Card" which is found in Appendix "B" and is incorporated by
reference into this agreement. The City shall deduct such special assessment on the
following pay period after receipt of the "Special Assessment Deduction Card." The Union
agrees to defray the City's Administrative cost for such special assessment in the amount of
$50 per special assessment, to be invoiced by the City.
D. At any time a member of the Union desires to withdraw his membership, he may voluntarily
and individually do so. Such action will be initiated through a "Termination of Dues
Deduction Card" voluntarily and individually signed by the member of the Union and
furnished by the City. Such "Termination of Dues Deduction Card" is found in Appendix
"C" and is incorporated by reference into this agreement. The City shall terminate deduction
of such dues on the following pay period after receipt of the "Termination of Dues
Deduction Card." A copy of the Termination of Dues Deduction Card will be forwarded to
the Union's Secretary-Treasurer.
E. The City will be obligated to remit to the Union only those sums deducted as dues and
assessments from the Union member's paycheck and will not be liable for damages to the
Union, any individual employee; or other person for failure to deduct any authorized sum for
any reason.
Section 2. Negotiating Team.
Four (4) members of the Union negotiating team (or a number equal to the size of the City's
negotiating team, if larger) shall be allowed time off with pay in order to attend negotiatin g
meetings mutually set by the employer and the Union when such meetings occur during the
regularly scheduled working time of the employees.
All negotiations shall be conducted exclusively between the designated bargaining
representatives of the City and the Union. Neither party shall make any effort to bypass such
representatives of the other party during collective bargaining for a new contract unless an impasse
exists as defined in Section 174.152 of the Texas Local Government Code, V.T.C.A.
Every effort will be made to begin negotiations 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.
Section 3. Union Activities.
The Union may schedule small committee meetings pertinent to Union business on Fire
Department property insofar as such meetings are not disruptive of the duties of the employees, or
the efficient operation of the Fire Department, provided however, that permission for such meeting
shall be obtained in advance from the Fire Chief or his designated representative. Union members
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or employees may conduct voluntary fund raising activities during working time, at their work
location so long as the conduct of such business does not interfere with their duties as employees
and advance permission of the Fire Chief for such volunteer work has been sought by the
sponsoring organization, and granted, and the Chief has given permission to the Union for such
activity.
Section 4. President's Time Off.
In December of each year, the Association President may choose to be relieved of duty for
the following year to perform Association duties. Written 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 benefits the Association President is entitled to receive. The period during
which the Association 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 5. Other Union Functions.
No Firefighter shall be refused reasonable leave of absence without pay, provided that a
sufficient number of employees to carry out the normal functions of the department shall be
provided, for the purpose of attending any fire school, conventions, or meetings the purpose of
which is to secure a more efficient department and better working conditions for the personnel
thereof.
The President of the Union and three (3) elected delegates shall each be allowed three (3)
shifts off with pay each year of the contract term to attend the Union's state convention and a like
number of shifts off with pay to attend the national convention. In addition, the President of the
Union or his designee if the President is not available, will be allowed to attend, with pay, eight (8)
regularly scheduled Union meetings per calendar year, not to exceed four (4) hours per meeting. In
addition, two (2) pension trustees will be allowed two (2) shifts each with pay per calendar year to
attend the state pension seminar approved by the Fire Chief Travel expenses, food, lodging, etc.
shall not be borne by the City. Any delegate leave days provided for in this paragraph and not used
for attendance at the Union's national and state conventions, may, upon the Union's request, be
used for attendance at seminars or training sessions during each year of the contract term.
In addition to the delegate leave days granted by the preceding paragraph, if any Firefighter
is elected to a position on the Union's state or national executive board, that Firefighter shall be
allowed three (3) shifts off with pay to attend the state and national conventions.
Section 6. City Facilities.
The City facilities which are available to private organizations on a rental basis shall be
made available to the Union under the same conditions that they are made available to other
nonprofit organizations.
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Section 7. Access.
Subject to prior notification to and approval from the Fire Chief or next highest ranking
officer, the Union President or his appointee shall have the right to visit the premises of the Fire
Department for purposes of administering this agreement. Visits shall be conducted in a manner and
at a time as not to interfere with the functions of the department. Such approval of the Chief shall
not unreasonably be withheld.
Section 8. Orientation.
Neither the City nor the Union will attempt to use Fire Department academy training to
solicit or discourage Union membership.
During any portion of the Fire Department academy training devoted to explanation of
Firefighters' rights and duties under this contract, a representative designated by the President of the
Union shall assist the City's representative in explaining the contract.
Section 9. Action Outside City Limits.
A Firefighter who is ordered outside the City limits on any mission of the Fire Department
shall be deemed to be in the line and in the course of his duty as a paid Firefighter and public safety
officer for all purposes.
Section 10. Notification of Promotion.
Any employee promoted to a higher classification shall be notified in writing within twenty
(20) days from the date of promotion.
Section 11. Parties to Select Their Own Representatives.
Both the City and the Union shall be entitled to select persons to represent them as members
of the negotiating team, and to represent them on grievance and arbitration matters and in other
proceedings; provided, however, that the City shall not select any employee of the Fire Department
holding a rank below Assistant Chief, and the Union shall not select any employee of the Fire
Department holding a rank above Battalion Chief
Section 12. Contract Administration.
On duty training and/or orientation for all employees within the bargaining unit shall be
conducted to inform such employees of their rights and obligations under this agreement.
ARTICLE VIII
MANAGEMENT RIGHTS
Section 1. Management Functions.
The Union recognizes that the City has statutory and Charter rights and obligations in
matters relating to municipal operations. The City and the Chief shall retain all rights and authority
to which by law they are entitled. It is understood by the parties that every duty connected with
operations enumerated in job descriptions is not always specifically described, and the job
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descriptions are simply general guideline descriptions and are not specific descriptions of all duties
which employees are required to perform. Except as provided in this agreement, the City retains the
right to operate and manage its affairs in all respects.
It is understood that the City has the right to establish departmental rules of procedure; to
discipline or discharge for cause; to determine work schedules and assignments, and to establish
methods and processes by which work is to be performed, all subject to applicable statutes, the City
Charter, Standard Instructions, rules and regulations and standing orders, and this contract.
The City reserves the right to use civilians in the Fire Department to perform duties which
do not require a certified Firefighter. The scope of such duties may include EMS administration,
communications, informational systems, records, clerical support, and maintenance. Civilians
performing such duties are not subject to the terms of this agreement. The City will be allowed a
reasonable time to train civilians to assume these duties.
Section 2. Rules and Regulations.
The City recognizes the responsibility of management to reduce Standard Instructions, rules
and regulations and standing orders to writing and to maintain the same at each station in order to
achieve a uniform interpretation and application of such directives and regulations, within the
contract year.
Section 3. Noninterference With Personal Lives.
A. The City will not publish, make or enforce any regulations or directives which will interfere
with the personal lives or off-duty activities of employees, except to the extent that such
regulations are related to their employment. This section will not supersede the rules and
regulations of the Civil Service Commission.
B. Firefighters may reside outside the city limits. Firefighters shall, however, reside in such a
location as to be able to reach City Hall within sixty (60) minutes by traveling in an
automobile at posted speeds in ordinary weekday traffic.
ARTICLE IX
EMPLOYEE SELECTION AND PROMOTION
Section 1. Orientation for Firefighter II Drivers and Captains.
All new Firefighter II Drivers and Captains who are promoted to these ranks shall be given a
thorough orientation consisting of the responsibilities accompanying such ranking. This orientation
shall include, but not be limited to: hydraulics, driving laws, safety procedures, responsibilities of
the job, leadership in the fire service, and report writing (including all forms used within the Fire
Department). The orientation shall be conducted by members of the Training staff and shall not be
part of the promotional procedure nor shall be construed to be part of the final promotional grade.
The orientation shall be conducted prior to the assignment of the newly promoted employees to
their new positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay
purposes.
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Section 2. Promotional Examinations for Firefighter IIs and Captains.
A. Examinations for Firefighter Il and Captains shall be conducted entirely as provided by
Chapter 143 and the grading methods and establishment of the eligibility roster shall also
be conducted entirely as provided by Chapter 143, except as provided in Article IX of
this contract. Separate exams for Firefighter II Assigned Truck Driver and Firefighter II-
Assigned Emergency Medical Service shall be administered.
B. All Firefighters hired after July 31, 1996, will be required to serve a minimum of two (2)
consecutive years as a Firefighter Il/EMS on the ambulance or eight (8) consecutive
years as a Firefighter I,prior to becoming eligible to take the examination for promotion
to Firefighter II/Engineer.
C. All Firefighters must serve either a minimum of two (2) consecutive years as a
FFII/EMS or FFII/Eng prior to becoming eligible to take the examination for promotion
to Captain.
D. Only those Firefighters with paramedic certification will be eligible to take the
Firefighter Il-Assigned Emergency Medical Service exam and be promoted accordingly.
The Firefighter lI-Assigned Emergency Medical Service roster shall be used for
Emergency Medical Services only.
Section 3. Other Certification Requirements for Promotion To Rank of Captain.
All Firefighters hired prior to May 2000, who have ever served as a Firefighter II for more
than two (2) consecutive years and who have not terminated their employment with the department
at any time,will be eligible to take the Captains exam without paramedic certification requirements.
This requirement does not relieve the firefighter of any other EMS certification requirement
described in this agreement.
All Firefighters hired after May 2000, who have ever served as a Firefighter II for more than
two (2) consecutive years, and who have not terminated their employment with the department at
any time, must be certified paramedics to be eligible to take the Captains exam. Once promoted to
the classification of Captain, said employees must maintain the paramedic certification for one (1)
additional required recertification, or four (4) years, which ever is longer. Failure to maintain said
certification shall be grounds for disciplinary action up to and including demotion or indefinite
suspension.
Section 4. Appointment of the Deputy Chief and Assistant Fire Chiefs.
A. Promotion to the classification of Deputy Chief shall be exempt from competitive
examination, and, instead, shall be made by appointment by the Chief, at the Chief's
discretion. Promotion to the classification of Deputy Chief shall be made from the
classifications of Assistant Fire Chief or Battalion Chief. The change in this section of the
title of First Assistant Chief to Deputy Chief is only a change in the title of the classification
and it is agreed that no vacancy, new, or additional positions is created in the Fire
Department nor is such intended.
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B. Beginning August 1, 1990, the first two (2) position vacancies in the Assistant Chief rank
shall be designated as exempt from competitive examination and, instead, shall be made by
appointment by the Chief, at the Chiefs discretion. These positions shall be called Assistant
Chief A and Assistant Chief B and shall henceforth be filled by appointment of the Chief.
