Ordinance No. 13,385ORDINANCE NO. 13,385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE 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 Collective
Bargaining Agreement between the City of Baytown, Texas, and the International Association of
Firefighters Local 1173. A copy of said agreement 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. /J
INTRODUCED, READ and PASSED by the affirmative
Baytown this the 12'x' day of January, 2017. /
ATTEST:
L TICIA BRYSCH, City Ork
APPROVED AS TO FORM:
G ACIO RAMIREZ, SR., Ci ttorney
of the City Council of the City of
DONCARLOS,
1lcobfsOIAegaWarenTiles\CityCouncil',Ordinances\2017Uanuary 12 CollectiveBargainingAgreement20017.doc
yor
Exhibit "A"
COLLECTIVE BARGAINING AGREEMENT
between
THE CITY OF BAYTOWN, TEXAS
and
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1173
January 27, 2017 — SEPTEMBER 30, 2019
8
TABLE OF CONTENTS
ARTICLE NO.
DESCRIPTION
PAGE NO.
1
Preamble
1
2
Recognition
1
3
Management Rights
1
4
Applicability of City's Rules and Policies
3
5
Union Membership Not Required/
Non -Discrimination
3
6
No Strike Clause
4
7
Dues Deductions
5
8
Age Limit For New Hire
5
9
Probationary Period
5
10
Post -Hiring Requirements
6
11
Relocation Expenses For New Hires
7
12
Closing Cost Reimbursement for Existing
Firefighter/Paramedics
7
13
Reimbursement of Paramedic Training
Tuition
8
14
Leave of Absence
8
15
Reappointment
9
16
Vacation
10
17
Holidays
10
18
Sick Leave
10
19
Insurance Benefits
11
20
Hours of Work
11
8
ARTICLE NO.
DESCRIPTION
PAGE NO.
21
Overtime
11
22
Shift Exchanges and Employee Substitutions
15
23
Time Off For Association Business
15
24
Compensation
17
25
Personnel Reduction
20
26
Promotions
20
27
Duties
21
28
Political Activity
21
29
Drug and Alcohol Testing
22
30
Disciplinary Action
22
31
Grievance Procedures
23
32
Wellness Initiative
25
33
Terminal Leave
29
34
Retirement
29
35
Fire/EMS Merger
29
36
Miscellaneous Provisions
30
37
Savings Clause
31
38
Scope of Agreement
31
39
Duration
32
Appendix A -- Salary Charts, Year 1, Year 2,
and Year 3
Appendix B — Fire/EMS Merger Article from the 2010-2016 Collective
Bargaining Agreement
ARTICLE 1.
PREAMBLE
Section 1.
This Agreement between the City of Baytown, Texas, hereinafter referred to as the
"Employer" or the "City," and the Baytown Professional Firefighters Association, Local 1173,
hereinafter referred to as the "employees" or the "Union," is entered into in order to meet the
statutory mandate of Chapter 174 of the Texas Local Government Code.
Section 2.
It is the intent and purpose of this Agreement, entered into by the City of Baytown,
Texas, and the Union to achieve and maintain harmonious relations between the parties and to
engage in good faith collective bargaining pursuant to Chapter 174 of the Texas Local
Government Code. This Agreement has been reached through the collective bargaining process
with the objective of fostering effective cooperation between the City and its firefighters.
ARTICLE 2.
RECOGNITION
The City of Baytown recognizes the Baytown Professional Firefighters Association,
Local 1173 International Association of Firefighters, as the sole and exclusive bargaining agent
for all firefighters employed by the City of Baytown as that term is defined in Section 174.003 of
the Texas Local Government Code, with the sole exception of the Fire Chief. By this term, it is
intended to include all permanent paid employees of the Fire Department who have been hired in
substantial compliance with provisions of the Texas Local Government Code, Chapter 143, but
does not include civilians or other employees.
ARTICLE 3.
MANAGEMENT RIGHTS
It is expressly agreed that all management rights that ordinarily vest in and are exercised
by the Employer, except those which are clearly and expressly relinquished herein by the
Employer, shall continue to vest exclusively in and be exercised exclusively by the Employer.
The Employer shall retain all powers, duties, and rights established by Constitutional provision,
State statute, City ordinance, City Charter and/or other source of law, and departmental rules,
standing orders and/or instructions, and retains the power to act or not to act, as it deems
appropriate. This shall include, but not be limited to, the right to:
(1) Manage, determine, and control the use, location, and delivery of City
services, City equipment, property, facilities and City operations, direct the
work forces and City affairs; schedule maintenance of all City equipment and
facilities.
(2) Determine the Fire Department's activities and set forth all standards and
types of service offered to the public, including contracting with other entities
to provide fire and related services outside the corporate boundaries of the
City.
(3) Allocate and assign work to employees, modify tasks assigned to employees,
assign employees to shifts, determine the number of shifts, hours of work,
starting time, and schedule all of the foregoing. The City retains the right to
establish, modify, or change any shifts, starting times and/or work schedules
and assignments.
(4) The City retains the right to direct employee activities, including
determination of qualification, the right to hire, promote, suspend, discipline,
discharge and transfer employees, and to determine the size of the work force
and to curtail activity when necessary, by laying off employees due to lack of
work or for other reasons in the judgment of the Employer, the right to recall
employees from layoff, except as specifically limited by the terms of this
Agreement; the right to set and administer policy regarding wages and fringe
benefits, including, but not limited to, retirement contribution, scope of
insurance and City's participation in costs, if any, number of days of vacation,
sick leave and designated holidays, and to modify same at its discretion, to the
extent not inconsistent with this Agreement.
(5) Determine services and employee tasks to be performed and methods,
schedules, standards, means and processes of the work, changes, or the
institution of new and/or improved methods.
(6) Adopt, modify, implement and rescind City and Fire Department rules and
regulations, performance and discipline rules, regulations and penalties for
violation thereof.
(7) Use civilians in the Fire Department to perform duties that are not reserved for
sworn firefighters in Section 143.003(4) of the Texas Local Government
Code. Civilians performing duties in the Fire Department are not subject to
the terms of this Agreement.
(8) The City shall have exclusive authority to enter mutual aid agreements,
automatic aid agreements, and agreements necessary for compliance with
State law(s) affecting operations, such as annexation laws. Further, in the
event of an emergency, as declared by the Mayor or his/her designee, the City
may obtain outside emergency resources.
2
The rights listed above are not all inclusive, but enumerate, by way of illustration, the
type of rights which belong to the Employer; and any other rights, powers, or authority the
Employer had prior to the signing of this Agreement are retained by the Employer, except those
which are clearly and specifically relinquished in this Agreement. The withdrawal by the City of
any of its proposals shall not be construed as a waiver of any legal right the City is entitled to
exercise, based on its inherent management rights.
ARTICLE 4.
APPLICABILITY OF CITY'S RULES AND POLICIES
Section 1. City Rules and Policies Apply.
It is understood and agreed that unless modified by this Agreement, the City's Personnel
Policies and Rules, the City's Civil Service Rules and Regulations, as well as the Baytown Fire
Department Rules and Regulations, and standing and temporary orders shall continue to apply to
employees covered by this Agreement. It is also understood and agreed that the City and the Fire
Chief and/or his or her designee, at their sole discretion, may create or modify these policies,
rules and regulations at any time, so long as the creation or modification does not conflict with a
specific provision of this Agreement.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 5.
UNION MEMBERSHIP NOT REOUIRED/NON-DISCRIMINATION
Section 1. Non -Discrimination.
Neither the Employer nor the Union shall discriminate against, or cause the other to
discriminate against any member of the bargaining unit on account of the employee's race, sex,
creed, color, age, national origin, disability or veteran's status.
Section 2. Agreement's Applicability.
The City and the Union agree that the provisions of this Agreement shall be applied to all
employees within the bargaining unit without regard to affiliation or membership or non-
membership in the Union.
3
Section 3. Voluntary Membership.
Membership in the Union is voluntary. Each employee has the right to join and maintain
membership in the Union. The employee, likewise, has the right to refrain from joining, or to
withdraw from membership in the Union. Neither the City nor the Union shall exert any
pressure for or against any employee covered by this Agreement in regard to such matters.
Section 4. No Harassment.
The Union further agrees that there shall be no interference with the free right of any
employee of the City to enter and leave its premises and property unmolested and without
harassment.
ARTICLE 6.
NO STRIKE CLAUSE
Section 1. Strike Definition.
"Strike" means, whether done in concert or individually, a failure to report for duty, the
willful absence from one's position, the stoppage of work, or the abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment (including, but not
limited to, "slowdowns," "sick-outs," and sympathy strikes), for the purpose of inducing,
influencing, or coercing a change in the conditions, compensation, rights, privileges, or
obligations of employment.
Section 2. No Strike.
Neither the Union nor any employee shall authorize, ratify, encourage or otherwise
support any form of Strike, as defined in Section 1 above, or refuse to cross any picket line by
whomever established, or to engage in any sympathy strike. The Union and all employees shall
cooperate fully with the City in preventing and/or halting any such action.
Section 3. Discipline.
Any or all employees who violate any provision of the law prohibiting strikes or any
provision of the Article may be dismissed or otherwise disciplined by the Employer, without
recourse to the grievance procedure. The Union agrees that it will not support or assist in any
manner any Union member or any other employee who violates this Article. "Support" and
"assistance" includes, but is not limited to, providing representation for such person in the event
of disciplinary action for violation of this Article and not approving or presenting any grievance
on behalf of any such person.
4
Section 4. No Lockout.
The City agrees that it will not authorize, ratify, encourage, or otherwise support any
lockout during the term of this Agreement.
Section 5. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 7.
DUES DEDUCTIONS
Upon receipt of a proper and signed authorization from a Union member and written
approval by the Association, the City will deduct from the Association member's pay, regular
Association dues in the amount set by the Association. The authorization shall be made on a
form supplied by the City. The Association shall notify the City of any change in the amount of
regular dues.
