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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. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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: N Attorney R:`,KaredfileslCity Council'Ardinances\2015'- September 10 • CollectiveBargainingEigh thAmendment.doc y, • o' - R:`,KaredfileslCity Council'Ardinances\2015'- September 10 • CollectiveBargainingEigh thAmendment.doc 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