Promotion into these positions shall be made from the classification of Battalion Chief. The
remaining Assistant Chief positions shall be filled by competitive examination as described
in Article IX, Section 9 of this contract. It is understood and agreed that the inclusion of this
provision in the agreement is not a waiver by the City, the Chief or the Association of any
interpretation of the prior agreement. Further, the parties understand and agree that the
continued inclusion of this section of the contract does not prevent either party from
asserting a claim alleging a violation of this section nor does the inclusion prevent a defense
to such claim.
Section 5. Probationary Period for New Employees.
A new employee in the Fire Department shall serve a probationary period of eighteen (18)
months which shall begin with the date of first employment unless extended to obtain initial
Paramedic Certification 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 Firefighter Trainees shall become immediately eligible for participation in the Corpus
Christi Local Firefighters' Pension System as of the original date of employment. When the
employees have completed the probationary period, they shall automatically become a full-fledged
Civil Service employee and shall have full Civil Service protection as specified by Chapter 143 and
this contract.
In addition to insurance, sick leave, vacation, and holidays, it is understood that upon
graduation from the Academy or being turned to duty and becoming a Firefighter I, Firefighters
shall receive the following: (a) 100% of the uniform allowance, (b) longevity pay, (c) Firefighter
Basic certification pay, and EMT Certification pay, if certified, (d) Paramedic Certification pay
upon approval of the Corpus Christi Fire Department Medical Director and (e) supplemental
insurance. After completion of the probationary period Firefighters will receive 100%of all benefits
specified in this contract to which they are entitled.
For promotional purposes, the effective date of the promotion indicated on the official City
document (Form 12) will be used to determine the classification of Firefighter to meet eligibility
requirements.
Section 6. Corrections to Entrance or Promotional Examination Questions.
The Civil Service Director shall have authority within five (5) days of the date of the
examination to recommend to the Civil Service Commission changes to entrance or promotional
examination questions where clerical errors in compiling the test questions have been discovered, or
where a question arises as to general accuracy. This does not restrict the Firefighter from appealing
questions to the Civil Service Commission.
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Section 7. Posting and Administration of Promotional Examinations.
A listing of materials from which promotional examination questions are taken shall be
posted annually each January for examinations administered within the one year period beginning
the following April. Such materials shall be available at least thirty (30) days prior to the
examination date.
Section 8. Administration of Entrance Examination.
Entrance examinations may be administered at any time to qualified groups or individual
applicants consistent with public posting requirements of Chapter 143. All applicants passing the
written examination, oral examination, psychological examination, medical examination, strength
and endurance examination, and any other exams deemed necessary by the Chief shall be ranked
upon the eligibility list for Firefighter Trainee based upon composite scores posted simultaneously.
Such eligibility list shall be valid for a period of twelve (12) continuous calendar months from the
date of original posting. Applicants who fail will be required to wait one (1) year before taking the
test again.
Section 9. Promotional Procedures for the Rank of Battalion Chief and Assistant Chief.
Captains shall have two (2) continuous years in rank before becoming eligible to compete
for a Battalion Chief vacancy. The classifications of Battalion Chief and Assistant Chief not
appointed at the discretion of the Chief shall be filled by a promotional 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 will
provide a ranking of participants from high to low score. In the event that written
examination scores are the same,the earliest time for submitting the examination form to the
test administrator for grading shall determine respective standings. Only the highest ten (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 contain only the names of the top
ten (10) scoring applicants, in alphabetical 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) persons from outside the Fire Department
holding administrative level positions in a Fire Department operating in a city of 100,000 or
more population shall be selected to serve as assessors.
At least two (2) of the Fire Administrators must be from outside the state of Texas. All
Assessors 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 individual on the list is not
approved, a reason for the failure to approve and an alternate name must be submitted to the
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Director of Human Resources within five (5) days. No more than two (2) names can be struck from
the list by either the Chief or the Association.
(2) The Assessment Center Examination date will be posted on the same day the written test
announcement is posted. A brief explanation of the center exercises shall be posted at least
three (3) days prior to the written test. Assessors shall be trained for a minimum of eight(8)
hours in the methods to be used in administering the test. All candidates will be given the
opportunity to attend a classroom orientation concerning the assessment center process. The
orientation will include general information concerning the exercises they will be taking
during the assessment process. The assessment center process shall include at least three (3)
exercises.
(3) Feedback shall be provided to each candidate in a "feedback" session by the assessment
center coordinators. The purpose of this session will be to provide each candidate with his
score, what areas he excelled in, what areas he did poorly in, and what he might do to
improve his performance in the future.
(4) The results of the Assessment Center examination shall be binding for one (1)year and,with
the exception of fraud, shall not be appealable to the Civil Service Commission or to
arbitration.
C. Eligibility Lists.
(1) Within forty eight (48) hours, excluding weekends and holidays, of the conclusion of the
entire assessment center process an eligibility list shall be prepared and posted. Each
eligibility list shall reflect the ranking of all applicants based on the following weights:
(a) Written examination scores 40%
(b) Assessment Center Board examination score 60%
100%
Plus one point for each year of service in the department
up to a maximum of ten points 10 points
110 points
(2) Such eligibility list shall be valid for a period of twelve (12) continuous months from the
date of final posting or until the list is exhausted.
Section 10. Promotional testing while on Military Leave
The Civil Service Commission may adopt procedures for testing personnel on military leave,
which may dispense with the assessment center for all participants, with input from the HR
Department and the Association.
Section 11. Alternative Hiring.
The provisions of this section are discretionary on the part of the Chief and may not be used
to compel the City to hire any individual or to make an appointment where no vacancy exists.
Despite any provisions of state law including Chapter 143 to the contrary, the provisions of this
section shall prevail.
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A. Alternative Hiring Program. The Chief, without regard to the existence of or
requirement for any eligibility list for beginning positions in the Department, may
appoint applicants to beginning positions in accordance with this alternative hiring
process. Each applicant must have: (1) a current Firefighter Basic certification; and
(2) a Paramedic Certification.
Each applicant must successfully complete entry requirements, including a medical
examination, a physical fitness examination, a written examination, a background
investigation, a panel interview (panel to be appointed by the Chief) Drug test, and
any other current eligibility requirements deemed appropriate by the Chief
Applicants who are appointed must successfully complete an academy specifically
designed for applicants hired in accordance with this alternative hiring process.
The Chief, in his sole discretion may deny the application of any applicant at any
time. Such decisions shall not be subject to the Grievance procedure in this
Agreement.
The beginning salary of employees appointed under this alternative hiring process
shall be equal to the Starting Firefighter I salary. These employees shall be treated
as new employees for all purposes including seniority, benefits and probation.
B. This provision shall be for the term of this agreement and not be subject to extension
under Article XVII, except to the extent necessary to complete a hiring process
which has been initiated during this contract, and which process has proceeded
through administration of the written examination.
ARTICLE X
GRIEVANCE PROCEDURE
Section 1.
The purpose of this grievance procedure is to establish an effective method for the fair, expeditious
and orderly adjustment of grievances, and is exclusively for contract grievances. A grievance is
defined as any dispute, claim, or complaint involving the interpretations, application or alleged
violation of any provisions of this Agreement. The Union or any bargaining unit member may file a
grievance under the terms of this Agreement. Each grievance shall be submitted on a form attached
hereto as Appendix "G" agreed to by the parties and must include: (1) a brief statement of the
grievance and the facts or events on which it is based; (2) the sections(s) of the contract alleged to
have been violated; and (3) the remedy or adjustment sought, and the bargaining unit members
signature or if filed by the Union, the signature of the Grievance Committee Chairman or local
Association President.
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Section 2.
Grievance Procedure:
Step 1
An employee who is aggrieved should informally seek to resolve a grievance with his/her
supervisor, in order for the City to have notice and an opportunity to correct any unintentional acts
or conduct not consistent with this Agreement.
Step 2
An employee who is aggrieved must file a grievance with the Union Grievance Committee within
ten (10) calendar days of the date that the Firefighter knew or should have known of the facts or
events giving rise to the grievance. A copy of the notice of receipt of the grievance shall be
forwarded to the Fire Chief or his designee by the Union Grievance Committee within three (3)
calendar days of receipt of the grievance. The Union Grievance Committee shall within fifteen (15)
calendar days of receipt of the grievance, determine if a Valid grievance exists. If the Union
Grievance Committee determines that no valid grievance exists, it shall notify the Fire chief or his
designee that no further proceedings will be necessary. If the Union Grievance Committee
determines that the grievance is valid, it shall process the grievance on behalf of the Firefighter(s)
by forwarding the written grievance to Step 3 of this procedure.
Step 3
Any grievance found to be valid by the Union Grievance Committee shall be submitted to the Fire
Chief within ten (10) calendar days of the Step 2 ruling. After receipt of the grievance, the Fire
Chief shall, within fifteen (15) calendar days of receipt of the grievance submit his response in
writing to the Union Grievance Committee.
Step 4
If the grievance is not resolved at Step 3, the Union shall have ten (10) calendar days following its
receipt of the decision of the Fire Chief, to submit the grievance to the City Manager. The City
Manager shall within twenty five (25) calendar days of receipt of the grievance submit his response
in writing to the Union Grievance Committee.
Step 5
If the grievance is not resolved at Step 4, the Union shall have ten (10) calendar days from receipt
of the City Manager's decision to submit the matter to arbitration. The arbitration procedure will be
implemented by the Union notifying the City Manager in writing of their intent to submit the
grievance to arbitration.
Step 6
If a grievance is submitted to arbitration, the City and the Union may, within five (5) calendar days
of such request, mutually agree to a neutral arbitrator. If the parties are unable to agree on such an
appointment, the City or the Union shall, within five (5) calendar days, request a list of seven (7)
arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation
Service. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall
select an arbitrator by each party in turn striking one (1) name from the list until only one (1) name
remains. The remaining individual on the list shall serve as the arbitrator. The arbitrator so selected
shall, through the agency selected, be promptly notified of his selection and the parties in agreement
with the arbitrator shall select a time, place and date for the hearing of the grievance.
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(a) Within thirty (30) calendar days after conclusion of the hearing, the arbitrator
shall issue a written opinion and ruling with respect to the issues presented, a
copy of which shall be mailed or delivered to the Union and the City.