ARTICLE 8.
AGE LIMIT FOR NEW HIRE
Section 1. Maximum Age Limit.
The maximum age at which a person may be certified as eligible for a position as an
employee is age 40. A person may not be hired as an employee if the person is age 41 or older
on the date of hire.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
5
ARTICLE 9.
PROBATIONARY PERIOD
Section 1. Initial Probationary Period.
Any person employed as a probationary employee after October 1, 2001, must serve a
probationary period of 18 months, if the employee is not eligible for Texas Basic Structure Fire
Suppression Certification, "Fire Fighter -Basic," and Emergency Medical Technician
Certification, "EMT -Basic," or 12 months if certified or eligible for certification as Fire Fighter -
Basic and EMT -Basic from his/her date of hire in the Fire Department.
A new employee's probationary period will automatically be extended if he or she is
absent for a continuous period of more than 30 days for illness, injury, jury duty, or military
reserve leave or any other type of leave except for vacation or holiday time off. The extension of
the new employee's probation shall be equal to the amount of lost time.
Section 2. Definition.
"Eligible for certification " means that the employee has successfully completed all
background, training and testing requirements for certification and will be certified on the first
day of employment.
Section 3. Discharge of Probationary Employee.
During an employee's initial probationary period, the Chief may discharge the employee
with or without cause. The probationary employee does not have recourse to the contractual or
the City's grievance or appeal procedures.
Section 4. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 10.
POST -HIRING REQUIREMENTS
Section 1. Post -Hire Retention Requirements.
An employee appointed to a position in the Fire Department on or after August 9, 2013,
who lacks EMT -P certification must enroll in a paramedic course within one year of the date of
his/her appointment and successfully complete the course and achieve certification by the Texas
Department of State Health Services as an EMT -P within two years of the date of his/her
enrollment in the paramedic course to remain employed.
6
An employee appointed to a position in the Fire Department on or after August 9, 2013,
who lacks Texas Basic Structure Fire Suppression Certification must enroll in a course,
successfully complete the course, and receive such certification from the Texas Commission on
Fire Protection within one year of the date of his/her appointment to remain employed.
The Fire Chief may, in his discretion for good cause shown, extend the time periods
established in this section. An employee to which this section applies shall not be separated
from employment for violation of this section unless the employee has been given an
opportunity, at the City's expense, to enroll in and complete a paramedic or firefighter course.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, or local ordinance or rule, this Agreement shall supersede such provisions, as authorized
by Chapter 174 of the Texas Local Government Code.
ARTICLE 11.
RELOCATION EXPENSES FOR NEW HIRES
Section 1. Reimbursement.
The City shall reimburse the cost of moving household goods and effects to the City of
Baytown for employees hired during the term of this Agreement, up to a maximum of
$2,000. The employee will obtain three (3) bids from reputable moving firms and the City
Manager may elect the moving firm of choice, reserving the option to select the lowest
responsible bidder. Moving reimbursement is available only for moves from outside the city
limits to inside the city limits of Baytown.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
ARTICLE 12.
CLOSING COST REIMBURSEMENT FOR EXISTING
FIREFIGHTERIPARAMEDICS
Section 1. Reimbursement.
Existing City of Baytown employees, who have completed their probationary time
period, residing outside the City limits wishing to move into the City limits will be eligible for
closing cost reimbursement of $2,000 to purchase a conventional home within the City limits.
This assistance will be provided only once to a firefighter/paramedic and only when the
firefighter/paramedic moves from outside the City limits and purchases a conventional home
within the City limits and establishes that home as his/her primary residence. Mobile homes,
manufactured homes, and homes purchased under a contract for deed will not be eligible for this
benefit. A firefighter/paramedic, whose home is annexed into the City after the effective date of
this Agreement, will not be eligible for this benefit.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
ARTICLE 13.
REIMBURSEMENT OF PARAMEDIC TRAINING TUITION
Section 1. Reimbursement.
Subject to the provisions of this article, an employee, who has successfully completed (i)
a course of instruction at an accredited paramedic training program within one (1) year prior to
his/her hire date, or any time after being hired and (ii) his/her probation period with the City,
shall be reimbursed the cost of the training program tuition in an amount not to exceed $2000 in
accordance with this article. This reimbursement shall be paid upon request and verification of
eligibility pursuant to this article. Reimbursement payment under this section shall be paid via
separate reimbursement check. Reimbursement shall be made only if the employee has
expended his/her personal funds for such instruction, has not been reimbursed for the same by
any governmental entity, and provides necessary documentation, as determined by the City, for
reimbursement.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
ARTICLE 14.
LEAVE OF ABSENCE
Section 1. Provision of Leaves of Absences.
All leaves of absence shall be in accordance with the City of Baytown's Personnel Policy
Manual and Section 143.073 of the Texas Local Government Code.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 15.
REAPPOINTMENT
Section 1. Application for Reappointment.
A person who previously served as a City of Baytown Firefighter may apply in writing to
the Fire Chief for reappointment as a Firefighter within two (2) years of the effective date of
separation if the applicant meets the eligibility requirements of Section 2 herein. A person
applying under this article will not be required to take an entrance examination and will not be
placed on an eligibility list.
Section 2. Eligibili
An applicant for reappointment must have resigned voluntarily and in good standing from
the Baytown Fire Department as a Firefighter and must hold a valid, current certification for
firefighter from the Texas Commission on Fire Protection and be certified as an EMT -P by the
State of Texas. Reappointment will not be considered if the applicant resigned pending
disciplinary action or investigation. Additionally, an applicant for reappointment must meet all
eligibility requirements for a person in the classification of Firefighter, provided that the
applicant shall not be subject to the maximum age requirements specified in Section 143.023(b)
of the Texas Local Government Code or the age requirement in Article 8 of this Agreement.
Section 3. Reappointment.
It shall be the Fire Chief's discretion to determine the applicant's suitability for
reappointment. In the event the Fire Chief decides the applicant should not be reappointed, the
applicant shall be notified of the decision in writing and the reappointment process is terminated.
The Fire Chief shall forward a copy of this documentation to the Civil Service Director. If, based
on the overall value of the applicant to the department, the Fire Chief desires to reappoint the
applicant as a Firefighter, the applicant may be reappointed at the discretion of the Fire Chief if a
vacancy exists. Notice of the reappointment shall be given in writing to the Civil Service
Director.
In the event there is no vacancy for Firefighter at the time of application for
reappointment, the Fire Chief may retain the application. Reappointment can be made only
within two years of the date of resignation. If there is no reappointment within two years from
date of resignation of the applicant, the reappointment process is automatically terminated.
9
Section 4. Restoration of Certain Benefits.
Upon reappointment, the applicant's prior years of service with the City of Baytown Fire
Department in the classification of Firefighter or higher will be counted only for the following
purposes:
1. longevity pay,
2. accrual benefits,
3. seniority in the case of a reduction in force, and
4. determining the appropriate tier in the Firefighter classification in the
compensation plan as detailed in Article 24.
The applicant's seniority for purposes of promotion shall be determined in accordance with
Texas Local Government Code Chapter 143 and the City of Baytown Civil Service Rules and
Regulations.
Section 5. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142 or 143 of the Texas Local Government Code or any other applicable statute, executive order,
or local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
ARTICLE 16.
VACATION
Section 1. Provision of Vacation.
Vacation entitlement shall be in accordance with the City Personnel Policy Manual.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 17.
HOLIDAYS
Employees covered by this Agreement shall be afforded the holidays in accordance with
and as specified in the City of Baytown's Personnel Policy Manual.
10
ARTICLE 18.
SICK LEAVE
Section 1. Provision of Sick Leave.
Sick leave accrual and use shall be in accordance with the City of Baytown's Personnel
Policy Manual as it applies to all City employees and Fire Department Rules and Regulations.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 19.
INSURANCE BENEFITS
The same level, scope and financial participation, as may be provided to other City
employees outside the bargaining unit, will be provided to employees covered by this
Agreement. The City reserves the exclusive right to determine what the level, scope, and
financial participation, if any, will be and modify same at its discretion.
ARTICLE 20.
HOURS OF WORK
Section 1. Hours of Operation.
The hours of operation for employees working the 24 hours on and 48 hours off shift
shall be pursuant to the Shift Exchange Structure established by City Council.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 21.
OVERTIME
Section 1. Definitions.
The following terms when used in this Article shall have the meanings ascribed to them
in this section:
11
Additional Hours Worked means hours worked other than the hours of a regularly
assigned shift.
Non -Worked Time means and includes all time and leaves not included as Time Worked.
The term "Non -Worked Time" shall include, but not be limited to, the following:
1. sick leave,
2. Kelly days,
3. time worked pursuant to Article 22,
4. military leave,
5. emergency leave,
6. administrative absence with pay not associated with workers' compensation,
7. authorized leave without pay,
8. absence without leave, and
9. compensatory time.
Overtime Worked means Time Worked in excess of the number of hours as specified by
the City in accordance with the Fair Labor Standards Act for the Work Period of the employee.
Time Worked means and includes not only the hours worked as an employee pursuant to
this Agreement during the Work Period but also all hours charged to the following leaves of
absences during the Work Period:
1. vacation leave,
2. holidays,
3. workers' compensation leave,
4. administrative absence with pay associated with workers' compensation, and
5. Union time bank leave.
Work Period shall be that period of time established by the City in compliance with the
Fair Labor Standards Act.
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.
12
When leave classified as Non -Worked Time is taken or used by an employee in the same
Work Period that the employee earns Additional Hours Worked; Additional Hours Worked that
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.
Section 3. Overtime List.
The Fire chief or his/her designee shall create the following overtime lists:
1.
A Shift, Paramedic
9.
B Shift, Lieutenant
2.
A Shift, Firefighter
10.
B Shift, Battalion Chief
3.
A Shift, Equipment Operator
11.
