Ordinance No. 12,965ORDINANCE NO. 12, 965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE EIGHTH AMENDMENT TO THE FIRE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the Eighth
Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas,
and the International Association of Firefighters Local 1173. A copy of said amendment is
attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown. _
INTRODUCED, READ and PASSED by the affirmative ote of the City Council of the
City of Baytown this the 10th day of September, 2015.
STtPHEN H. DONCARLOS, Mayor
ATT
L TICIA BRYSCH, City lerk
APPROVED AS TO FORM:
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Exhibit "A"
EIGHTH AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1, 2010 — SEPTEMBER 30.2016
This Eighth Amendment to the Collective Bargaining Agreement for October 1, 2010 -
September 30, 2016 ( "Eighth Amendment ") is signed and agreed upon this the day of
September, 2015, by and between the City of Baytown, Texas, a municipal corporation located
in Harris and Chambers Counties, Texas (the "City" or the "Employer ") and the International
Association of Firefighters Local 1173 (the "Union ").
WITNESSETH
WHEREAS, the Union and the City have mutually agreed to reopen the Collective
Bargaining Agreement for October 1, 2010 — September 30, 2016 (the "Agreement') to: (1)
conform overtime calculations to payroll software capabilities within the requirements of the Fair
Labor Standards Act, and (2) increase certificate pay to adjust compensation for the new
overtime calculation; and
NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits
to both parties, the City and the Union agree to amend the Collective Bargaining Agreement for
October 1, 2010 - September 30, 2016, as follows:
1. Recitals. The recitals contained hereinabove are true and incorporated as part of this
Eighth Amendment.
2. Amendments.
a. Article 9 "Overtime," Section 2 "FLSA Provisions" of the Agreement is hereby
amended to read as follows:
ARTICLE 9
OVERTIME
Section 2. FLSA Provisions
The City may continue the 207(k) option permitted under the Fair Labor Standards Act,
which provides overtime after an employee works a specified number of hours in a designated
work period. Only Time Worked will be considered for purposes of computing overtime
compensation.
The parties agree that the City has the right to require that Overtime Hours be
compensated in the form of pay or compensatory time, as determined appropriate by the Fire
Chief. If compensatory time is required by the Fire Chief or his/her designee, the employee shall
be notified prior to overtime being worked. Overtime compensated monetarily shall be calculated
as required by FLSA. Overtime compensated as compensatory time shall be calculated at the rate
of one and one -half hours for each hour of Overtime Worked. All overtime to be worked must be
approved in advance by the Fire Chief or his /her designee.
When leave classified as Non - Worked Time is taken or used by a Firefighter in the same
Work Period that the Firefighter earns Additional Hours Worked; Additional Hours Worked that
Seventh Amendment, Page 1
do not qualify for overtime under FLSA shall be paid hour - for -hour as compensatory time or
regular pay, as determined by the Fire Chief.
The maximum number of hours of accrued compensatory time shall not exceed the cap
established in the City of Baytown Personnel Policy Manual. There shall be no pyramiding of
overtime under this Agreement, that is, hours shall not be paid for or credited to leave balances
more than once.
b. Article 9 "Overtime," Section 4 "Call Ins" of the Agreement is hereby amended to
read as follows:
ARTICLE 9
OVERTIME
Section 4. Call ins
When staffing falls below minimum levels, as determined exclusively by the Fire Chief
and/or his /her designee, and employees are required to be on duty or in cases of fire and/or
medical emergencies, the Fire Chief or his /her designee may call in off -duty employees to work in
accordance with this section or Section 7. Firefighters will be called back in numerical order
from the first position on an overtime list to the last position on such list from the rank creating
overtime starting with the off -going shift. If no one in the appropriate rank on the off -going shift
accepts the call back to duty, persons from the list of the appropriate rank from the shift on duty
prior to the off -going shift shall be contacted in numerical order from the first person on the list to
the last person on the list. If no one in the appropriate rank on that shift accepts the call back to
duty, persons from the list of the appropriate rank from the shift on duty but not working shall be
contacted in numerical order from the first person on the list to the last person on the list.