(b) With respect to the application, interpretation and enforcement of the
provisions of this Agreement the decision of the arbitrator shall be final and
binding on the parties to this Agreement. It shall be the Association's burden
of proof to establish the facts and merits of the Grievance.
(c) The arbitrator's authority shall be limited to the interpretation and application
of the terms of this Agreement and/or any supplement thereto. The hearing on
the arbitration shall be informal and the strict rules of evidence or pleadings
shall not apply. The arbitrator shall have no jurisdiction or authority to
establish provisions of a new agreement. The arbitrator shall not have the
power to add to, subtract from, or modify the applicable provisions of this
agreement in arriving at a decision on the issue or issues presented but shall
confine his decision to the interpretation, application or enforcement of this
agreement as applicable to the facts and circumstances presented. The
arbitrator shall confine himself to the issues submitted for arbitration, and shall
have no authority to determine any issue not submitted to him.
(d) If a transcript of the proceedings is requested,then the party so requesting shall
pay for such transcript, unless otherwise agreed to by the parties. The losing
party shall pay all the fees and expenses of the arbitrator. The arbitrator shall
designate the losing party for purposes of this paragraph, and may find that
both parties lost in part and apportion fees and expenses accordingly.
(e) Each party shall be responsible for the cost of the attendance of its witnesses at
a contract grievance hearing. Nothing in this agreement shall prevent the
Association from charging non-members a reasonable fee and expenses for
representation, in accordance with its by-law and other applicable law.
(f) For the purpose of this Article only, if the final date of any response and/or
filing period falls upon a City holiday (observed date), Saturday or Sunday,
then the due date will fall on the next business day.
All time limits set forth in this Article may be extended by mutual consent, but if not so extended
they must be strictly observed. Failure of the Union or the grievant to comply with the time limits
set forth will serve to declare the grievance settled and no further action may be taken. Failure of
the City to respond within the time limits shall constitute a denial of the grievance and the grievant
(Union)may proceed to the next step.
It is specifically and expressly understood that filing a grievance under this Article that has as its
last step final and binding arbitration, constitutes an election of remedies and any appeal of an
arbitrator's decision in this procedure shall be strictly and solely limited to the grounds that the
arbitrator exceeded his or her authority and jurisdiction as provided under this Agreement, that the
decision of the arbitrator was procured by fraud or collusion or that the arbitrators decision is based
upon a clear and manifest error of law.
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Section 3. Civil Service Appeals.
All appeals of Firefighters' disciplinary matters, promotional passovers, recommended demotions
or other issues, heretofore heard by the Civil Service Commission or Hearing Examiner as provided
in the Texas Local Government Code, Chapter 143, shall continue to be so heard and with all rights
of appeals as provided in the Texas Local Government Code, Chapter 143, et seq., Vernon's Texas
Codes Annotated, as amended, as modified by Article XI of this Agreement, and are not subject to
the contract grievance procedure.
Section 4. Appeals From Promotional Bypass.
An employee who is bypassed for promotion pursuant to Chapter 143, Section 143.036, may
appeal such decision to arbitration within ten (10) days of receiving written notice thereof. The
notice of bypass shall state the Chief's reasons for such bypass. The employee's appeal shall be in
writing and shall be filed with the Director of Human Resources. Said appeal shall be decided by
one (1) arbitrator chosen in accordance with this policy. The City and the employee shall share
equally the arbitration fees and expenses, except where the Union represents the employee it shall
pay his share. With respect to promotional bypass, the employee shall have such right to appeal the
arbitrator's decision to district court as he is given in Chapter 143 to appeal the Commission's
decision,and no greater right.
Section 5. Duration.
This Article shall be in effect for the term of this agreement and shall not be subject to extension
under Article XVII, except to the extent necessary to complete a Grievance which has been initiated
during this contract, and which process has proceeded through a request for Arbitration. If this
provision expires before a new contract has been reached, the Grievance Procedure in Article 10 of
the prior agreement, dated 2003-2005, shall be reinstated.
ARTICLE XI
APPEALS FROM DISCIPLINARY ACTIONS
A. Notwithstanding the provisions of Chapter 143 of the Local Government Code or any other
provisions of this contract, the Chief shall have the authority to suspend an employee for a
period of time not more than thirty (30) calendar days with said suspension subject to
appeal. Appeals by an employee from a demotion, temporary suspension, or indefinite
suspension under Chapter 143 shall be determined by the arbitration procedure provided
herein, rather than by the Civil Service Commission. Notwithstanding Texas Local
Government Code Section 143.036(a), the issuance of an indefinite suspension statement
under Texas Local Government Code Section 143.052(b) shall not constitute a vacancy and
no vacancy will result therefrom until all appeals are final or 30 days from the date of
issuance if there is no appeal. Investigations of complaints against employees shall be
conducted following current policies and practices. The parties agree that the provisions of
this Article satisfy Texas Government Code §614.021(b) and that the provision herein
control and prevail over Subchapter B of Texas Government Code Chapter 614 pursuant to
Texas Local Government Code 174.006.
B. Disciplinary action may be taken against a Firefighter within six(6)months of the discovery
by the Chief of conduct by the Firefighter which would constitute a felony and not
thereafter. Provided that such limitation shall not prevent disciplinary action against a
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Firefighter based upon his conviction for any such crime notwithstanding that discovery of
the conduct on which the conviction is based occurred more than six (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, regardless of the date of discovery.
C. Prior to any such disciplinary action, the employee shall be given written notice of
contemplated disciplinary action, stating the action or actions contemplated and the reasons
therefore, and notifying the employee that he may rebut the charges to the Chief, either
orally or in writing, within a reasonable time, which time shall be stated in the notice.
D. After the notice and opportunity for rebuttal provided in the preceding paragraph, the Chief
may demote, suspend or terminate an employee by personal service on the employee of a
written statement of charges. If the Chief should be unable to secure personal service after
due diligence, service may be made by mailing it to the employee by certified mail, return
receipt requested, in the mail addressed to the employee's last known address, along with
delivery of the statement to the Association. Proof of such service shall be sufficient to
support any disciplinary action.
E. A copy of such statement, along with a copy of the notice of contemplated disciplinary
action, shall be promptly filed with the Director of Human Resources of the City.
F. The written statement shall point out the particular rule or rules alleged to have been
violated by the employee and the specific act or acts alleged to be in violation. Said
statement shall inform the employee that he has ten (10) days after receipt thereof to file a
written appeal with the Director of Human Resources. If alternate service is had as provided
herein, the employee shall then have ten (10) days from service upon the Association.
G. Appeal from suspension, termination or demotion shall be decided by one (1) arbitrator,
selected according to this contract.
H. Upon receiving an appeal from an employee, the Director shall act immediately to notify the
Association and the Chief of the appeal to arbitration. The employee and the City (the
parties) shall attempt to mutually agree on an arbitrator. If the parties fail to agree on an
arbitrator within ten (10) days after the appeal is filed, the Director shall immediately
request a list of seven (7) qualified neutrals from the American Arbitration Association. The
parties may mutually agree on one (1) of the seven (7) neutrals. If they do not so agree, the
parties shall alternately strike the names on the list within five (5) working days after receipt
of the list, and the remaining name shall be the arbitrator. All parties shall act to complete
the selection process at the earliest possible date. The arbitrator shall be immediately
notified of his selection.
The hearing shall be commenced within such reasonable time as the arbitrator selected can
be scheduled. If the arbitrator selected cannot commence the hearing within sixty (60) days
from his selection, either party may within two (2) days of so learning, call for selection of a
new arbitrator, and if the parties cannot agree upon a substitute within one (1) day of so
learning, another arbitrator shall be selected from a new list of seven (7) names immediately
requested from the American Arbitration Association, according to the procedure set out
herein. The hearing shall be scheduled so that it can be completed without break, in
consecutive calendar days (excluding weekends and holidays). The arbitrator shall make an
award within thirty (30) days of the close of evidence in conventional arbitration hearings.
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%1100 NNW
Post hearing briefs shall only be permitted in conventional arbitration hearings, and must be
mailed to the arbitrator within seven (7) days of the close of evidence at the hearing.
J. A stenographic transcription of the proceedings shall be made only upon written agreement
of the parties prior to the commencement of the hearing. Should there be no agreement, the
party desiring the transcript may have the transcript made at its sole expense.
K. The award of the arbitrator shall state which particular factual charges he finds to be true, if
any, and the particular rules he finds such conduct to have violated, if any. Where the
charges are upheld, the award shall state whether the discipline imposed is upheld, or
whether some lesser discipline is substituted. An employee shall be entitled to recover
backpay for any part of a suspension not upheld by the arbitrator.
L. The following rules shall govern the conduct of hearings under this section, and of certain
preliminary matters:
(1) Upon request of either party addressed to the opposing party at least two (2) days
prior to the date of hearing, the parties shall exchange the names of witnesses
expected to be called at the hearing. Upon failure of a party to disclose such
witnesses, the arbitrator may exclude their testimony.
(2) The arbitrator shall have the power to subpoena witnesses, records, and other
evidence. Prior to the hearing, the Director of Human Resources shall issue
subpoenas requested by the parties in the name of their arbitrator. A party may apply
to the arbitrator to quash a subpoena so issued.
(3) In all hearings under this section, the burden of proof shall be upon the City.
(4) The parties, in writing, may request discovery from each other concerning the case.
Should the other party not agree to provide the requested information within three (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 arbitrator shall consider the burden and expense of producing the
information, the need of the requesting party, the amount of time available prior to
the hearing, and such other matters as he may deem material. In no event shall
discovery be permitted to delay the hearing, and in no event shall discovery be
requested within three (3) days prior to the hearing.
(5) All hearings shall be public unless it is expressly agreed in writing by the parties that
the hearing shall be closed to the public. In any event, the final decision of the
arbitrator shall be public, although public announcement may be reasonably delayed
upon request of the parties.
(6) Unless otherwise provided in this contract, the conduct of the hearing shall be
governed by the rules of the American Arbitration Association.
M. The Arbitrator shall have all powers vested in the Commission under Chapter 143, and the
Commission Rules, with respect to suspensions, terminations, and demotions, except the
power to amend such rules.
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N. Any notice or statement required to be filed by the Fire Chief or the employee in a
disciplinary proceeding under Chapter 143, under Commission Rules, or under this contract,
shall be filed with the Director of Human Resources of the City.
O. With respect to terminations, temporary suspensions, and demotions, the employee shall
have such right to appeal the arbitrator's decision to district court as he is given in Chapter
143 to appeal the Commission's decision, and no greater right.