C Shift, Paramedic
4.
A Shift, Lieutenant
12.
C Shift, Firefighter
5.
A Shift, Battalion Chief
13.
C Shift, Equipment Operator
6.
B Shift, Paramedic
14.
C Shift, Lieutenant
7.
B Shift, Firefighter
15.
C Shift, Battalion Chief
8. B Shift, Equipment Operator
An employee, who is assigned to twenty four (24) hour shifts and wishes to be called in
for overtime work, shall submit his/her name in writing to the Fire Chief or his/her designee in
order to be placed on a list. The written request must include a telephone number where the
employee can always be reached. Initially, the Fire Chief or his/her designee will establish each
overtime list on an alphabetical basis.
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 article. A request for coverage of overtime will be delivered
electronically to those employees on duty within the rank creating the overtime and who are
eligible for that position. If no one in the appropriate rank on the off -going shift accepts the
request for duty, persons from the list of the appropriate rank from the shift on duty prior to the
off -going shift shall be contacted via electronic means.
If no one accepts overtime from the 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.
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Once an employee has accepted the request for extra duty, he/she shall be placed in the
last numerical position on the overtime list; provided that if an employee, who accepts extra
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 request an employee for extra duty from another classification only after attempting to
contact all eligible employees on the lists in the classification creating overtime. When
employees accept the overtime request from another classification, they will not receive overtime
at the higher classification but will report to duty at their classification and the on -duty
employee(s) will move to the higher classification in an acting position. The same method used
in this section shall be used to distribute the overtime evenly.
Section 5. Extra Activities Overtime List.
Each employee requesting to be included on the extra activities overtime list shall
forward his/her name and contact number in writing to the Fire Chief or his/her designee.
Overtime covered by Section 4 and activities that require specialized training and/or
certifications to perform the job, shall be excluded from the extra activities overtime list.
Notification of an extra activity shall be sent via electronic means to those on the extra
activities overtime list.
The officer in charge of distributing the overtime shall send an e-mail or text message to
the Union President or his/her designee regarding the need for personnel from the extra activities
overtime list, as well as the time(s), date(s), place(s), and type(s) of the extra activity(ies). The
President or his/her designee shall forward the e-mail or text message via SMS text to all
employees covered by this Agreement on the SMS text list and simultaneously via an all page to
the personnel signed up through the Union website. The officer in charge of distributing the
overtime shall also attempt to call the employees on the manual call list. The officer in charge
shall document responses from employees interested in the extra activity overtime during the
one-hour period immediately following the initial notification. Once the group has been
established, personnel shall be assigned to the extra activity on a rotation/revolving method. If
the one-hour period is not practical (immediate overtime) as determined by the Fire Chief or
his/her designee, the first employee to respond will be utilized for the overtime.
The two (2) hour minimum rule (Section 6. Minimum Show Up Time) shall not apply to
the rotation of this list. Personnel scheduled to be on duty and/or approved leave will not lose
their place on the extra activities overtime list.
Section 6. Minimum Show Up Time.
An off-duty employee who is called back to work pursuant to Section 4 of this Article
shall be guaranteed a minimum of two (2) hours of pay at his/her regular hourly rate. Only Time
Worked shall be counted for purposes of computing overtime.
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Section 7. Emergencies.
In emergency situations, as determined by the Fire Chief and/or City Manager, the City
may forego the above procedures. A routine staffing of a shift shall not be deemed as an
emergency.
Section 8. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 142 or
143 of the Texas Local Government Code or any other applicable statute, executive order, or
local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter
174 of the Texas Local Government Code.
ARTICLE 22.
SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS
Section 1. Trading Time.
Subject to the approval of the Fire Chief, employees may be allowed to trade time with
other employees of equal qualification pursuant to 29 CFR §553.31 "Substitution - section
7(p)(3)," Section 143.073(d)(2) of the Texas Local Government Code, and any applicable
Baytown Fire Department Rule and Regulation.
Section 2. Requests for Trade Time.
The trade time request process must be completed prior to trading time and may be
submitted electronically in a form acceptable to the Fire Chief.
Section 3. Failure to Work.
The substitute employee who fails to appear and work the exchanged shift, or is not
properly excused from duty, shall be subject to disciplinary action.
Section 4. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 23.
TIME OFF FOR ASSOCIATION BUSINESS
Section 1. Union Business Pool.
A. Establishment of Union Business Pool. The City shall maintain a Union Business Pool (the
"Pool"), to which the members of the Union shall contribute as agreed to herein. The Pool,
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upon prior approval of the Fire Chief or his/her designee, may be used by members of the
Union's Executive Board (the "Board") and/or members of the Union, if designated by the
Board (the "Designees"), in administering this Contract; representing the Union at meetings
or events; representing employees at disciplinary hearings, grievances or on other job-
related matters; attending seminars or training programs for Union purposes; participating in
collective bargaining; conducting elections relating to Union business; and performing other
Union business as approved by the Chief.
B. Pool Funding. Commencing the first pay period in February, 2017, City shall deduct
annually (i) six (6) hours of accrued vacation leave from each member of the Union
assigned to shift work and (ii) four (4) hours of accrued vacation leave from each
member of the Union assigned to 40 -hour work weeks to maintain the Pool. Half of such
deduction shall be made from the first pay period in February, and the other half in the
first pay period in July. Those Union members, who do not have at least the required
number of hours of accrued vacation leave at the time of the first pay period in February
and/or July as specified in this Subsection B, shall contribute to the Pool:
➢ all of their accrued vacation leave on the first pay period in February and July
of each Year, and
➢ the remaining portion of accrued vacation leave every April and September of
the City's fiscal year until such Union member has contributed the
requisite amount enumerated in this subsection.
Maximum Pool Hours. In the event that the total hours in the pool reach 1,800 hours,
the City shall cease deducting the amounts of accrued vacation leave as specified in
Subsection B from those members of the Union, who are not in arrears in their
contributions to the fund. The City shall continue deducting the amounts specified in
Subsection B from each member of the Union who is in arrears at the time the pool
reaches 1800 hours, until such member is no longer in arrears.
Any member may contribute additional vacation time to the Pool so long as the total
number of hours in the pool does not exceed 1,800 hours.
2. Future Union Members. Members of the Union who join the Union following the
effective date of this Agreement, shall contribute to the Pool in the same manner as
those that were members of the Union the effective date of this Agreement.
In the event that this contract expires and this Article is not included in the immediately
subsequent collective bargaining agreement, the City shall equitably disburse the monies
remaining in the Pool at the expiration of this Agreement among the remaining members of
the Union who have contributed to the Pool.
Section 2. Administration/ se of the Pool.
A. Request/Approval of Use of the Pool. Whenever a member of the Board of the Union and/or
a Designee desires to use the Pool, the Union shall make a written request to the Fire Chief
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or his/her designee 72 hours in advance of the proposed leave to use the Pool. The Fire
Chief for good cause shown may at his/her discretion consider requests which are submitted
less than 72 hours in advance. In order for the Pool to be debited, the Fire Chief or his/her
designee must approve such leave in writing prior to such leave. If the members of the
Board and/or Designees desire to use the Pool to conduct elections relating to Union
business, the Union shall include in its request to use the Pool, the time and place for such
election, and the names of the members of the Union who will be conducting the election.
B. Emergencies. In emergency situations, as determined in the discretion of the Fire Chief, or
his/her designee, and the City Manager, the Fire Chief or his/her designee may order the
members of the Union on leave using the Pool or otherwise to report to work for the
duration of the emergency. Routine staffing shall not be deemed an emergency.
C. Overtime. If utilization of the Pool requires the Department to pay overtime for another
individual filling in for the member of the Union who is using the Pool, the City shall
deduct from the Pool the overtime rate (half-time rate) of the individual incurring the
overtime if applicable.
Section 3. Members of the Union's Executive Board.
Within ten days after the execution of this Agreement, the Union shall tender to the Fire
Chief a list of names of the members of the Union's Executive Board. The Union shall thereafter
promptly notify the Fire Chief of any change in the composition of its Executive Board.
ARTICLE 24.
COMPENSATION
Section 1. Base Compensation.
Notwithstanding any prior agreements on compensation, employees covered by this
Agreement shall be paid base compensation in accordance with the chart in Appendix A for Year
1 (effective the first full pay period after thirty (30) days after the effective date of this
Agreement to September 30, 2017), Year 2 (October 1, 2017 to September 30, 2018), and Year 3
(October 1, 2018 to September 30, 2019), which is attached hereto and incorporated herein for
all intents and purposes.
Section 2. Certificate Pay.
A. Education. Employees with the following certifications shall be paid the following
monthly certificate pay:
1
2
3
Intermediate $83.33
$83.33
$83.33
Advanced $133.33
$133.33
$133.33
Master $190.00
$190.00
$190.00
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Employees may receive only one of the above certificate pays per month.
B. Hazmat Certification Pay. (Payment contingent upon continued operation of the
Regional Hazmat vehicle):
1. Except as provided in subsection B.2 of this section, a firefighter, who is
certified by the state as a Hazmat Technician and is required by the Fire
Chief, in his sole discretion, to maintain such certification, shall receive
$50 certificate pay on a monthly basis.
2. A fire fighter who is certified by the state as a Hazmat Technician but not
assigned to a Hazmat Fire Station, as designated in writing by the Fire
Chief, may make a written request, whether via e-mail or otherwise, to the
Fire Chief to relinquish his/her Hazmat certification pay. If such request
is granted, the Fire Chief shall not assign such person to the Hazmat/Tech
Team and the firefighter shall no longer be entitled to receive Hazmat
certification pay. Even if a firefighter is no longer entitled to receive
certification pay hereunder, such person may keep his/her certification
with the state and obtain the required continued educational (CE) hours
therefor at his own expense or at the expense of the City with the prior
written approval of the Fire Chief.
