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Ordinance No. 9,213ORDINANCE NO. 9213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COLLECTIVE BARGAINING AGREEMENT WITH BAYTOWN PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL NO. 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, Texas, hereby authorizes and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a Collective Bargaining Agreement with Baytown Professional Fire Fighters Association, Local No. 1173. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 1P day of September, 2001. A� PETE C. ALFARO, Mayor ATTEST: (.AR AITH, City Clerk APPROVED AS TO FORM: on i iffl-110 Lei CARO I 1 %04 t • d:\MyDocuments \Council \00 -01 \ September\ BaytownProfessionalFireFightersAssn# 1173 COLLECTIVE BARGAINING AGREEMENT between THE CITY OF BAYTOWN, TEXAS and THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173 October 1, 2001 - September 30, 2003 I ® TABLE OF CONTENTS ARTICLE NO. DESCRIPTION PAGE NO. I Preamble 1 II Recognition 2 III Management Rights 3 IV No Strike Clause 5 V Non - Discrimination 6 VI Probationary Period 7 VII Promotions 8 VIII Hours of Work 9 IX Overtime 10 X Shift Exchanges and Employee Substitutions 12 XI Drug and Alcohol Testing 13 X11 Political Activity 14 XIII Personnel Reduction 15 XIV Duties 16 XV Vacation 17 XVI Holidays 18 XVII Sick Leave 19 XVIII Leave of Absence 20 XIX Insurance Benefits 21 XX Retirement 22 E, :7 ARTICLE NO. XXI XXII XXIII XXIV XXV XXVI XXVII XXVM XXIX XXX DESCRIPTION PAGE NO. Uniforms 23 Compensation 24 Disciplinary Action 25 Grievance Procedure 26 Applicability of City's Rules and Policies 29 Civil Service Rules 30 Miscellaneous Provisions 31 Savings Clause 33 Scope of Agreement 34 Duration 35 Appendix 1 36 r� U ARTICLE I 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. 1 1-1 ARTICLE II 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. 2 ARTICLE III 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 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. K ® (6) Adopt, modify, implement and rescind City and Fire Department rules and regulations, performance and discipline rules, regulations and penalties for violation thereof. C7 (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. 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. 4 v n ARTICLE IV 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 or work slowdown, as described 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. 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. k ® ARTICLE V NON - DISCRIMINATION n 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. 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. G ® ARTICLE VI PROBATIONARY PERIOD C Section 1. Initial Probationary Perio Effective upon execution of this Agreement, a person appointed as a Probationary Firefighter within the Fire Department must serve a probationary period of 18 months if the employee is not eligible for certification, or 12 months if certified or eligible to be certified 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. 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 3. Extension of Probation At the sole discretion of the Chief, in lieu of discharge and within the last 30 days of the probationary period, a probationary firefighter may be offered an extension of his or her probationary period for up to six additional months to permit the probationary firefighter to improve deficient performance. During any such extension of a firefighter's probation, the newly -hired probationary firefighter may be discharged with or without cause. 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. 7 ® ARTICLE VII PROMOTIONS Section 1. Method of Promotions — Assistant Chief The Chief may appoint from within the bargaining unit, at his sole discretion, two (2) 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 for Purposes of Computing Eligibility for Promotion An employee does not begin to accrue seniority for the purpose of eligibility for promotion until he /she has been both certified as a firefighter and has been classified as a Firefighter. Seniority points for promotional purposes shall begin to accrue on the employee's date of hire. 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. L` n U ARTICLE VIII HOURS OF WORK Section 1. Hours of Operation The Fire Chief has the sole discretion to set hours of operation for the Fire Department. Section 2. Administrative Employees Lieutenants, Battalion Chiefs, and Assistant Chiefs regularly assigned to administrative duties with the exception of employees on light duty, disciplinary assignment, assignment to training or school, or any other temporary assignments, working a forty (40) hour week, shall receive assignment pay of one hundred dollars ($100) per month. 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. 9 n ARTICLE IX OVERTIME Section 1. 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. There shall be no pyramiding of overtime under this Agreement, that is, hours shall not be paid for more than once. Time off for sick leave, vacations, holidays and jury duty or other leaves shall not be counted as time worked for purposes of computing eligibility for overtime. Worker's compensation leave will be counted as worked time. Section 2. Overtime List The City shall create an overtime list for each classification. An employee who 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 the list. The written request must include a telephone number where the employee can always be reached, and may contain another number(s) where the employee may be located. Initially, the City will establish each overtime list on an alphabetical basis. Section 3. Call Ins When staffing falls below minimum levels, as determined exclusively by the City, and employees are required to be on duty, the Fire Chief or his/her designee may call in off -duty employees to work from an overtime list, as described in Section 2. If additional employees are needed, the City will use the appropriate overtime list to call in employees, from the classification creating the overtime, on a rotation/revolving method. The City may call an employee in from another classification only after attempting to contact all employees on the list in the classification creating the overtime. An employee who is on duty when overtime work is needed shall not lose his/her place on the list. Any employee who is called in for overtime shall have five (5) minutes in which to return the telephone call or page. Section 4. Mandatory Overtime In the event there are not enough volunteers in the vacant classification to work overtime as provided in Section 3 above, then the Employer reserves the right to require any employee covered by the Agreement to work overtime. 10 0 Section 5. Minimum Show Up Time An off -duty employee who is called back to work shall be guaranteed a minimum of two (2) hours of pay at his/her regular hourly rate. Only hours actually worked shall be counted as "time worked" for purposes of computing overtime. Section 6. Emerzencies In emergency situations, the Fire Chief or his/her designee may forego the above procedure. A routine staffing of a shift shall not be deemed as an emergency. Section 7. 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. 