P. Unless otherwise provided in this contract, in cases of conflict, the provisions of this
contract will control over Chapter 143, Civil Service Commission Rules, and American
Arbitration Association Rules; and Chapter 143 and Civil Service rules promulgated
pursuant to it shall control over American Arbitration Association rules.
Q. The City and the aggrieved employee shall share equally the fees and expenses of the
arbitration. Where the Association represents the employee, it shall share equally the
arbitration fees and expenses with the City. Nothing in this agreement shall prevent the
Association from charging non-members a reasonable fee and expenses for representation,
in accordance with its by-laws and other applicable law.
All hearings which are expected to be completed in one (1) day shall be submitted for
expedited arbitration. On all other hearings, the parties may agree to request expedited
arbitration.
R. Any deadline or time restrictions set out in this contract with respect to disciplinary
proceedings may be modified by written agreement of the parties. However, neither party
may be compelled to waive its right to insist upon the deadlines and time restrictions
provided by this Contract.
S. Suspensions by Agreement The Chief may suspend an employee for a period of time not
more 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 & WELFARE
Section 1. Labor-Management Committee.
The City and the Union, having recognized that cooperation between management and
employees is indispensable to the accomplishment of sound and harmonious labor relations, shall
jointly maintain and support a Labor Relations Committee. The Labor-Management Committee
shall consider, discuss, and recommend to the Chief or the City any problems pertaining to the
employment conditions of employees. The Union shall designate its representatives. The City shall
designate its representatives. The Labor-Management Committee shall meet quarterly or at the call
of either the Union members or the City members at times mutually agreeable to both parties.
Section 2. Identification Cards.
The City shall furnish all Firefighters identification cards bearing the member's name,
photograph, rank, employee number, and containing a space for the signature of the member.
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Section 3. Health Insurance and Life Premiums.
A. The City agrees to provide one or more group health plans for firefighters.
(1) Effective September 1, 1994, no employee covered by CitiCare 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 CitiCare Fire during open-
enrollment.
(2) Bi-weekly premium costs for CitiCare Fire as of August 1, 2005 are as follows:
Employee Cost City Cost
Employee $38.91 $101.51
Employee& Spouse $121.99 $186.37
Employee & Children $106.42 $169.02
Employee & Family $176.17 $238.76
When the Benefits 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 insurance claim costs and projections, the increase in
premium costs shall be shared on an equal basis by the City and employees (50% City - 50%
employee). Premium increases for CitiCare Fire will be based exclusively on the performance of
CitiCare 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 a reasonable and timely manner upon request.
(3) The City retains the right to negotiate with medical providers for benefits and
coverage under CitiCare. The City agrees that the Firefighters under CitiCare Fire
shall be able to utilize the preferred provider program negotiated by the City for
CitiCare at the rates negotiated, with coverage provided in the CitiCare program as
revised from time to time. Firefighters covered by CitiCare Fire shall have the
following deductibles, co-pays and maximums:
A. $100.00 individual annual deductible ($300.00 maximum per family).
B. 85% (City) - 15% (employee) co-pay after the deductible is met for services
provided by CitiCare's preferred provider.
C. 80% (City) - 20% (employee) co-pay for services provided outside the
CitiCare network in an emergency situation or services provided outside the
network as the result of referral by a CitiCare provider.
D. 70% (City) - 30% (employee) for services provided outside CitiCare's
preferred provider net-work system other than those in Section C.
E. $525.00 annual out-of-pocket maximum per employee or dependent
$1,575.00 per family (exclusive of the deductible amounts, subject to the
lifetime maximum benefit in the CitiCare Fire Plan).
(4) The City retains the right to withdraw from the Humana Health Plan.
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B. Retiree Health Insurance Coverage
(1) Employees who retire under conditions of disability in accordance with the Corpus
Christi Firefighters' Retirement System or Social Security or under regular
retirement under the Corpus Christi Firefighters' Retirement System or under Social
Security after ten (10) years of continuous service with the City shall, along with
their previously participating spouses, and otherwise eligible dependents, be eligible
to continue participating in the city's group health insurance Public Safety CitiCare.
The Union recognizes that the premium cost of such continued coverage for retired
or disabled firefighters and dependents exceeds the premium cost of identical
coverage for active employees. The premium cost for such former employees, their
spouse and dependents 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 while paid
except as follows: The spouses' rights shall continue after the employee's death, 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 dependants age sixty five (65) or over or
otherwise eligible for Medicare are required to participate in Medicare A & B in
order to remain eligible for coverage.
C. The City agrees to pay to the Union a contribution equal to $15.00 month per employee,
which the Union agrees to use for supplemental insurance programs for active or retired
Firefighters. In addition, the City shall pay to the Union August 1, 1995, and each August 1
thereafter $75,802 for the Corpus Christi Firefighters Health and Benefit Trust. Effective
August 1, 1998, the $15.00 per month contribution per employee shall increase to $30.00.
Effective upon execution of this agreement, the City shall contribute a one time lump sum
payment of$13,000.00 to the Union for use for supplemental dental insurance programs for
active or retired employees.
D. The City shall provide basic life insurance coverage for each Firefighter equal to the
Firefighter's annual salary.
Section 4. Disability.
No sick leave shall be charged for injury or illness sustained in the line of duty. Employees
shall be paid leave in an amount not to exceed their regular salary as provided by Section 143.073,
Chapter 143 for injuries or illnesses occurring in the course of employment.
The use of accrued sick leave may be granted to any Firefighter at the discretion of the Chief
for job-related illnesses or injuries after injury leave has been exhausted. For purposes of line of
duty illness or injury leave, "line of duty illness" shall be defined as an illness which has been
directly and substantially caused by the duties of the position. Provided, however, that this
definition applies only to a line of duty illness under Section 143.073, Chapter 143, and is in no way
intended to govern the payment of benefits under the workers' compensation statutes, which
benefits shall continue to be governed solely by the workers' compensation statutes.
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A disability shall be defined as a physical injury or illness which prevents an officer from
fully performing the duties of the position to which he was assigned at the time his disability
commenced. A "permanent disability" is an injury or illness which disables a Firefighter to the
extent that it cannot be said in reasonable medical probability that he will be able to return to full
duties within one (1) calendar year from the date that the Fire Chief determines in writing that the
disability is permanent. Upon termination for permanent disability which is non job related, the
Firefighter shall be entitled to a lump sum payment for all his accumulated sick leave, and for
accumulated vacation leave not in excess of the limit established by Article XII, Section 8 of this
Agreement. Upon termination for permanent disability which is job-related, the Firefighter shall be
entitled to a lump sum payment for any injury leave he may have remaining out of the one (1) year
provided in Chapter 143, Section 143.073, all accumulated sick leave, and for accumulated vacation
leave not in excess of the limit established by Article XII, Section 8 of this Agreement. All such
payments shall be calculated and compensated as of the date the employee is determined to be
permanently disabled and shall not include additional accrual of sick leave, vacation, or holidays
beyond that date. The procedure for determining the permanent disability shall be as follows: In the
event the Chief determines after consultation with the City designated Physician that a Firefighter is
permanently unable to perform his or her job duties, he may institute immediate termination or
retirement whichever, is applicable.
Prior to taking formal action on the above determination, the Chief will inform the Pension
Board, in writing, of his intentions. The Firefighter may call for further examination by a board of
three physicians. One such doctor shall be appointed by the City, one by the Firefighter, and the
third by said doctors. Provided, however, that the third doctor must be approved by the City
designated Physician. The doctor designated by the Firefighter shall be paid by him. The other two
doctors shall be paid by the City. The decision of a majority of three physicians as to whether a
permanent disability as defined herein exists shall be final.
A Firefighter who has previously been terminated due to disability may, if found to be
otherwise qualified within two (2) years of the termination date for disability by the Chief, be
eligible for reappointment at the same rank upon certification by the City's designated Physician
that he or she has recovered and physically is able to perform full duties.
Section 5. Sick Leave and Retirement Pool.
A. Each Firefighter shall accumulate fifteen (15) days of sick leave with pay per year. Effective
January 1, 1988, the Sick Leave Retirement Pool will have a maximum balance of 2,000
days. Quarterly accounting will be maintained to provide a current balance of such days.
Days used in accordance with provisions outlined below will be deducted from the pool
until it reaches a minimum of five hundred (500) days, at which time two (2) sick leave days
per Firefighter per year will be transferred from his/her individual account into the pool until
the pool reaches its 2,000-day limit.
The Pool shall be used to compensate Firefighters who retire, during the term of this
contract, other than on disability retirement, with more than ninety (90) days of accrued sick
leave to their individual credit. Subject to the maximum limits specified in Sub-Section B,
below, the retiree shall be compensated from the Pool for the amount of sick leave accrued
to his/her individual credit that exceeds ninety (90) days.
38
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.
(1) Less than 4 full years of service: zero days.
(2) 4 full years of service: not more than 30 days.
(3) 5 full years of service: not more than 40 days.
(4) 6 full years of service: not more than 50 days.
(5) 7 full years of service: not more than 60 days.
(6) 8 full years of service: not more than 70 days.
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of service: not more than 90 days.
(9) 20 or more full years of service: not more than 150 days.
(10) 25 or more full years of service: not more than 180 days.
C. If a Firefighter 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 greater, shall be paid
to his or her dependents or estate.
D. The parties agree that the payment of accrued sick leave as provided by state law and this
contract shall be based only on base salary, longevity pay, certification pay, and assignment
pay as per current payroll practice which is in compliance with state law and not in violation
of this agreement and prior collective bargaining agreements. This provision will prevail
over the provisions of the Texas Local Government Code Section 143.045. Appendix E sets
forth the pay methodology for eligible accrued sick leave.
Section 6. Toxicology Reports.
The City shall pay for the cost of toxicology reports in instances where a Firefighter dies as
a result of an on-the-job injury or upon request by the employees family where recent exposure to
excessive smoke or toxic fume inhalation is suspected as a contributing cause of death.
Section 7. Mandatory Drug Testing.
A. The City and the Union mutually agree that Firefighters may be called upon in hazardous
situations without warning, and that it is imperative to the interest of Firefighters and the
public to assure that Firefighters are not substance-impaired. In order to further their mutual
interest in protecting Firefighters and the public, the City and the Union agree to testing, as
described in the Fire Department's Alcohol & Drug Policy attached hereto as Attachment
"1". The City Manager, Fire Chief and Director of Human Resources shall be included in
the testing process. The fair and impartial statistical basis shall be by a non-discriminatory
computerized program operated and certified as non-discriminatory by an independent firm
hired by the City, and the employee shall be tested promptly upon being selected by the
computer.