C. Paramedic Certification Pay. An employee who is certified and credentialed as a
paramedic shall be paid an additional $400.00 per month. It is expressly understood and agreed
that no employee will be entitled to certification pay under this subsection until such person has
successfully completed the Fire Department's paramedic credentialing process as determined by
the Fire Chief.
D. Bilingual Pay. Emergency response personnel who speak Spanish and pass the
City's language proficiency test will be paid bilingual pay of $50.00 per month. In order to
maintain the bilingual pay, employees will be required every three years to recertify by passing
the City's language proficiency test.
Section 3. Assignment Pay.
A. Hazmat Assignment Pay. (Payment contingent upon initiation and continued
operation of the grant funded Regional Hazmat vehicle). A firefighter, who is certified by the
state as a Hazmat Technician and regularly assigned to a Hazmat Fire Station as designated by
the Fire Chief in writing to staff a Hazmat truck, shall receive $75 assignment pay on a monthly
basis. For purposes of the this section, a firefighter will be considered regularly assigned to a
Hazmat Fire Station if the person is required by the Fire Chief to work at such station as
indicated on the Baytown Fire Department Staffing Roster.
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B. EMT -P FTO Assignment Pay. A Certified Medic or Firefighter Paramedic who
has successfully completed the credentialing process as determined by the Fire Chief and who is
assigned to the role of Paramedic Field Training Officer by the Fire Chief will receive
assignment pay of $50.00 per month for each month in which an EMT -P is assigned to him or
her by the Fire Chief for training purposes. The determination of the number of Paramedic Field
Training Officers serving at any one time shall be made in the sole discretion of the Fire Chief.
Section 4. Lonsevity Pay.
Longevity will be paid pursuant to Section 141.032 of the Texas Local Government Code
on the same basis as it is paid to other City employees.
Section 5. Administrative Pay.
Employees (i) within the ranks specified below, (ii) working hours other than the 24-hour
on and 48-hour off schedule, and (iii) regularly assigned to administrative duties, with the
exception of employees on light duty, administrative leave with or without pay, injury leave, or
assigned to training or school or any other temporary assignments, shall receive monthly
assignment pay as follows:
Lieutenants................................................................................. $350
Battalion Chiefs.........................................................................$350
Assistant Chiefs.........................................................................$100
The above administrative employees will not be included on the Overtime List to fulfill
daily staffing levels.
Section 6. Annroariations/Reoaener.
All payments in this Agreement are subject to the appropriation of funds by the City
Council. If funds are not appropriated in an amount which allows compliance with this
Agreement, the action by the City Council shall serve as an automatic reopener of this
Agreement on the issue of compensation and monetary benefits.
Section 7. Pay Checks.
Employees covered by this Agreement shall receive pay checks at the same frequency as
other City employees.
Section 8. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
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ARTICLE 25.
PERSONNEL REDUCTION.
Section 1. Method of Reduction -in -Force.
Personnel Reduction shall be in accordance with Texas Local Government Code Section
143.085.
Section 2. Recall of Laid -Off Firefighters.
No new employees shall be hired until the laid -off employee(s) and the Union have been
notified by certified mail of the City's intent to hire. The laid -off employee(s) shall give the City
notice within fourteen (14) day(s) of his/her intention to return to work. The fourteen (14) day
period begins from the date the certified mail was sent to the employee(s).
Section 3. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 26.
PROMOTIONS
Section 1. Method of Promotions—Assistant Chief.
The Chief may appoint from within the bargaining unit, at his sole discretion, all
Assistant Chiefs. The person(s) so appointed shall serve at the pleasure of the Fire Chief and
may be demoted to his/her previously held rank without cause. The Fire Marshal, who is serving
in the rank of tested Assistant Chief on the date of execution of this Agreement, shall continue to
hold that position, subject to the provisions of Chapter 143. Upon his retirement, termination or
demotion, the Fire Chief, at his sole discretion, shall appoint his replacement.
Section 2. Seniority.
Seniority points for promotional purposes shall begin to accrue on the employee's date of
hire as a firefighter with the Fire Department. Probationary time period is included.
Section 3. Eligibility for Equipment Operator Promotion.
Employees shall be eligible to take a promotional examination for the position of
Equipment Operator, provided the employee has, irrunediately prior to the date of the
examination, for at least three (3) years, continuously been employed as a Firefighter by the City
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of Baytown Fire Department. Probationary periods will be included in the calculation of the
three (3) year requirement.
Section 4. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 27.
DUTIES
Employees covered by this Agreement shall not be required to perform the following
duties:
1. electrical work;
2. plumbing;
3. carpentry;
4. cleaning City buildings other than Fire Department facilities, and
5. setting up or cleaning up for City picnics or 4`" of July festivities,
except in the case of an emergency declared by the Mayor of Baytown, by the Harris or
Chambers County Judge, or by the Governor of Texas.
ARTICLE 28.
POLITICAL ACTIVITY
Section 1. Limitations on Political Activities.
Political activities of employees covered by this Agreement shall be governed by Section
143.086 of the Texas Local Government Code. Except as may be otherwise provided by law, the
following additional restrictions on political activity shall apply:
(1) Solicitation of funds or anything of value by employees for any purpose
whatsoever shall be prohibited of or by an employee on the job, unless the
employee has the approval of the Chief and/or the City Manager. No employee
may be required to make any contribution or may be penalized or rewarded in any
way according to his/her response to a solicitation.
(2) Members of bargaining teams may not negotiate with anyone outside the
bargaining sessions or attempt to influence future negotiations by discussing the
subject matter of negotiations with any City management personnel, City Council
Member, City Council Candidate, City Official, or Board member of the Baytown
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Fire Control, Prevention, and Emergency Medical Services District, while teams
are in negotiations.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapter 143 of
the Texas Local Government Code or any other applicable statute, executive order, local
ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174
of the Texas Local Government Code.
ARTICLE 29.
DRUG AND ALCOHOL TESTING
Section 1. Present Policy.
In order to help provide a safe work environment and to protect the public by ensuring
that employees are fit to perform their assigned duties, the Employer may continue to enforce its
drug and alcohol testing policy for Public Safety employees. Nothing in this Article shall be
construed to abolish the existing authority of the City to conduct drug tests.
In the event that the City should determine that modification of the Random Drug
Screening Policy for Emergency Response Personnel (City of Baytown Personnel Policy
Manual) is necessary, the City shall supply the Union with the proposed change(s) thirty (30)
days before the effective date. If the Union wishes to discuss the change(s), the City and the
Union shall meet and discuss in good faith, and may agree to modify the changed policy. If
agreement on modification is not reached before the effective date, then the changed policy shall
go into effect.
Section 2. Disciplinary Action for Violation of Drug and Alcohol Testing Policy.
It is understood by the City and the Union that an employee who is disciplined under the
provisions of the Random Screening Policy for Emergency Response Personnel (City of
Baytown Personnel Policy Manual), shall have all rights of appeal as provided by Texas Local
Government Code, Chapter 143, in accordance with Article 30 of this Agreement.
ARTICLE 30.
DISCIPLINARY ACTION
Section 1. Procedures.
Disciplinary action(s), including investigations of and disciplinary actions resulting from
complaints, will be consistent with Chapter 143 of the Texas Local Government Code, the City
22
of Baytown's Local Civil Service Rules, the City of Baytown's Personnel Policy Manual, and
the Baytown Fire and Rescue Services' Rules and Regulations.
Section 2. Union Representation.
Employees covered by this Agreement shall be entitled to have a Union representative
present at a meeting with the Fire Chief concerning a written reprimand, suspension, or any other
disciplinary matter.
ARTICLE 31.
GRIEVANCE PROCEDURE
Section 1. Purpose.
The purpose of this grievance procedure is to establish an effective method for the fair,
expeditious and orderly adjustment of grievances. A grievance is defined as any dispute, claim,
or complaint involving the interpretation, application or alleged violation of any provisions of
this Agreement, not including matters reserved to management in the Management Rights clause
in Article 3 or to disciplinary matters covered in Article 30. The Union or any bargaining unit
employee may file a grievance under the terms of this Agreement. Each grievance shall be
submitted on a form agreed to by the parties and must include: (1) a specific statement of the
grievance and the facts or events on which it is based; (2) the section(s) of the Agreement alleged
to have been violated; (3) the remedy or adjustment sought; and (4) the employee's signature, or
if filed by the Union, the signature of the Grievance Committee Chairman or local Union
President.
The following matters are not subject to the grievance or arbitration procedure of this
Agreement: any purported grievance which is not filed in accordance with the provisions set
forth below; any dispute, claim or complaint that does not meet the definition of a grievance as
set forth in this Section; and any matters covered by the City of Baytown Charter or
Constitutional provisions.
Section 2. Grievance Procedure.
The Union President, or his/her authorized representative, may report an anticipated
grievance to the Fire Chief in an effort to avert the grievance.
Step 1: An employee who is aggrieved must file a grievance with the Union Grievance
Committee within fifteen (15) days of the date upon which the member knew of or should have
known of the facts or events giving rise to the grievance. Any deadline in this grievance
procedure which falls on a Saturday, Sunday, or Holiday will be extended to the next business
day.
A copy of notice of receipt of the grievance shall be forwarded to the Fire Chief or
his/her designee by the Union Grievance Committee within three (3) days of receipt of the
23
grievance. The Union Grievance Committee shall within its sole discretion determine if a
grievance exists. If the Union Grievance Committee determines that no grievance exists, it shall
notify the Fire Chief in writing 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 employee(s) by forwarding the written grievance according to Step 2 of this
procedure. Any grievance filed by the Union shall proceed directly to Step 2 of this procedure.
Step 2: Any grievance found to be valid by the Union Grievance Committee shall be
submitted to the Fire Chief or his/her designee within three (3) days of the Step 1 ruling. Any
grievance filed by the Union shall be filed and submitted to the Fire Chief within 15 days of the
date upon which the Union knew or should have known of the facts or events giving rise to the
grievance. After receipt of the grievance the Fire Chief or his/her designee shall within twenty-
one (2 1) days submit his response in writing to the Union Grievance Committee.