If no one accepts overtime from the previous list, the person on duty may be required to
work overtime. Held over employees forced to work shall be compensated, either in the form of
pay or compensatory time, as determined by the employee. The Overtime compensated
monetarily shall be calculated as required by FLSA. Overtime compensated as compensatory
time shall be calculated at the rate of one and one -half hours for each hour of Overtime Worked.
Employees regularly scheduled to work, or employees who accept extra hours voluntarily, shall
not be paid overtime, unless otherwise entitled to it.
Once an employee has been called back to duty, or has refused overtime, he/she shall be
placed in the last numerical position on the overtime list; provided that if an employee, who is
called back to duty, works less than 12 hours, he. ?she retains his /her place on the list. Personnel
scheduled to be on duty and/or approved leave will not lose their place on the overtime rotation
list. The City may call an employee in from another classification only after attempting to contact
all eligible employees on the lists in the classification creating overtime. When employees are
called in from another classification, the same method used in this section shall be used to
distribute the overtime evenly.
c. Article 23 "Compensation," Section 2 "Certificate Pay" of the Agreement is hereby
amended to read as follows:
ARTICLE 23
COMPENSATION
Section 2. Certificate Pay
A. Education. Employees with the following certifications shall be paid based upon
the applicable Year as defined in Section 1 hereof the following monthly certificate pay:
Eighth Amendment, Page 2
Employees may receive only one of the above certificate pay per month.
3. Essence. Time is expressly declared to be of the essence in regards to the
Agreement.
4. Jurisdiction. The Agreement and all amendments thereto, including this Eighth
Amendment, shall be construed under and in accordance with the laws of the State of
Texas, and all obligations created by the Agreement and all amendments thereto shall be
performable in Harris County, Texas.
5. Validity. In case any one or more of the provisions contained in this Eighth Amendment
shall for any reason be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof and
this Eighth Amendment shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
G. Ambiguity. In the event of any ambiguity in any of the terms of this Eighth Amendment,
it shall not construed for or against any party hereto on the basis that such party did or did
not author the same.
7. Sole Agreement. The provisions of this Eighth Amendment and the provisions of the
Seventh Amendment, the Sixth Amendment, the Fifth Amendment, the Fourth
Amendment, the Third Amendment, the Second Amendment, the First Amendment and
the Agreement should be read together and construed as one agreement, provided that in
the event of any conflict or inconsistency between the provisions of this Eighth
Amendment and the provisions of the Seventh Amendment, the Sixth Amendment, the
Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second
Amendment, First Amendment and /or the Agreement, the provisions of this Eighth
Amendment shall control.
8. Amendments. No amendment, modification, or alteration of the terms of this Eighth
Amendment shall be binding unless the same be in writing, dated subsequent to the date
hereof and duly executed by the parties hereto.
4. Headings. The headings as to contents or particular articles or sections herein are
inserted only for convenience. They are in no way to be construed as a part of or
limitation on the scope of the particular section or sections to which they refer.
Eighth Amendment, Page 3
10. Authority. Each party has the full power and authority to enter into and perform this
Eighth Amendment and the person signing this Eighth Amendment on behalf of each
party has been properly authorized and empowered to enter into this Eighth Amendment.
11. Preemntion. To the extent that any provision of this Eighth Amendment conflicts with or
changes Chapter 143 of the Texas Local Government Code or any other applicable
statute, executive order, local ordinance or rule, or earlier versions or amendments of the
Agreement, this Eighth Amendment shall supersede such provisions, as authorized by
Chapter 174 of the Local Government Code.
12. Binding Effect. The parties acknowledge they have read, understand, and intend to be
bound by the terms and conditions of this Eighth Amendment.
13. Multiple Execution. It is understood and agreed this Eighth Amendment may be
executed in a number of identical counterparts, each of which shall be deemed an original
for all purposes.
IN WITNESS WHEREOF L���t�hhe undersigned City and the Union hereto execute this
Eighth Amendment on this the why of September, 2015, the date on which this amendment is
signed by the City Manager.
CITY OF BAYTOWN
RICHARD-L. DAVIS, City Manager
is c
RADeanieTi,e CBA 8th Amendmem.d.
Eighth Amendment, Page 4
BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION, LOCAL 1173
10 LIN _H M vL .
ATTEST: /
Secretary