B. Discipline shall be in accordance with the Fire Department's Alcohol & Drug Policy and the
Civil Service Commission Rules and Regulations.
39
%PO Nod
C. No changes can be made to the language dealing with the provisions of the Corpus Christi
Fire Department's Alcohol and Drug Policy without agreement by both the City and the
Union.
Section 8. Accrual of Vacation Days.
All Firefighters hired after September 1, 1998, shall be allowed to accrue unlimited vacation
leave hours (includes holiday leave hours), but upon retirement, resignation, or termination the
Firefighter shall not be paid in excess of four hundred and eighty (480) hours for forty (40) hour
workweek employees or seven hundred and twenty (720) hours for twenty four (24) hour shift
employees. All Firefighters hired on or before September 1, 1998, shall be allowed to accrue
unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation, or
termination the forty (40) hour workweek Firefighter shall not be paid in excess of an amount equal
to seven hundred and twenty (720) hours plus the amount the Firefighter had on the books as of
December 20, 1998. If the Firefighter is on the 24 hour shift, the Firefighter shall not be paid in
excess of an amount equal to 1080 hours plus the amount the Firefighter had on the books as of
December 20, 1998. Appendix E sets forth the pay methodology for eligible vacation leave.
The City retains the current practice of permitting Firefighters to sell one (1) day of vacation
for each day of vacation taken to a maximum of five (5) days per year. Firefighters 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 taken during 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 not to exceed one
hundred and twenty (120) hours (10 days times 12 hours) per year. All other Firefighters working
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 forth the pay methodology for eligible vacation sell
back.
The City shall distribute funds in cash or as contributions to a deferred compensation plan or
as otherwise directed by the Firefighter. Any costs incurred for the transfer of funds for distributions
other than direct payment to the employee shall be the responsibility of the Firefighter. The City
may require that the Firefighter release and hold the City harmless for any penalties or other
liability incurred by the City as a result of allowing the Firefighter to defer compensation under this
provision. The City shall not be required to make a payment to a deferred compensation plan or
other plan if it is determined, in the City's sole discretion, that such payment or distribution is not in
compliance with all applicable laws, rules, and regulations.
ARTICLE XIII
LEGAL PROCEDURES
Section 1. Legal Defense.
The City will provide a legal defense to any Firefighter in a civil lawsuit, on account of any
action taken by such Firefighter while acting within the course and scope of the Firefighter's
employment for the City of Corpus Christi. The City will also provide legal defense for a Firefighter
when he or she receives a traffic citation as a result of being involved in a traffic accident while
making an emergency run to the scene of a fire or an emergency while acting in the course and
40
400
scope of the Firefighter's employment for the City of Corpus Christi. The City, by conducting or
participating in the employee's defense, does not assume any obligation or liability not otherwise
imposed by law and does not expressly or impliedly waive any immunity or defense which is
available to the City. The City shall assume no obligation not otherwise imposed by law for any
judgment which is rendered against an employee. The City Manager may in his discretion refuse a
legal defense for an employee where there are indications of intentional acts, gross negligence or
recklessness which will be communicated to the employee in writing. The City shall provide such
legal defense through an attorney not connected with the prosecution of such case.
(1) The Firefighter shall notify the Fire Chief of any claim being made against such Firefighter
not later than ten (10) days from the date that such Firefighter received notice of such claim,
and shall request the City to assume the defense of the Firefighter regarding such claim. The
City shall require that such request be made in writing.
(2) If suit is brought against such Firefighter, such Firefighter shall immediately forward to the
City Attorney every demand, notice, summons or other process received by him/her within
twenty four(24) hours of receipt.
(3) Such Firefighter shall cooperate with the City and, upon the City's request, shall assist in
making settlements, and the conduct of suits, and in enforcing any rights of contribution or
indemnity against any person or organization who may be liable for all or part of such
damages, and shall attend all hearings and trials and assist in securing and giving evidence
and obtaining the attendance of witnesses.
ARTICLE XIV
ASSOCIATION HEALTH AND BENEFIT TRUST
Section 1. Trust Creation.
The City and the Corpus Christi Firefighters' Association agree that the Association Health
and Benefit Trust is the sole responsibility of the Association and that the City has no involvement
in the Trust.
Section 2. Indemnification.
The Association shall defend, indemnify and hold the City harmless from any and all claims,
legal actions, liability, damages, and expense brought by any parties in connection with or arising
out of the operation or administration of the Trust.
ARTICLE XV
REOPENER PROVISION
The parties agree that the City or the Association may reopen negotiations as to matters included in
the Tri-Data Comprehensive Analysis Fire and EMS Delivery Report currently being finalized,
under Texas Local Government Code Chapter 174. Such negotiations shall be set at the
convenience of both parties. This agreement shall also be subject to mutual renegotiation for a joint
health plan group benefits pool with other classes of employees at any time during its term. In
order for the contract to be amended both parties must agree upon the amendment. Amendments to
the contract must be ratified by appropriate parties. As to the Tri-Data issues, this Provision will
expire on August 1, 2007, otherwise it shall be in effect until a successor agreement is reached.
41
ARTICLE XVI
IMPASSE PROCEDURES
PART I
Negotiations for a new contract shall commence in accordance with The Fire and Police
Employee Relations Act (the "Act") and Article VII, Section 2 of this contract. If impasse should be
reached as defined in Section 174.152 of the "Act", either party may request mediation, and if
mutually agreed upon, the parties shall immediately proceed to choose one mediator as provided
herein. The function and powers of mediator shall be as specified in Section 174.151 of the "Act".
The mediation shall extend for fourteen (14) calendar days. If no agreement is reached through
mediation, upon request of either party, the parties shall submit the dispute to one Factfinder. The
selection of the mediator and the Factfinder shall occur as follows. When either party requests
mediation or factfinding, the parties may agree to choose any mediator or Factfinder or method of
choosing same. If no agreement occurs within five (5) days from the request, the parties shall
request a list of seven (7) neutrals from the American Arbitration Association (AAA). Upon
receiving the list, the parties shall select the mediator or Factfinder by alternately striking names.
The request to AAA shall state the dates on which the neutrals must be available. The mediator and
the Factfinder shall be selected within five (5) days after receipt of the list from the AAA. The fee
and expenses of the mediator and the Factfinder shall be split equally between the City and the
Union. All other expenses, including witness fees, shall be paid by the party incurring the expense
or calling the witness. By agreement, the parties may submit any issue or issues to the Factfinders.
If no such agreement is reached, then each party shall be entitled to submit two proposals to the
Factfinder, each proposal on one (1) distinct topic. For example, each of these constitute a distinct
topic: salary, dependent health insurance coverage, promotional procedures, political activities.
Each party may submit its two (2) proposals, and its alternatives to the other party's proposals.
The Factfinder shall conduct a full and fair hearing on the issues submitted to him. The
hearing shall be informal and strict rules of evidence shall not apply. After hearing all evidence
offered by the parties, and any evidence requested independently by the Factfinder, the Factfinder
shall render a written decision making findings of fact and recommendations as to all matters in
dispute. In the opinion, the Factfinder shall exercise his independent judgment and shall not attempt
to "split the difference." Where an issue is submitted to the Factfinder in the form of a proposal and
an alternative to it, the Factfinder's decision with respect to that issue must recommend either the
proposal or the alternative. The Factfinder's decision shall be submitted to the City Council and to
the Association, and shall be advisory only.
In making the findings of fact and recommendations, the Factfinder shall consider the
following evidence submitted to him by the parties or obtained at his direction; the overall
compensation in the current contract including direct salary and fringe benefits; the income
available to the City and demands on that income; a comparison of wages, hours, and conditions of
employment of Corpus Christi Firefighters with the wages, hours, and conditions of employment of
other public and private employees performing similar services and with other employees generally
in public and private employment in comparable communities and in Corpus Christi; the hazards of
employment, physical, educational, and mental qualifications, job training and skills required of a
Corpus Christi Firefighter; the cost of living in Corpus Christi relative to other communities; the
rate of increase in the cost of living for the preceding twelve (12) month period using localized data
42
New
CONCLUDING PROVISION
IN WITNESS WHEREOF, we have executed this agreement this day of , 2007.
CITY OF CORPUS CHRISTI CORPUS CHRISTI FIREFIGHTERS
ASSOCIATION, LOCAL UNION 936
eadcr2 4„ / .
Ge ge . Noe, CITY MANAGER Carlos Torres, PRESIDEN/
Negotiating - Negotiating Team Members
41 /1 4I -dofre,
ASA/� —,
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t'.'. I 1.Q5S
Oil
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A ST:
City Secretary
APPROVED:
� � 07 AUTHORII.b+
/5*F day of J��rr- ,2007
ill -2 a
crntIt,
ity A orn
�• SE�ETARY
44 �
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to the fullest extent feasible; and any current national or state policies or guidelines with respect to
compensation.
It is agreed that in the interest of maintaining harmonious relations between the City and its Fire
Fighters each party will make a sincere and earnest effort to resolve the dispute through the fact
finding process.
PART II
It is agreed and understood that if the above fact finding procedure fails to result in an agreement,
the City and the Association each retain any and all rights under Texas law, including but not
limited to Chapter 174, irrespective of the inclusion of the fact finding process in this agreement.
Any deadlines shall resume from the date of notice by either party, after the recommendation of the
factfinder that the party has determined not to proceed further with a resolution under the fact
finding process.
ARTICLE XVII
DURATION AND CONCLUDING PROVISIONS
Section 1. Duration.
This agreement shall be effective as of date of signing and shall remain in full force and
effect until July 31, 2008, and thereafter until superseded by a new contract.
Section 2. Severability.
If any article or section of this agreement should be found invalid, unlawful, or
unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority,
all other articles and sections of this agreement shall remain in full force and effect for the duration
of this agreement.
Section 3. Conflict with Civil Service Statute.
To the extent that any of the provisions of the agreement conflict with Chapter 143 or any
other State Civil Service Statute, the provisions of the agreement shall control and the applicability
of such statutes are altered accordingly.
Section 4. Copies of Agreement.
The City shall provide sufficient copies of this agreement, without alteration, so that every
employee covered herein shall have a copy. The City shall be responsible for the distribution of the
copies of this agreement to members of the bargaining unit.
43
Attachment 1
Fire Department's Alcohol and Drug Policy
A. INTRODUCTION
The Corpus Christi Fire Department has a responsibility to provide the highest level of public
safety service attainable by a City. All employees of the Department share in this responsibility.