Step 3: If the grievance is not resolved at Step 2, the Union Grievance Committee, or the
Union, whichever filed the grievance, shall submit the grievance in writing to the City Manager
or his/her designee within ten (10) days from receipt of the Step 2 decision. The City Manager
or his/her designated representative shall review the matter and render a decision in writing to
the submitting party(s) within twenty-one (21) days of receipt of the grievance. The City
Manager's response to grievances shall be final and binding, with no further right of appeal.
Step 4: At any time before moving the grievance to Step 5, the Union and the City may
agree in writing to submit the dispute to mediation. Mediation is optional and requires the
Agreement of both parties. The costs of mediation and the mediator will be shared equally by the
parties.
Step 5: If the grievance is not resolved at Step 3 or Step 4, the Union shall have ten (10)
days from receipt of the City Manager's decision to submit the matter to arbitration. Arbitration
will be invoked by the Union Grievance Committee delivering a letter so stating to the City
Manager or his/her designee.
If the grievance is submitted to arbitration, the Employer and the Union may, within five
(5) days of such request, jointly appoint an agreed upon arbitrator. Upon a failure to agree, the
employee and Union shall within five (5) days request a list of seven (7) arbitrators from the
American Arbitration Association or the Federal Mediation and Conciliation Service. Within ten
(10) days following receipt of the list of arbitrators, the parties shall either mutually agree to
select one arbitrator from the list or select an arbitrator by each party in turn striking one name
from the list until only one (1) name remains. The party requesting arbitration shall make the
first strike from the list. 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.
(a) No Discovery
There shall be no pre -hearing discovery permitted; except that the arbitrator may issue
subpoenas requiring the production of documents and the attendance of witnesses at the
arbitration hearing.
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(b) Within thirty (30) 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 Employer.
(c) 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, unless the arbitrator exceeds his jurisdiction, or if his/her award is
procured by fraud or collusion.
(d) The arbitrator's authority shall be limited to the interpretation and application of
the terms of this Agreement and/or any supplement thereto, excluding Management
Rights, as contained in Article 3. A dispute, claim or complaint that does not meet the
definition of a grievance, as set forth in Section 1, in this Article, is not subject to any
grievance procedure. The arbitrator shall have no jurisdiction or authority to establish
provisions of a new Agreement or variations of the present Agreement or to arbitrate
away, in whole or in part any provisions or amendments thereof. The arbitrator's
decision must be directly related to specifically cited language of this Agreement,
excluding Management Rights of any sort. The arbitrator shall not have authority to
decide issues involving exercise of Management Rights; otherwise the finding of the
arbitrator shall be binding.
(e) The cost of the impartial arbitrator shall be shared equally between the Union and
the City. 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.
All time limits set forth in this Article may be extended by mutual consent in writing; but
if not so extended, time limits of this Article 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 a grievance under this Article shall have as
its last Step, final and binding arbitration, which shall constitute an election of remedies and a
waiver of any and all rights by both parties, to litigate or otherwise contest the last answer
rendered through this grievance procedure in any court or other appeal forum, except as provided
in Step 5 (c).
ARTICLE 32.
WELLNESS INITIATIVE
Section 1. Statement of Intent.
The intent of the Wellness Initiative is to provide a program for all employees covered by
this Agreement to assist them in developing and maintaining a high degree of physical and
25
mental health. This program will be maintained in accordance with the guidelines of the Fire
Service Joint Labor Management Wellness -Fitness Initiative. It is the goal of the City to help all
employees improve and maintain their physical health, mental health and ability to perform their
assigned duties. The Wellness Initiative is designed to promote safe, clear objectives and to
provide a supportive, productive atmosphere.
The program contained within this agreement will:
• Be voluntary and non -punitive;
• Provide annual medical assessments for all participants;
• Provide annual physical fitness assessments for all participants;
• Provide rehabilitation and remedial support services for all participants;
• Provide nutritional education for all participants;
• Provide support programs in the areas of stress, financial and relationship management;
as well as substance abuse and tobacco cessation for all participants;
• Provide peer review and monitoring;
• Provide confidential data collection to determine trends and areas of need within the
department by providers agreed upon by the Joint Committee; and
• Establish an on-going Joint Committee that will consist of Fire Chief, Union President,
plus up to 5 members from the Union and 5 members from the City to fully develop all
components. Committee members may establish subcommittees as needed to consist of
up to 3 subcommittee members in addition to the lead committee member to assist in
development of the components.
• The Joint Committee will develop the program requirements that will qualify for the
Wellness Participant rate on health insurance. When the alternative program is ready, it
will be offered.
Section 2. Components.
There are four functional components to the Wellness Initiative:
• Medical,
• Fitness,
• Rehabilitation, and
• Behavioral Health.
Each component is designed to stand alone. Employees may participate in any specific
component or combination of components at any time.
The fifth component is Data Collection. Data Collection will be used for analysis
purposes to modify and improve the program.
Section 3. Medical Component.
All voluntary participating employees will undergo a comprehensive annual medical
assessment based on the guidelines in NFPA 1582. The exam will be performed by a qualified
personal physician selected by the employee OR physician/medical group/facility selected by
and agreed upon by the Joint Committee. This examination is designed to help identify health
26
problems affecting the individual, his/her department, and the professional fire service. The
results may be used by the employee to seek further care, rehabilitation or remedial services if
desired. Individual, personal results will only be provided to the employee and will not be
shared with the Fire Chief or City. Anonymous, confidential data will be collected to determine
trends and areas of need within the department by a provider agreed upon by the Joint
Committee.
The Joint Committee will develop this component and implement no later than October 1,
2017.
Section 4. Fitness Component.
The following components are designed to assist members and Peer Fitness Trainers by
providing target areas for improvement as well as confirmation of successful exercise effort.
The Fitness Program, including the annual fitness assessment, will be based on the NFPA 1582
and WFI. The main components of the Fitness Program are:
a. Medical clearance
All voluntary participating members will be medically cleared to participate through the
use of annual medical physical examinations.
b. Fitness Assessments
Members may participate in annual assessments to evaluate their aerobic capacity,
muscular strength, muscular endurance and flexibility. The Joint Committee will develop
and implement annual fitness assessments utilizing current available equipment no later
than October 1, 2017. By the end of FYI 9, the City will provide all equipment needed to
conduct WFI fitness assessments.
C. On duty time for exercise
Employees will be allowed to participate in 60 to 90 minutes of exercise per shift at a
reasonable hour of the day. Employees will be provided with the opportunity to exercise
and will be responsible for scheduling time to do so.
Employees covered by this Agreement are not required to participate in any
physical fitness programs except as may be required as a result of a fitness for duty
examination given pursuant to Section 143.081 of the Texas Local Government
Code.
d. Peer Fitness Coordinator and Peer Fitness Trainers
The City will establish an adequate number of Peer Fitness Trainers to provide
reasonable access to participants as determined by the Joint Committee. By the end of
FYI 9, the City will allow training/certification to provide for at least 6 total peer fitness
trainers in the department.
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e. Nutrition Education
The City will establish reasonable access for participants to nutritional education as
determined by the Joint Committee.
Section 5. Behavioral Health Component.
The City will support a behavioral health plan, which may be delivered either through
internal or external resources, based on specific elements.
The behavioral health component will:
• Provide an annual confidential behavioral health evaluation to assess concerns/needs in
the areas of family/marriage relationships, finances, dealing with stress, work related
issues, tobacco cessation and alcohol/substance abuse.
• Establish and maintain services to be available in the following areas:
o Chaplain for spiritual needs
o Employee Assistance Program (EAP)
o Critical Incident Stress Management
o Substance Abuse
o Tobacco Cessation
The Joint Committee will develop the component and implement no later than October 1,
2018.
Section 6. Rehabilitation Component.
The department will provide a progressive individualized injury, fitness and medical
rehabilitation program for on or off the job injuries/illnesses that will ensure full rehabilitation of
any affected employee and a safe return to duty status.
The rehabilitation component will:
• Establish a Wellness Liaison(s) (potentially Peer Fitness Coordinators) to be familiar
with job requirements and return to duty standards to assist employees in coordinating
return to duty;
• Establish an alternate duty program;
• Establish a physical therapy organization familiar with job requirements and return to
duty standards; and
• Establish a comprehensive injury prevention program.
The Joint Committee will develop the component and implement no later than October 1, 2019.
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ARTICLE 33.
TERMINAL LEAVE
Section 1. Sick Time Payout Upon Retirement.
A. Employees covered by this Agreement who retire while this Agreement is in effect
will be entitled to be paid $0.10 (ten cents) on the dollar for accumulated, unused sick
leave provided that they have at least 30 years of service with the City of Baytown.
B. This payout will be based on current salary and will be applied to sick leave amounts
remaining after the 120 day payout authorized by City policy.
Section 2. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142, or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
ARTICLE 34.
RETIREMENT
The City shall contribute to the Texas Municipal Retirement System on behalf of the
employees covered by this Agreement on the same basis as in effect for other City employees.
ARTICLE 35.
FIRE/EMS MERGER
The parties agree that the following clause from the 2010-2016 Agreement of the parties
is still in effect:
Eversreen.
The terms and conditions of this Article as well as in
Article 3 of the Agreement shall survive after the expiration or
termination of this Agreement and shall not thereafter be subject to
repeal, amendment or modification unless agreed to by the parties.
The prior Fire/EMS Merger Article from the 2010-2016 Agreement is attached as Appendix B,
and incorporated by reference herein for all intents and purposes. To the extent that there are any
conflicts between this Agreement and Appendix B, Appendix B shall control.
29
ARTICLE 36.
MISCELLANEOUS PROVISIONS
Section 1. Bulletin Boards.
The City will allow space on an existing bulletin board or provide space for same in each
station for the Union. Articles placed on such board shall be limited to local, state, or national
meeting announcements, legislative reports, and safety bulletins. The Fire Chief may require
prior approval to post other types of materials. No materials endorsing political candidates,
issues, or any other matter that may be considered degrading or derogatory to the City or any
City official will be allowed on the board.
Section 2. Conies of Agreement.
The City shall post an electronic copy of this Agreement in a manner that makes the
document available to each employee covered by this Agreement.
Section 3. Direct Deposit.
The City shall maintain a direct deposit system with banks and credit unions for payroll
checks during the term of this Agreement.
Section 4. Mileage Reimbursement.
An employee required to use his/her private automobile for approved Fire Department
business or as a necessity in changing stations after reporting to duty, shall be compensated at the
applicable IRS rate, after providing the documentation required by the City.
Section 5. Information Technology.
The Executive Board may use the City's e-mail service to make general announcements
regarding meetings, conferences, and/or classes or for any other informational purpose; provided
that the Executive Board has obtained the approval of the Fire Chief or his/her designee prior to
each such use of the City's system.
Section 6. Labor -Management Committee.
The City and the Union, having recognized that the 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 may 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
may meet quarterly, or at the call of either the Union President or the City representative at times
mutually agreeable to both parties.
30
Section 7. Fitness Program not Required
Employees covered by this Agreement are not required to participate in any physical
fitness programs except as may be required as a result of a fitness for duty examination given
pursuant to Section 143.081 of the Texas Local Government code.
ARTICLE 37.
SAVINGS CLAUSE
Section 1. General Savings Provision.
Should any provision of this Agreement be found to be inoperative, void or invalid by a
court of competent jurisdiction, all other provisions of the Agreement shall remain in full force
and effect for the duration of this Agreement, it being the intention of the parties that no portion
of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity
of any other portion or provision.
Section 2. Preemption.
To the extent that any provision of this Agreement conflicts with or changes Chapters
141, 142 or 143 of the Texas Local Government Code or any other applicable statute, executive
order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code. The parties agree that it is not necessary for
them to specifically identify exactly which sentences in this Agreement conflict with or change
Chapters 141, 142 or 143 of the Texas Local Government Code or any other applicable statute,
executive order, local ordinance or rule. Rather, the parties agree that preemption is satisfied by
noting it generally at the end of any Article to which preemption applies.
ARTICLE 38.
SCOPE OF AGREEMENT
Section 1. Scope.
The parties agree that each has had the full and unrestricted right and opportunity to
make, advance and discuss all matters properly within the province of collective bargaining. The
above and foregoing Agreement constitutes the full and complete Agreement of the parties and
there are no others, oral or written, except as herein contained. The parties agree that in the
event there is a clarification or interpretation needed regarding this Agreement, the Union
Executive Board shall have the right to execute a Memorandum of Understanding without
submission of the MOU to the Union's membership for a vote; however, substantive
Amendments to the Agreement shall be submitted to the Union's membership for a vote. For the
term of this Agreement, absent mutual agreement, each party waives the right to demand or
petition for changes in the Agreement or to bargain over any subject during the term of this
31
Agreement, even though the subject may or may not have been within the knowledge or
contemplation of either party.
Section 2. Preemption.
To the extent that any provision of this Article or Appendix Year 1-6 conflicts with or
changes Chapter 141, 142, or 143 of the Texas Local Government Code or any other applicable
statute, executive order, local ordinance or rule, this Agreement shall supersede such provisions,
as authorized by Chapter 174 of the Texas Local Government Code.
ARTICLE 39.
DURATION
This Agreement shall be effective on January 27, 2017, and will expire at midnight on
September 30, 2019.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed on
this the day of , 2017, by the Union and the day of
2017, by the City.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
32
BAYTOWN FIREFIGHTERS'
ASSOCIATION
MARK MEDRANO, President
ATTEST:
Secretary
Fire Fighter Paramedic
Equipment
Operator
Lieutenant
Battalion Chief
Assistant Chief
APPENDIX A
SALARY CHARTS
Year 1
Years in Rank
Operations
Hourly
1
$ 22.04
2
$ 22.70
3
$ 23.38
4
$ 24.09
5
$ 24.81
6
$ 25.55
7
$ 26.32
Tier Years in Rank
Operations
Hourly
Admin
Hourly
Tier
Years in Rank
Operations
2 1±___Jl
$ 33.27
Hourly
1
0-6 mos
$ 27.64
2
6 mos+
$ 29.30
Tier Years in Rank
Operations
Hourly
Admin
Hourly
1 0
$ 31.69
$ 40.95
2 1±___Jl
$ 33.27
$ 42.99
Tier
Years in Rank
Operations
Hourly
Admin
Hourly
1
0
$ 36.68
$ 47.40
2
1+
$ 38.51
$ 49.77
Tier
Years in Rank
Hourly
1
0
$ 53.21
2
1+
$ 55.88
After completion of probationary period, Fire Fighter will move to Tier 1. Thereafter, Fire Fighter will move to next
tier on their anniversary of completion of probation. Annual salary does not include longevity or seniority pay and
nothing in the annual salary column shall move with the employee when he/she steps up pursuant to 143.038(b).
A-1
Fire Fighter Paramedic
Equipment
Operator
Lieutenant
Battalion Chief
Assistant Chief
Year 2
Years in Rank
Operations
Hourly
1
$ 23.14
2
$ 23.84
3
$ 24.55
4
$ 25.29
5
$ 26.05
6
$ 26.83
7
$ 27.64
Tier
Years in Rank
Operations
Hourly
1
0-6 mos
$ 29.02
2
6 mos+
$ 30.76
Tier
Years in Rank
Operations
Hourly
Admin
Hourly
1
0
$ 33.27
$ 43.00
2
1+
$ 34.93
$ 45.14
Tier Years in Rank
Operations
Hourly
Admin
Hourly
1 0
$ 38.51
$ 49.77
2 1L___J,
40.44
$ 52.26
After completion of probationary period, Fire Fighter will move to Tier 1. Thereafter, Fire Fighter will move to next
tier on their anniversary of completion of probation. Annual salary does not include longevity or seniority pay and
nothing in the annual salary column shall move with the employee when he/she steps up pursuant to 143.038(b).
A-2
Tier
Years in Rank
Annual
Salary
1
0
$ 116,221
2
1+
$ 122,032
After completion of probationary period, Fire Fighter will move to Tier 1. Thereafter, Fire Fighter will move to next
tier on their anniversary of completion of probation. Annual salary does not include longevity or seniority pay and
nothing in the annual salary column shall move with the employee when he/she steps up pursuant to 143.038(b).
A-2
Fire Fighter Paramedic
Equipment
Operator
Lieutenant
Battalion Chief
Assistant Chief
Year 3
Years in Rank
Operations
Hourly
1
$ 24.30
2
$ 25.03
3
$ 25.78
4
$ 26.56
5
$ 27.35
6
$ 28.17
7
$ 29.02
Tier
Years in Rank
Operations
Hourly
Tier
Years in Rank
Operations
$ 34.93
$ 45.14
Hourly
1
0-6 mos
$ 30.47
2
6 mos+
$ 32.30
Tier
Years in Rank
Operations
Hourly
Admin
Hourly
1
0
$ 34.93
$ 45.14
2
1+
$ 36.68
$ 47.40
Tier
Years in Rank
Operations
Hourly
Admin
Hourly
1
0
$ 40.44
$ 52.26
2
1+
$ 42.46
$ 54.87
After completion of probationary period, Fire Fighter will move to Tier 1. Thereafter, Fire Fighter will move to next
tier on their anniversary of completion of probation. Annual salary does not include longevity or seniority pay and
nothing in the annual salary column shall move with the employee when he/she steps up pursuant to 143.038(b).
A-3
Tier
Years in Rank
Annual
Salary
1
0
$ 122,032
2
1+
$ 128,134
After completion of probationary period, Fire Fighter will move to Tier 1. Thereafter, Fire Fighter will move to next
tier on their anniversary of completion of probation. Annual salary does not include longevity or seniority pay and
nothing in the annual salary column shall move with the employee when he/she steps up pursuant to 143.038(b).
A-3
APPENDIX B
ARTICLE 32 (2010-2016 Agreement)
FIRE/EMS MERGER
Section 1. Statement of Intent.
The intent of this Article is to provide for the merger of the Baytown Emergency Medical
Services Division of the Baytown Health Department into the Baytown Fire Department:
a. to extend to those persons hired by the City of Baytown prior to the Effective
Date hereof as Medics civil service benefits pursuant to Chapter 143 of the Texas
Local Government Code, except as otherwise provided in this Article;
b. to offer necessary fire cross training and certifications to Medics and to assure
that the Certified Medics form an integral part of the City's fire protection
activities; and
C. to assure that over time the fire prevention and suppression service and the
ambulance and medical services are substantially related within one department
for the purposes of the Fair Labor Standard's Act's overtime exemption allowed
to municipalities for fire suppression personnel and to assure that all Fire
Department employees qualify as employees hired after the Effective Date are
engaged in fire protection activities as per federal law.
Section 2. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Certified Medic shall mean Medics of any classification who become certified as
firefighters within the Transition Period.
Chapter 143 shall mean Chapter 143 of the Texas Local Government Code
Effective Date shall mean the date that this Third Amendment is executed by the City
Manager, which shall in no event be before January 1, 2013.
EMS means emergency medical services.
Firefighter Paramedic shall mean a person who:
(i) is not a Medic on the Effective Date;
(ii) is employed by the City as a firefighter of any classification; and
(iii) has obtained and maintains his firefighter certification from TCFP and his
paramedic certification from the TDSHS.