The sensitive position of all firefighters involved in fire suppression and/or emergency medical
services or other assigned duties requires assurance that there is no use of illegal or prohibited
drugs. It also requires assurance that firefighters are not under the influence of alcohol while on
duty.
The City of Corpus Christi 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 amendments provided by this policy become effective upon execution of the 2005-2008
collective bargaining agreement between the City and the Union and will be incorporated into the
Fire Department General Manual to be effective as of that date.
This policy applies to all sworn personnel and trainees in the Fire Department, regardless of
rank or assignment. All civilian personnel are covered under the citywide policy (H.R. 15.0).
C. PROHIBITIONS:
This policy prohibits:
1. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or drug
paraphernalia.
2. The unauthorized use, possession, manufacture, distribution or sale of any controlled substance.
3. The presence of a detectable level of any illegal drug or unauthorized controlled substance or
any metabolite of any such substance in the 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 during the firefighter's working hours including all lunch and break times.
5. Use of alcohol while off duty in violation of Civil Service Commission Rules and Regulations,
and Chapter 143, Local Government Codes.
6. Unauthorized storage in any locker, desk, City vehicle or other repository on City premises or
worksites of any illegal drug, drug paraphernalia, unauthorized controlled substances or alcohol.
45
tire
7. Switching or adulterating any breath or urine sample submitted for testing.
8. Refusal to consent to testing 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 laboratory
collecting the specimen for testing.
9. Failure to pass any drug or alcohol test administered under this policy.
10. Refusal to consent to inspection of any desk, locker or other City property under a firefighter's
control when requested by a supervisor or law enforcement officer
11. Arrest or conviction for any drug or alcohol-related crime committed at any time.
12. Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug or
alcohol-related crime committed at any time.
13. Failure to report to his/her supervisor the use of any controlled substance prescribed by a
physician or non-prescription drug which may impair the firefighter'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 prescribing physician or provide other proof of drug prescription and
prescribing physician.
15. Failing to adhere to the provisions of any agreement executed by the firefighter which requires
treatment or counseling for alcohol or drug abuse.
16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy.
17. Knowingly, taking prescribed medication in a manner or dosage other than as prescribed.
D. DEFINITIONS UNDER THIS POLICY
1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana, hashish,
THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other controlled
substance not validly prescribed by a physician.
2. CONTROLLED SUBSTANCE: includes all of the above illegal drugs plus any other
substances covered by Schedules I through V of the federal Controlled Substances Act (21
U.S.C. 801 et seq.) or the Texas Controlled Substances Act (Chapter 481, Texas Health and
Safety Code). Controlled substances include amphetamines, barbiturates, methadone,
benzodiazepines, methaqualone, morphine, codeine and anabolic steroids, A controlled
substance is "unauthorized" if the firefighter does not have a valid prescription for that
substance at the time of its use or possession.
46
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3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites
(where a firefighter is working), parking lots, and means of transportation owned, leased, or
otherwise used for City business including motor vehicles, equipment, or machinery. An
employee's vehicle is also included in this definition when being used to conduct City business
or when parked during an employee's working hours, including lunch or break times; provided
however, that personal vehicles parked on city property may only be inspected or searched by
law enforcement personnel based on probable cause.
4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show
positive evidence of the presence of an illegal drug or unauthorized controlled substance in the
body.
5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not show
evidence of the presence of an illegal drug or unauthorized controlled substance in the body.
6. DETECTABLE LEVEL: is 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
Chiefs and Union's approval.
E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
1. The following violations of this policy shall be grounds for termination.
a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug, drug
paraphernalia or controlled substance while on duty, in a City vehicle or on break time or,
b. use without authorization of alcohol while on duty or while occupying any City vehicle or
during break period,
c. failing a drug test administered under this policy.
2. Any firefighter who violates any other provisions of this policy shall be disciplined up to
and including termination.
3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the
firefighter has disclosed any consumption of alcohol during his/her off duty hours.
F. DRUG TESTING
Drug testing will be conducted using a laboratory certified by the Department of Health and
Human Services (NIDA). Chain-of-custody procedures will be followed to account for the integrity
of each urine sample by tracking its handling and storage from point of specimen collection to final
disposition of the specimen.
Each specimen submitted for testing under this policy shall be split and a sample shall be
reserved for an independent analysis in the event of a positive result.
47
Each specimen submitted for testing under the testing provision of this policy with the exception
of pre-employment, will be assayed for the presence of the following compounds.
EMIT SCREEN GC-MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP ng/ml* ng/ml*
Amphetamine 1,000 500
Barbiturates 300-1000 200
Benzodiazepines 300 200
Cocaine Metabolites 300 150
Marijuana 50 15
Metabolites 300 300
Methadone 300 200
Methaqualone 300 200
Opiate Metabolites 300 300
Phencyclidine 25 25
Propoxphene 300 200
*nanograms/milliliter
The laboratory will also assay each specimen for signs of possible adulteration. Specimen
alteration assays will consist of two or more of the following:
* Creatinine
* Chloride
* Specific Gravity
* Ph
Pre-employment testing shall utilize the SAP 10.
The initial test (also known as a screening test) shall be a enzyme immunoassay screen (EMIT)
to eliminate "negative" urine specimens from further consideration.
If the initial test indicates a positive result, a confirmation test by gas chromatography/mass
spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The
confirmation test shall be independent of the initial test 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 is not an approved confirmation procedure, an alternative confirmation test will be
used.
48
The Chief shall designate a Testing officer with 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 responsibilities and duties shall be established by the Chief.
Drug testing under this policy will include:
1. Pre-employment: All job offers are contingent upon passing a drug test. Applicants who fail a
drug test will be ineligible to apply for employment in the future.
2. Post-accident: Any firefighter who, while operating a City vehicle, is involved in an accident
involving a fatality, serious bodily injury or substantial damage to property, shall be subject to
drug and alcohol testing. The decision to order such testing shall be made by the Fire Chief.
The test shall be performed as soon as possible at the order of the Fire Chief.
3. Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter has used
or possessed an illegal drug or unauthorized controlled substance or has violated the alcohol-
related provisions of this policy, the Chief may order the firefighter to submit a urine and/or
blood specimen for alcohol and/or drug testing.
4. Random Testing: The Fire Department shall be divided into 45 groups consisting of the
following work sites or groups:
Administrative Offices (Includes the City Manager, Human Resources Director, 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 selection of one of the above work groups or sites.
The testing agency shall provide a computer-based random selection of the group to be tested each
month. Two groups will be selected and tested each month. The Chief, or designee, will notify the
employees selected for a test within no more than three (3) hours of the testing. Any firefighter
either permanently or temporarily assigned, including members working trades for regular
firefighters, shall be subject to testing.
All testing will be conducted on site except for personnel assigned to Training, Fire Prevention &
Arson, and Administration. Personnel not tested on site will be required to report to a designated lab
within 3 hours of notification by their supervisor.
Employees on vacation, sick leave, other leave, or on City business outside the city, will not be
notified or have to take the test.
G. COMPLIANCE WITH POLICY
1. Applicants and firefighters subject to testing will have the opportunity to submit a list of
prescription and non-prescription drugs they have used in the last thirty (30) days and to explain
49
the circumstances surrounding the use of such drugs to the MRO before a decision regarding
test results is made.
2. Any firefighter 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 tested as
described in the agreement signed by the firefighter.
3. A firefighter with an alcohol content of .04% will be presumed to be under the influence of
alcohol for purposes of this policy.
4. If the Medical Review Officer's (MRO) review of drug test results indicates 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 hire. If the MRO's review determines there is
no legitimate medical explanation for the confirmed positive test result, the firefighter will be
subject to disciplinary action up to and including discharge upon the first 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 licensed physician with
knowledge of drug abuse disorders and certified as a Medical Review Officer for drug testing.
The MRO shall review all drug testing results he receives and interpret confirmed positive test
results to determine if there is an alternative medical explanation of the confirmed positive result.
I. ALCOHOLISM AND DRUG ADDICTION
While occasional or "social" use of drugs and alcohol can become detrimental to the workplace
and to personal health, we recognize that alcoholism and drug addiction are medical disorders
which can be treated. The City of Corpus Christi believes it has a responsibility to provide
assistance to our employees through the Employee Assistant Program, but the initiative in seeking
such help is the responsibility of the firefighter.
Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug-related
problems before the problem becomes evident, will be offered rehabilitation help on a strictly
confidential basis using the leave policies currently available for other health-related problems.
Whether voluntary or mandatory rehabilitation is required, these costs are the responsibility of the
firefighter. Medical Plan Insurance may be used to 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 problems to light, the firefighter will be subject to appropriate
disciplinary action.
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011110 *id
J. IMPLEMENTATION OF DRUG-FREE AWARENESS PROGRAM
The Drug-Free Awareness Program will provide an ongoing education effort for the firefighters
to prevent and eliminate drug and alcohol abuse that may affect the workplace. This program will
cover:
1. The dangers of alcohol and drug abuse in the workplace;
2. This Alcohol and Drug Policy;
3. The availability of treatment and counseling for firefighters voluntarily seeking such counseling
through the Employee Assistance Program; and
4. The discipline which will be imposed for violations of this polic y.
Supervisors are the "keys" to successfully implementing this policy. Initial and ongoing
supervisory training will be mandatory for supervisors and will cover the following areas:
1. Identifying and documenting job performance and on-the-job behavior which may reflect the
impact of personal problems;
2. Identifying evidence of on-the-job use or presence of alcohol or drugs;
3. Procedure for referral of troubled firefighters to the Employee Assistance Program;
4. Procedure for testing firefighter suspected of violating this policy;
5. Constructive confrontation techniques;
6. Orientation on drug procedures and technology; and
7. Procedures for conducting workplace inspections.
Trainees will be trained on this Policy at the Academy and new supervisors will be trained
through recurring sessions provided on the Training calendar.
K. RECORDS PROCEDURES
1. RELEASE OF INFORMATION:
Requests for employment verification or references for an individual terminated under this
policy shall be forwarded to the Human Resources Department for response. For Texas
Employment Commission hearing on granting unemployment insurance, the City will cite a
rules violation as the reason for termination and will supply a copy of the letter of termination
which states specific reasons. Where there is doubt about the release of information, the Legal
Department shall be consulted for guidance.
2. REPORTING CONVICTION TO FEDERAL AGENCY:
In compliance with the Drug Free Workplace Act, the Human Resources Department will
notify the appropriate federal agency within ten (10) days after receiving notice from the
firefighter of a conviction under criminal drug statutes.