B-1
Medic shall mean those persons who are not firefighter certified and who were employed
by the City of Baytown and held the positions of Paramedic, Senior Paramedic, Paramedic
Supervisor, or EMS Coordinator in the Baytown Health Department immediately prior to the
Effective Date hereof. Such persons are specifically identified in Appendix 2 of this Agreement,
which appendix is attached hereto and incorporated herein for all intents and purposes. A Medic
shall not include a person who is or becomes a Certified Medic.
Medical Division of the Fire Department shall mean personnel of the Fire Department
whose primary duties pertain to EMS operations rather than fire suppression, fire prevention, fire
training, fire safety education, fire maintenance, fire communications, fire photography, fire
administration and fire arson investigation.
TCFP shall mean the Texas Commission on Fire Protection or any successor agency that
is accredited in state by International Fire Service Accreditation Congress.
TDSHS shall mean the Texas Department of State Health Services or any successor
agency that is responsible for certification of licensed paramedics in the state.
Transition Period shall mean the six-year period commencing on the Effective Date
during which Medics may become Certified Medics.
Section 3. Merger of EMS Division into Fire Department.
(a) Merger. On the Effective Date, the Emergency Medical Services Division of the
Baytown Health Department will be transferred to and merged into the Baytown Fire
Department in accordance with the terms specified in this Article.
(b) Civil Service Status. On the Effective Date, each Medic will be transferred to
the Fire Department and given the status of civil service employee under Chapter 143 subject to
the terms of the Agreement and this Third Amendment without being required to take a
competitive examination. Such persons shall for all intents and purposes be considered as being
appointed in substantial compliance with Chapter 143 of the Texas Local Government Code.
(c) Bargaining Unit Status. On the Effective date, each Medic will become part of
the Fire Department bargaining unit for purposes of representation as defined and provided for in
Chapter 174 of the Texas Local Government Code. Each Medic has the right to join and
maintain membership in the Union. Likewise, each Medic has the right to refrain from joining,
or to withdraw from membership in the Union. Neither the City nor the Union shall exert any
pressure for or against any Medic in regard to such matters.
Section 4. Effect on Firefighters.
(a) Paramedic Certification.
B-2
(1) Not Required. Firefighters hired on or prior to the Effective Date will not
be required to become or remain certified by TDSHS as paramedics. Firefighters
without such certification, however, will not be eligible to test for any position in
the Medical Division of the Fire Department.
(2) Required. Firefighters hired on or after the Effective Date may be
required by the Fire Chief to be or become certified by TDSHS as paramedics
subject to Article 3 of the Agreement.
(b) Temporary Assignments. Firefighters who are hired on or after the Effective
Date, may be temporarily assigned by the Fire Chief to duties in the Medical Division of the Fire
Department. Firefighters, who were hired before the Effective Date, may be temporarily
assigned by the Fire Chief to duties in the Medical Division of the Fire Department only if the
firefighter consents such temporary assignments in writing, whether by e-mail or otherwise.
Section 5. Medics.
(a) Classifications/Positions.
(1) Establishment. The classifications and the number of positions created in
subsection (b) of this section are provided for and established without the
necessity of any action by the Civil Service Commission or the City
Council.
(2) Creation and Abolishment. The classifications and positions created
and/or abolished pursuant to the terms of this article after the Effective
Date shall be deemed provided for and established without the necessity of
any action by the Civil Service Commission or the City Council.
(3) Record. The Director of Civil Service shall maintain the official record of
the classifications and number of positions in each classification created or
abolished pursuant to this Agreement, which record shall be binding on
the parties hereto,
(b) Assignment to Classifications. On the Effective Date, Medics will be
placed in the classifications and positions created by the City Council as follows:
Paramedic Non -Fire Paramedic
Senior Paramedic Non -Fire Paramedic
Paramedic Supervisor Non -Fire Paramedic Supervisor
EMS Coordinator EMS Coordinator
The parties understand and agree that there will be no person, other than a Medic,
who will hold a position in the classifications hereinabove. As Medics leave the Fire
B-3
Department through retirement, resignation or otherwise, the number of authorized
positions in the above -referenced classifications shall be reduced accordingly.
Additionally, once a position in one of the classifications hereinabove is abolished as
provided in subsection (f) of this section after the promotion of a Firefighter Paramedic,
the number of authorized positions in the classification shall be reduced accordingly.
(c) Duties. The duties of persons within the classifications of Non -Fire
Paramedic, Non -Fire Paramedic Supervisor, and EMS Coordinator will be allocated and
assigned in accordance with and subject to Article 3 of this Agreement. It is understood
and agreed by the parties hereto that a Certified Medic may be assigned to work
paramedic and/or firefighter assignments. Certified Medics shall be assigned by the Fire
Chief to duties in the Medical Division of the Fire Department. A Certified Medic may
be temporarily assigned by the Fire Chief to duties in the Fire Department other than
those associated with the Medical Division of the Fire Department only if the Certified
Medic requests such temporary assignment in writing , whether by e-mail or otherwise.
(d) Temporary Duties in Higher Classification. Without being considered a
promotion or count as time in grade, the Fire Chief may designate a Medic from a lower
classification to temporarily fill a position of another Medic in a higher classification
based upon the classification hierarchy established in subsection g(1) of this section. The
Fire Chief may also designate a Firefighter Paramedic to temporary fill a position of a
Medic in a higher or equivalent position in lieu of designating a Medic.
(e) Paramedic Certification. All Medics classified as a Non -Fire Paramedic,
Non -Fire Paramedic Supervisor, and EMS Coordinator shall be required to maintain their
paramedic certification in order to continue employment in the Baytown Fire
Department.
(f) Fire Certification.
(1) Not Required. No Medic will be required to obtain firefighter
certification from the TCFP as a condition for continued
employment in the Fire Department. A Medic who does not
obtain firefighter certification will be assigned to work paramedic
and non -firefighter assignments.
(2) Permitted. During the Transition Period only, a Medic may
submit a written request to the Fire Chief to become certified as a
firefighter by the TCFP at the City's expense and on City time.
The Fire Chief, in his sole discretion, may grant such request
and/or place conditions thereon if adequate funds are budgeted
within the Fire Department's budget for such purposes and if the
Medic has not attempted to obtain such certification under this
subsection on more than two (2) occasions during the Transition
Period. The Parties agree for and on behalf of the Medics that if a
Medic does not obtain the Fire Chief's approval of a request to
become certified as a firefighter by the TCFP at the City's expense
and on City time, he may pursue such certification on his own time
and at his own expense and shall not seek tuition reimbursement or
compensation of any sort for the time spent seeking to obtain such
certification on his own. The failure of the Fire Chief to grant a
request to become certified, to pay for time spent in becoming
certified and/or to pay tuition reimbursement shall not be subject to
grievance procedure in this Agreement.
(3) Obtained.
a. If a Medic in the classification Non -Fire Paramedic obtains
his firefighter certification, a new position in the
classification Fire Fighter shall be created and the
classification and such person's position in the
classification of Non -Fire Paramedic shall be abolished.
b. If a Medic in the classification Non -Fire Paramedic
Supervisor obtains his fire fighter certification, a new
position in the classification Lieutenant shall be created and
such person's position in the classification of Non -Fire
Paramedic Supervisor shall be abolished.
Those Medics, who were in the classification Non -Fire
Paramedic Supervisor on January 7, 2013, who obtained
his/her fire fighter certification prior to October 1, 2014,
and held a position in the classification of Battalion Chief
prior to October 1, 2014, shall, effective October 1, 2014:
1. hold a position in the classification of Lieutenant;
2. be entitled to count the time period in which such
person served as a Battalion Chief as time in rank as
a Lieutenant for purposes of determining the
appropriate tier in the salary schedule in Appendix
Years 5-6;
3. be paid the same base salary as such person made
on the day prior to October 1, 2014, but shall not be
entitled to an increase in base salary until the annual
base salaries of those in the classification
Lieutenant, who have not been reclassified in
accordance with this subsection b, equal or exceed
the base salary of the reclassified persons, at which
time all persons in the classification of Lieutenant
M
with equal years of service in such classification
shall be paid the same;
4. be entitled to receive the same percentage increase
in the form of quarterly payments as others in the
classification of Lieutenant, who have not been
reclassified in accordance with this subsection b,
receive in the form of base salary. The quarterly
payments shall be made as follows:
Quarter
Q1
Quarter Period
January I" —March 3151
Pavinent Date
Aril 30
Q2
Aril 15` —June 30
July 31
Q3
Jul I" — September 30 '
October 31
Q4
October 15` — December 315f
January 31
All quarterly payments will be subject to FICA,
TMRS and other withholding taxes as a regular
check. Employees and the Union understand and
agree that any quarterly payments provided for in
this subsection are only for the period in which the
base salary of those in the classification of
Lieutenant, who have not been reclassified in
accordance with this subsection b is less than the
base salary of the Lieutenants, who have been
reclassified in accordance with this subsection b.
The quarterly payments shall not be construed to be
a part of base salary or any other pay identified by
state or federal law, including, but not limited to,
Chapters 141, 142 and 143 of the Texas Local
Government Code; and
S. have no right of appeal to the Civil Service
Commission, a third party hearing examiner or any
court regarding any matter arising out of or
resulting from the reclassification as provided for in
this subsection b, as the parties understand and
agree that the reclassification is neither a demotion
nor any form of discipline
C. If the Medic in the classification EMS Coordinator obtains
his firefighter certification, a new position in the
classification Assistant Chief shall be created and the
classification and such person's position in the
classification of EMS Coordinator shall be abolished.
B-6
(g) Promotions.
(1) Transition Period. Medics will not be eligible for promotion
except during the Transition Period during which such persons
may be promoted only to those classifications referenced in
subsection (b) of this section.
a. Non -Fire Paramedic Supervisor. During the transition
period, promotions due to a vacancy in the classification of
Non -Fire Paramedic Supervisor shall be either by
appointment of the Fire Chief or as a result of an open
competitive exam, as determined by the Chief in his sole
discretion. If the promotion is based upon a competitive
promotional exam, eligibility for promotion shall be in
accordance with Sections 10.01 through 10.03 of the
Firefighters' & Police Officers' Civil Service Rules and
Regulations.