51
virsOi
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (MI)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct, each pay period, the sum of $
as certified by the International Association of Firefighters, Local 936, as the current rate of dues or
an amount as may hereafter be established by the International Association of Firefighters, Local
936, as dues. This deduction is to be forwarded directly to the International Association of
Firefighters, Local 936. The authorization of this deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward to the Association only
those sums actually deducted and will not be liable for damages to me for failure to deduct any
authorized sum for any reason.
Signed
Date
52
11110 411110
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Assessment Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (MI)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct a special assessment in the sum of
$ as certified by the International Association of Firefighters, Local Union No. 936, for
the express purpose of . The authorization of this special assessment
deduction is entirely voluntary on my part.
I understand that the City of Corpus Christi will be obligated to forward to the Association only
those sums actually deducted and will not be liable for damages to me for failure to deduct any
authorized sum for any reason.
Signed
Date
53
APPENDIX "C"
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code Payroll No. Employee No. Code No.
Social
Name Security No.
(Last) (First) (MI)
Address Zip Code
I hereby terminate the authorization previously executed by me on
(date) for dues deduction for the International Association of Firefighters, Local Union No. 936,
and request that the City make no further ( ) regular or ( ) special dues deductions under said
authorization. This termination of dues deduction is entirely voluntary on my part, and I
understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this
termination for any reason.
Signed
Date
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%NO 4111110
APPENDIX "D"
THE FORMULAS DESCRIBED BELOW ARE A CONCEPTUAL DESCRIPTION OF THE
CALCULATIONS AND DO NOT DESCRIBE THE EXACT COMPUTER PAYROLL PROCESS.
A. CALCULATING FIRE SUPPRESSION OVERTIME PAY BASED ON 27 DAY
WORK PERIOD
In a 52 week, 365 day year, each suppression firefighter is scheduled to work a 24 hour shift every three
days which equates 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" included in the calculations below are applicable longevity, assignment and
certification pays listed in the Wages Article in the 2001-2003 Collective Bargaining Agreement as per
the 1989 overtime grievance resolution plus education incentive pay, the EMS supervisory officers pay,
and the Assistant EMS Director pay when applicable.
1. TO COMPUTE CYCLE AND HOLIDAY OVERTIME PAY:
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/"Add Pays"
Pay Period Salary w/"Add Pays"
80 Hours Per Contract = Hourly Cycle/Holiday Rate
Pay Period Salary w/"Add Pays" = Dock Rate (Regular rate)
108 Hours
(Hourly Cycle/Holiday Rate) x (1.5) - (Dock Rate) = Cycle/Holiday Overtime Rate
(Cycle/Holiday Overtime Rate) x (No. of Cycle Hours Worked) = Cycle Overtime Pay
(Cycle/Holiday Overtime Rate) x (No. of Holiday Hours Worked) = Holiday Overtime Pay
2. TO COMPUTE OTHER OVERTIME PAY(HOLDOVER AND CALLBACK):
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/ "Add Pays"
Pay Period Salary w/"Add Pays"
90 Hours Per Contract = Hourly Call Back/Holdover Rate
(Hourly Call Back/Holdover Rate) x ( 1.5 ) = Call Back/Holdover Overtime Rate
(Call Back/Holdover Overtime Rate) x (Call Back Hours)# = Call Back Overtime Pay
(Call Back/Holdover Overtime Rate) x (Holdover Hours) = Holdover Overtime Pay
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# Call Back is for time worked or 3 hour minimum as per contract.
B. CALCULATING OVERTIME PAY FOR TRAINING/PREVENTION & 40 HOUR
EMPLOYEES
1. TO COMPUTE HOLIDAY OVERTIME PAY:
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/ "Add Pays"
Pay Period Salary w/"Add Pays"
80 Hours per Pay Period = Dock Rate (Regular Rate)
(Dock Rate) x (1.5 ) - (Dock Rate) = Holiday Overtime Rate
(Holiday Overtime Rate) x (No. of Holiday Hours Worked) = Holiday Overtime Pay
2. TO COMPUTE OTHER OVERTIME PAY FOR TRAINING/PREVENTION & 40
HOUR EMPLOYEES ( CALLBACK ):
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/"Add Pays"
Pay Period Salary w/"Add Pays"
80 Hours Per Pay Period = Dock Rate (Regular rate)
(Dock Rate) x (1.5) = Call Back Overtime Rate
(Call Back Overtime Rate) x (Call Back Hours)# = Call Back Overtime Pay
# Call Back is for time worked or 3 hour minimum as per contract.
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ito
APPENDIX "E"
CALCULATING "DRAG-UP PAY" (VACATION AND SICK LEAVE) AND VACATION
LEAVE SELL BACK FOR FIRE EMPLOYEES
Pursuant to the Arbitration Award of Arbitrator Don B. Hays, dated October 19, 1988, in AAA
Case No. 71 390 0187 88, Corpus Christi Firefighters Association and City of Corpus Christi,the
Collective Bargaining Agreement on Wages overrides the statutory calculation of payment of
accrued sick leave on separation. The components of wages contractually agreed to be used in
determining the hourly rate for payment of"drag-up pay" for eligible accrued vacation and sick
leave are applicable monthly base salary, longevity, certification and assignment pays listed in
Wages Article V of the August 1, 2001- July 31, 2003 Collective Bargaining Agreement plus the
EMS supervisory officers pay and the Assistant 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 the average 54 hours per week for 24 hour shift employees to determine the hourly
rate for drag-up pay. The formula below shall also be used to compute the amount paid for
Vacation Leave Sell Back under Article 12 Section 8.
1. TO COMPUTE 24/48 HOUR SHIFT EMPLOYEE "DRAG-UP PAY" AND
VACATION LEAVE SELL BACK HOURLY RATE:
(Annual Base Salary)+(Annual Longevity, Assignment, and Certification Pay) * = Hourly Drag Up Rate
(26 Pay Periods) x (54 hours/week) x ( 2 weeks/pay period)
2. TO COMPUTE 40 HOUR EMPLOYEE "DRAG-UP PAY" AND VACATION LEAVE
SELL BACK HOURLY RATE:
(Annual Base Salary)+(Annual Longevity,Assignment, and Certification Pay) * =Hourly Drag Up Rate
(26 Pay Periods)x(40 hours/week) x (2 weeks/pay period)
* Applicable wage components listed in Wages Article V, Section 1-4, in August 1, 2001 -July 31, 2003
Collective Bargaining Agreement plus applicable EMS supervisory officers pay and Assistant EMS
Director pay as described above.
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APPENDIX "F"
Title: Call Back Procedures
Corpus Christi Fire Department
Standard Operating Procedures
No. 101.09
I. PURPOSE: To establish standard procedures and guidelines for utilizing the Fire
Department call-back list.
II. SCOPE: These instructions apply to call back situations as applicable.
III. DEFINITIONS:
A. Daily Staffing List: A list composed of firefighters needed to fulfill the Daily
Staffing levels of normally assigned units.
B. Daily Eligibility List: A daily list composed of the top eligible firefighters from
the Daily Staffing List.
C. Special Events List: A list composed of firefighters needed to fulfill positions for
planned events.
D. Special Events Call Back: Planned, anticipated events that allow the Department
adequate time for scheduling. Examples may include such
situations as jury duty, parades, etc.
E. Holdover: A requirement for a firefighter to remain on duty after the completion
of their normal shift for the purposes of determining morning staffing levels and
completing those assignments. Additionally, a "holdover" may be used to
augment staffing during promotional exams, and other short term assignments.
F. Emergency Call Backs: A mandatory requirement to report to work in the event
of an emergency or other situation as declared by the Fire Chief or his/her
designee. Recognizing that both the citizens and on duty firefighters at the scene
need immediate assistance, the Department may utilize any means necessary to
initiate this assistance. Firefighters called in on an emergency call back will not
lose their place on any call back list.
IV. RESPONSIBILITY:
A. It shall be the responsibility of the Fire Chief or his/her designee to ensure that
this policy is adhered to when initiating a Call Back.
B. Fire Department personnel have the responsibility and duty to report to work
when contacted and advised that an emergency exists or has been
declared by the Fire Chief, or his representative.
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C. Failure of an employee to respond to a call back during an emergency without
being excused by the Fire Chief, First Assistant Chief or the Shift Commander
may result in disciplinary action being brought against said employee.
V. CALL BACK LISTS:
A call back list will be created for"Special Events" and a separate list for"Daily
Staffing". A firefighter's position on the Special Events List will not affect his/her
position on the Daily Staffing List or vice versa. (Example: a firefighter is called back for
a parade for three hours and consents to work. He/she remains in his/her position on the
Daily Staffing List)
VI. GENERAL:
A. Each call back list shall include the name, rank, certifications (EMT, Paramedic,
etc) and qualifications (assigned Rescue, HazMat, etc.) of all members of the
shift. Firefighters who do not wish to be assigned to the Special Events List shall
notify the Fire Chief in writing.
B. Each callback list shall contain firefighters' permanent home telephone numbers.
Pagers or cell phone are not permitted. The Department will not leave messages
on answering machines, nor will the Department relay messages through a third
party.
C. Firefighters shall be called back in numerical order from the first position on a
call back list to the last position on the list. After 8:00 a.m. vacancies will be
filled by calling back a firefighter to complete the shift at the station in which the
vacancy occurs. This will be accomplished by calling back the first firefighter on
the list that is able to fill a position in the station in which the vacancy occurs,
which will be a firefighter of equal or lower rank than the vacant position. Once a
firefighter has been called back and works overtime, or declines a Special Events
callback, his/her name shall be placed in the last numerical position on the
applicable list.
D. A firefighter reassigned to another shift shall be added to the call back list for that
shift in the same numerical position held on the list before reassignment. In the
event that more than one such firefighter is reassigned with the same numerical
position on the applicable callback list, placement shall be by lot. A probationary
firefighter will be placed in the last numerical position on the applicable callback
list for his/her assigned shift, provided that placement order at the bottom of the
list shall be by lot.
E. For call backs that require staffing by specific rank, certification, or qualification,
only firefighters on the applicable callback list who possess the needed rank,
certification, or qualifications shall be eligible for the callback.
F. For EMS callbacks, Firefighter 1 Paramedics, and FFII EMT and EMT-P's
assigned to EMS and are qualified as per Article VI, Section 1 of the Collective
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aire INS
Bargaining Agreement shall be considered eligible. Firefighter I Paramedics who
have served five years as a FFII EMS will not be called back for EMS staffing.
Medic unit staffing shall include at least one paramedic.
G. FFII EMS personnel routinely perform fire suppression duties (tailboard) in
addition to EMS duties. For purposes of this policy, FFII EMS personnel shall be
utilized in either position, however, FFII EMS personnel, when performing a call
back, shall not be assigned to a FFII Engineer position.
H. Personnel who are not immediately available to answer the telephone will
be considered "unable to contact".
I. Firefighters who on sick leave will not be eligible for overtime until reporting
back to duty, or to other scheduled leave (vacation, Kelly, PL, etc.).
VII. DAILY STAFFING GUIDELINES:
A. This procedure will be used when the Fire Chief or his designee determines it is
necessary to utilize the call back list to maintain the daily staffing needs of the
Department. This list shall be a separate list from the Special Events list.
B. To maintain daily staffing levels, this procedure will utilize personnel in their
numerical order on the Daily Staffing List, and not rank for rank. The Fire Chief's
designee will make every attempt to utilize the list in the numerical order, with
the exception of situations where the firefighter would be required to perform in a
lower rank except as noted in paragraph VI-G.
C. It is the responsibility of each firefighter to be adequately prepared to immediately
report to duty when called back for Daily Staffing. If the firefighter is unable to
immediately report to duty (upon being properly relieved,) to the assigned station,
the firefighter shall be considered to have refused and his/her name shall be
placed at the bottom of the Daily Staffing List.
D. Firefighters who are called in for an overtime assignment must report to, and
complete the assignment in person. Firefighters who are on approved leave shall
not be considered for Daily Staffing callback. Standby periods for up to four
hours are acceptable, provided that the firefighter that accepts the callback
assignment is available to report to the assigned Station immediately.
E. Firefighters may not perform the duties of those in a lower rank except as noted in
paragraph VI.-G., i.e., a Captain will not be called in to fill a FFI assignment, etc.
F. Firefighters who have been previously scheduled to "act" may be reassigned to
accommodate a firefighter who is called back for daily staffing. Reassignment is
at the discretion of the Fire Chief's designee.
G. An EMS Supervisor vacancy shall be filled by using a Firefighter II EMS
assigned to the shift and approved to act as EMS Supervisor.
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411110 %I.
H. Firefighters shall not be assigned to a medic unit when called in for daily staffing
call back if the firefighter has worked a twenty four hour shift on a medic unit
immediately preceding the call back.
VIII. Daily Staffing Procedure:
Firefighters shall have the right to refuse assignment for Daily Staffing without
jeopardizing their position on the call back list except in situations as listed below.
A. As per the Collective Bargaining agreement, firefighters should notify the Shift
Commander on duty, immediately when the employee knows he/she will be
absent on account of illness. If such determination is made by the employee past
midnight, it is acceptable to report the illness between 6:30 a.m. and 7:00 a.m. In
all cases, a report of illness should be made no later than 7:00 a.m.
B. During each shift the Shift Commander shall make arrangements to fill
anticipated, scheduled vacancies for the following shift by reassigning
firefighters, and/or assigning firefighters to "act". This list will be left available
for the off-going Shift Commander to utilize for call back.
C. At morning roll call, the Station Captain shall furnish the Shift Commander
with the names of firefighters under his/her command who are declining to work
overtime the following shift. The Shift Commander shall publish a list of the top
eligible firefighters available for callback for Daily Staffing prior to noon. The
number of firefighters on the list will be dependent on the anticipated needs of the
Department. The Shift Commander shall provide the names of ten firefighters
above the number anticipated to be needed. For example, if the shift is anticipated
to be three firefighters short, the Shift Commander shall publish a list of the top
thirteen eligible firefighters. These firefighters shall remain on duty until 8:00
a.m. so as to be available for callback assignment.
D. Once the Daily Eligibility List is posted and a change occurs in the firefighter's
eligibility status, he/she must contact the Shift Commander as soon as possible;
but no later than 10:00 p.m. A change in condition, or refusal that occurs between
the hours of 10:00 p.m., and 8:00 a.m. will result in the firefighter's name being
placed at the bottom of the Daily Staffing list (the firefighter will be placed at the
bottom of the list if the number of needed callbacks meets or exceeds his/her
number/position on the list. This cannot be determined until after sick calls have
been taken).
E. Top eligible firefighters who previously declared available for callback and
have not remained available at their station when contacted by the Shift
Commander will be placed at the bottom of the list. The morning announcement
of"0800 morning roll call" will serve as the official time for purposes of being
placed at the bottom of the Daily Staffing List. In the event "8:00 a.m. Roll Call"
is not announced at the appropriate time, the Station Captain should contact the
District Chief.
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Firefighters on the Daily Eligibility List who have remained available at their
station after 08:00 a.m. may be contacted for callback, if a staffing need arises. If
contacted after 8:00 a.m., these personnel may reject the assignment without loss
of position on the Daily Staffing list.
F. Should a vacancy occur following the 8:00 a.m. roll call, the Shift Commander
may attempt to contact those firefighters available at their stations for Call Back.
If unsuccessful, the Special Events list should be used.
G. The Shift Commander shall make every effort to notify personnel that they
will be used on a callback as early as possible.
H. The Special Events List shall be utilized to fill vacancies that occur after 8:00
a.m., (except as noted in VIII.F)
I. Firefighters shall be called back in their numerical order on the call-back list and
not rank for rank.
IX. SPECIAL EVENTS LIST:
A. Special events will include callbacks for events that allow the Department
adequate time for scheduling. This will include jury duty, parades and other
planned events. This list shall also be used for staffing regularly assigned
apparatus after 8:00 am., (except as noted in VIII.F)
B. Once a firefighter is called back for overtime on a scheduled event, or refused an
offer for callback, his/her name will be placed at the bottom of the Special Events
List. However, his/her name will remain unaffected on the Daily Staffing List.
C. Firefighters will be called back for Special Events in a timely manner whenever
possible. To accommodate the needs of the Department and the needs of the
Firefighter, the call back will be scheduled as far in advance as practical.
Additionally, there is no requirement to be on duty for a complete shift to be
called back for a future Special Event.
X. DIRECTIONS FOR COMPLETING CALL BACK LISTS:
A. The person making the calls will enter the correct code; date (mm-dd-yy),
time, and his/her own initials. Actual time contacted shall be noted.
B. The Fire Chiefs designee will ensure that the list is updated after each use and
will provide an updated list to the First Assistant Chief and to the Union within 48
hours.
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411110
Ihno
C. The OFF-GOING SHIFT is the shift which shall be contacted first during a
CALL BACK.
D. On duty shift Shift to Contact
A C
B A
C B
E. Each Special Event requiring a call back is a new incident and will require
beginning at the top of the list. This will insure that firefighters who had
previously been contacted/or attempted to be contacted, but remained in their
position on the list are first called. Starting at the top, contact each firefighter who
does not have a C.R. (refused), or a C.W. (worked) by their name.
In the event additional firefighters are needed during the shift for Daily
Staffing, the Shift Commander shall not start over at the top of the Special
Events list, but shall begin after the last contacted firefighter.
F. During an emergency, personnel living outside the city limits may be excluded
from a call back as per Article IV, Section 4 of the Collective Bargaining
Contract.
G. The following codes should be used when noting the status of a contact
attempt:
CODE EXPLANATION REMAIN IN POSITION ON LIST
1. C.R. Contacted—refused yes, Daily Staffing
no, Special Events
2. C.W. Contacted, and worked no
3. C.L. Contacted, but on leave yes
4. I.P.N. Incorrect phone # yes
5. U.C. Unable to contact yes
6. C.T. Contacted, but on Trade yes
7. C.U. Contacted, unable yes
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• Definition, Leave: A firefighter is off work due to any scheduled leave
including sick, vacation, personal, kelly, injury, training or other approved
scheduled leave.
• Definition: "Contacted, Unable" shall indicate the firefighter cannot
accept the callback assignment due to previously assigned official
Department business, i.e., schools, etc.
• The Fire Chief shall be notified at any time a firefighter refuses to report
to duty as ordered for an emergency callback.
• Definition of refused: The firefighter cannot report to work for personal
reasons, and the firefighter is not on an approved leave as described above.
H. To facilitate callbacks requiring use of EMS certified personnel, a code
shall be placed next to the rank of each firefighter on the list:
a. "P" shall designate Firefighter I and Firefighter II EMS personnel who are
qualified as per Article VI, Section 1 of the Collective Bargaining
Agreement. In addition, FFI's who have previously served five years as a
FFII EMS will not be required to work an EMS callback, and will not
have a"P" designation.
b. "E" shall designate FFII EMT's who are qualified as per Article VI,
Section 1 of the Collective Bargaining Agreement.
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160
APPENDIX"G"
GRIEVANCE FORM
Date:
CASE NO.:
Name Title
I have discussed this complaint with my supervisor, and received his verbal answer on (date)
. Because this answer is unacceptable to me, I wish to file my grievance
complaint to Step 2.
1. Brief Statement of Grievance and the Facts or Events on which Grievance is Based:
2. Section(s) of contract alleged to be violated:
3. Remedy or adjustment sought by Grievant/Union:
Grievant/Union Grievance Committee Chairman Date
(Chairperson)/Union President's Signature
Union Grievance Committee Chairman(Chair- Date Received
person)/Grievance Committee Member
Fire Chief or Designee Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process
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RESPONSE OF UNION GRIEVANCE COMMITTEE
STEP2
CASE NO.:
Name Title
On day of , 200 , the Grievance Committee met to consider the attached
Grievance and made the following determination.
❑ This is a valid grievance and should proceed to Step 3.
❑ No valid grievance exists and no further proceeding is necessary.
Union Grievance Committee Chairman Date
(Chairperson)/Grievance Committee Member
Fire Chief or Designee Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process.
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RESPONSE OF FIRE CHIEF
STEP 3
CASE NO.:
Name Title
Response:
(Attach additional pages if necessary)
Fire Chief Date
Union Grievance Committee Chairman Date Received
(Chairperson)/Grievance Committee Member
The Grievance is not resolved at Step 3 and is submitted by the Union Grievance Committee to the
City Manager for a Response at Step 4.
City Manager's Office Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance Process.
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RESPONSE OF CITY MANAGER
STEP 4
CASE NO.:
Name Title
The attached Grievance being received on , 200_, the following is the City
Manager's Response:
City Manager Date
Grievance Committee Chairman Date Received
(Chairperson)/Grievance Committee Member
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process.
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