1. If a Lieutenant is appointed or an Equipment Operator,
meeting the eligibility requirements for promotion to
Lieutenant as specified in Sections 10.01 through 10.03
of the Firefighters' & Police Officers' Civil Service
Rules and Regulations, is promoted based upon a
competitive promotional exam, the position in the
classification Non -Fire Paramedic Supervisor shall be
abolished and a new position in the classification of
Lieutenant shall be created to which such person shall be
assigned or promoted.
2. If a Certified Medic is promoted, the position in the
classification Non -Fire Paramedic Supervisor shall
be abolished and a new position in the classification
of Lieutenant shall be created to which such person
shall promote.
3. If a Medic who is not a Certified Medic is promoted
to Non -Fire Paramedic Supervisor, the position in
the classification Non -Fire Paramedic shall be
abolished
b. EMS Coordinator. During the transition period,
promotions to the classification of EMS Coordinator, if the
classification exists, shall be by appointment of the Fire
Chief without a test. The Fire Chief may appoint a Medic
or a Firefighter Paramedic. If a Firefighter Paramedic is
promoted, the position in and the classification of EMS
Coordinator shall be abolished and a new position in the
classification of Assistant Chief within the Medical
B-7
Division of the Fire Department shall be created to which
such person shall promote.
(2) During and After the Transition Period. Certified Medics, with
the exception of those persons who never held a position in the
classification of Fire Fighter within the Department during the
Transition Period, will be eligible for promotion during the
Transition Period and any time thereafter; provided the applicable
time in rank provisions herein and/or in Chapter 143 have been
satisfied.
a. Promotion of Certified Medics in the Fire Fighter
Classification. Certified Medics will be eligible to take the
following promotional exams:
A Certified Medic who has not continuously held a
position of EMS Paramedic within the City of
Baytown's Health Department for at least one year
on the Effective Date must hold a position in the
Fire Department in the classification of Fire Fighter
for three years to be eligible to take the promotional
exam for Equipment Operator.
2. A Certified Medic who has continuously held a
position of EMS Paramedic within the City of
Baytown's Health Department for at least one year
on the Effective Date must hold a position in the
Fire Department in the classification of Fire Fighter
for at least two years to be eligible to take the
promotional exam for Equipment Operator.
b. Promotion of Certain Certified Medics in the
Lieutenant Classification. Certified Medics, who attained
a position in the classification of Lieutenant during the
Transition Period pursuant to Section 5(f)(3)b, are not
eligible for promotion by competitive exam and may only
be appointed at the sole discretion of the Fire Chief to a
position in the classification of Assistant Chief created
pursuant to Section 5(f)(3)c or Section 5(g)(1)b.
(h) Demotions.
(1) Medics. While Medics who are not firefighter certified are
eligible for promotion during the Transition Period, such Medics
can be demoted at any time in accordance with Chapter 143 to the
next lower classification available to Medics who are not
I.M.
firefighters if the same is not abolished. Such classifications to
which Medics may be demoted in order of hierarchy are as
follows:
ClassificationsHierarchy of
EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
If the classification immediately below the classification from
which the Medic is being demoted has been abolished at the
time of demotion, the Medic shall be demoted to a position in
the next lower classification in the above -referenced hierarchy
of classifications. If all of the classifications below the
classification from which the Medic is being demoted have been
abolished, the Medic shall be dismissed from the Fire
Department.
(2) Assistant Chief. If the EMS Coordinator becomes certified as a
fire fighter in accordance with Section (5)(f)(3)(c) of this section, he
shall serve at the pleasure of the Fire Chief and may be demoted without
cause to the classification of Lieutenant within the Medical Division of
the Fire Department.
(i) Reductions in Force. Personnel reduction shall be in accordance with
Texas Local Government Code Section 143.085; provided however, the position
immediately below the vacated or abolished position in the classifications listed in
Section 5(b) shall be as follows listed from highest to lowest:
ClassificationsHierareliv of
EMS Coordinator
Non -Fire Paramedic Supervisor
Non -Fire Paramedic
If the classification immediately below the classification held by the Medic at the time of
the reduction in force has been abolished, the Medic shall be demoted to a position in the
next lower classification in the above -referenced hierarchy of classifications. If all of the
classifications below the classification from which the Medic is being demoted as a result
of the reduction in force have been abolished, the Medic shall be dismissed from the Fire
Department. Medics who have been laid off shall not be subject to recall after a reduction
in force unless they are certified as firefighters at the time of the reduction in force and of
the recall.
(j) Seniority. A Medic's years of employment with the City prior to the
Effective Date shall be counted only for purposes of longevity pay, accrual benefits, and
retirement. If on the day prior to the Effective Date, a Medic is employed with the City
B-9
as a Paramedic or Senior Paramedic, such Medic's years of employment prior to the
Effective Date as a Paramedic or Senior Paramedic shall be counted only for purposes of
determining the appropriate tier in the Fire Fighter classification in the compensation plan
as detailed in Article 23. If on the day prior to the Effective Date, a Medic is employed
with the City as a Paramedic Supervisor or an EMS Coordinator, such Medic's years of
employment prior to the Effective Date shall not be counted for purposes of determining
the appropriate tier in the Battalion Chief or Assistant Chief classification in the
compensation plan as detailed in Article 23, as such individuals shall be placed in the
lowest tier of such classifications after being certified as a firefighter. A Medic's
seniority for purposes of promotion shall be determined in accordance with subsection (g)
of this section or Chapter 143, as applicable.
Section 6. Compensation.
(a) Medics. Medics in the classifications created pursuant to Section 5(b) of
this Article shall be paid their same rate of pay as they received on the day prior to the
Effective Date. Such rate may be increased if:
1. an across-the-board raise is paid to all of the non -civil service
employees of the City,
2. a bonus payment is paid to all of the non -civil service employees
of the City, or
3. a merit raise is offered to non -civil employees of the city.
Any increase will be paid in the same manner and at the same time as the same is paid to
non -civil service employees provided, however, if a merit increase is offered, then the
rate of pay will increased by the average percentage merit increase budgeted. All such
increases shall be subject to FICA, TMRS and other withholding taxes.
Notwithstanding the foregoing, any increase authorized by this subsection, which would
result in the Medic receiving compensation in excess of the tier to which such Medic
would move if the Medic became a Certified Medic, shall be paid as quarterly payments
and shall not be construed as part of the Medic's base pay or any other pay identified by
state or federal law, including, but not limited to, Chapters 141, 142 and 143 of the Texas
Local Government Code. All such quarterly payments will be subject to FICA, TMRS
and other withholding taxes.
(b) Certified Medics. Except as provided in subsection (c), Certified Medics
shall be paid the greater of the following:
their same rate as they received on the day prior to the Effective
Date or
2. the base compensation specified in Appendix Years 5 - 6 of the
Agreement at the tier that corresponds to their time in service as a
City of Baytown EMS Paramedic, Senior Paramedic, or Paramedic
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Supervisor of the equivalent classification based upon the
following chart:
If a salary increase is negotiated for members of the bargaining team, any
Certified Medic whose salary on the day prior to the January 7, 2013, is
higher than his appropriate tier in Appendix 1 Years 1 - 5 will not be
eligible for a salary increase but will receive the average percentage of the
negotiated salary increase for the Fire Fighter classification paid as a
quarterly bonus. Such quarterly bonus shall not be construed as part of the
Certified Medic's base pay or any other pay identified by state or federal
law, including, but not limited to, Chapters 141, 142 and 143 of the Texas
Local Government Code, except as otherwise required by law. All such
quarterly payments will be subject to FICA, TMRS and other withholding
taxes.
(c) Certified Medic in Battalion Chief or Assistant Chief Classification.
A Certified Medic in the classification of Battalion Chief or Assistant Chief shall be paid
the greater of the following:
his same rate as they received on the day prior to the Effective
Date or
2. the base compensation specified in Appendix Years 1 - 5 of the
Agreement for a Tier 1 Battalion Chief or a Tier 1 Assistant Chief,
as appropriate, which compensation may increase thereafter based
upon number of years the Certified Medic has held a position in
such classification.
Section 7. Effect on decisions of the Civil Service Commission and Third Party Hearing
Examiners.
Third Party Hearing Examiners as well as the Civil Service Commission shall be bound
by the terms of this article in making decisions pertaining to Medics. Should a third -party
hearing examiner, the Baytown Civil Service Commission or any successor thereto make a
decision which is contrary to the terms and conditions contained herein, the parties understand
and agree that such decision shall be deemed to be beyond the jurisdiction of the third -party
hearing examiner, the Baytown Civil Service Commission, or any successor, and such decision
will be interpreted by the parties in accordance with this Article.
Section 8. Interpretation
The parties expressly understand and agree that a "fire emergency vehicle" as used in
such section shall not be deemed to include any ambulance or any other emergency vehicle used
by Medics or firefighters assigned to the Medical Division of the Baytown Fire Department. The
Parties agree for and on behalf of all employees covered by this Agreement that the failure to
assign four (4) personnel of any classification to operate an ambulance or any other emergency
vehicle used by Medics or firefighters assigned to the Medical Division of the Fire Department
shall not be subject to grievance procedure in this Agreement or to any other administrative or
judicial review.
Section 9. Preemption.
To the extent that any provision of this Article conflicts with or changes Chapters 141,
142 or 143 of the Texas Local Government Code or any other applicable statute, executive order,
or local ordinance or rule, this Agreement shall supersede such provisions, as authorized by
Chapter 174 of the Texas Local Government Code.
Section 10. Evergreen.
The terms and conditions of this Article as well as in Article 3 of the Agreement
shall survive after the expiration or termination of this Agreement and shall not thereafter be
subject to repeal, amendment or modification unless agreed to by the parties.
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