11 ARTICLE X SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS Section 1. TradinE Time Employees may be allowed to trade time with other employees of equal rank or classification or as otherwise approved pursuant to the City of Baytown Personnel Policy Manual and Fire Department Rules and Regulations. Section 2. Requests for Trade Time The trade time forms must be completed prior to trading time. 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. Substitution for Ill or Iniured Employee Any employee who is covered by this Agreement who is injured or sick and depletes his/her sick leave, vacation leave, holiday leave, and existing compensatory time may request that another member of the bargaining unit be allowed to substitute for him/her without added compensation or cost to the City. When an employee substitutes for another employee under these circumstances, he /she shall not accrue overtime, additional compensation, and/or other benefits for the regular shift of the injured or sick employee. The injured or sick employee shall receive full salary and benefits during any such periods that other employees are substituting for him/her. 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. 12 ARTICLE XI 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 (Chapter 9, Section 10c) 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 Drug Screening Policy for Emergency Response Personnel (Chapter 9, Section 10c), shall have all rights of appeal as provided by Texas Local Government Code, Chapter 143, in accordance with Article XXIII of this Agreement. i 13 ® ARTICLE XII POLITICAL ACTIVITY 11 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) Employees shall not engage in any political activity, with or without remuneration, that would constitute a conflict of interest with their City employment. (2) 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. (3) Neither the Union nor any employee covered by this Agreement shall, within 180 days prior to the expiration of this Agreement, negotiate with anyone or discuss future negotiations with any management personnel, Council Members, City Council candidates or officials, in any manner which might influence the course of the administration of the Agreement or future 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. 14 c: ARTICLE XIII 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 firefighters shall be hired until the laid -off firefighter(s) and the Union have been notified by certified mail and the laid -off firefighter has been given a fourteen (14) day period to notify the Employer of his/her intention to return to work. The fourteen (14) day period begins upon receipt by the Union of the Employer's certified mail. For the purposes of this Agreement, notification, by certified mail, to the local Union President is also considered appropriate notice to the employee. 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. 15 ARTICLE XVI HOLIDAYS Section 1. Designated Holidays The following holidays shall be observed: 1. New Years Day 2. Good Friday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day 8. Floating Day 9. MLKDay Section 2. Time Off for Holidays Employees who work 24 hour shifts shall be granted time off in lieu of holidays at the rate of one 12 -hour day per holiday. Holidays are scheduled off by rank. Section 3. Holidays for 40 hour Employees Employees who work eight (8) or ten (10) hour days, forty (40) hour week, shall observe (be granted) holidays off as they occur in accordance with City policy. Section 4. Accumulation of Holiday Time Off Employees who work 24 -hour shift may accumulate up to 216 hour off (18 days). M ARTICLE XVII 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 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. ILI n ARTICLE XVIII LEAVE OF ABSENCE Section 1. Provision of Leaves of Absence 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. 911 ARTICLE XIX 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. 21 �7 ARTICLE XX 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 is in effect for other City employees. 22 ARTICLE XXI UNIFORMS The City of Baytown will furnish each firefighter his/her initial uniforms. Uniforms will be replaced at the sole discretion of the Fire Chief. Each member of the bargaining unit shall be provided uniforms to include: 4 golf shirts 4 t -shirts 4 uniform pants Uniforms shall be replaced only if worn or damaged beyond reasonable repair, subject to budgetary limitations and the priority given to the purchase of protective equipment. No request for uniform replacement shall be subject to arbitration under the grievance procedure in this Agreement. 23 ARTICLE XXII COMPENSATION Section 1. Base Compensation for Agreement Year 2001 -2002 Effective January 1, 2002, employees covered by this Agreement shall be paid compensation according to the chart in Appendix 1, which is incorporated into this Agreement. For 2001 — 2002, no employee shall receive a reduction in compensation as a result of the implementation of this Agreement. For example, a four -year Lieutenant shall be placed in Tier 2. Section 2. Base Compensation for Agreement Year 2002 -2003 Effective January 1, 2003, employees covered by this Agreement shall receive the same percent to market increase as is provided for all other City employees. For 2002 — 2003, no employee shall receive a reduction in base compensation as a result of the implementation of this Agreement. For example, if the City grants a 95% to market increase to all other City employees based on their own independent markets, then employees covered by this Agreement shall receive a 95% to market increase based on their own market. The Union shall appoint two representatives by March 1, 2002, to review and verify the salary survey data obtained by the City for the following market cities: Beaumont, Bellaire, Galveston, Houston, Missouri City, Sugar Land, and Texas City. Section 3. Certificate Pay Employees with the following certifications shall be paid monthly certificate pay as follows: Intermediate $60 Advanced $120 Master $180 Employees may receive only one certificate pay per month. 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. 24 ARTICLE XXIII DISCIPLINARY ACTION Section 1. Process of Appeal The Chief may reprimand, demote, suspend without pay or indefinitely suspend any non - probationary firefighter for just cause. Written reprimands shall be placed in the employee's civil service and departmental files. Except for verbal and written reprimands, a non - probationary employee may appeal disciplinary actions, including suspensions up to fifteen (15) days, indefinite suspension, or disciplinary demotion, pursuant to Section 143.053 of the Texas Local Government Code. Within five (5) days, after filing the notice of appeal but before either party has incurred third party hearing examiner expenses, an employee may withdraw his /her request for the independent third party hearing examiner. The election to have the hearing before the Commission must be made in writing and filed with the Director's office. The thirty (30) day hearing deadline imposed on the Commission shall start on the day after the employee files his /her original request or his/her final election to submit the appeal to the Commission, whichever is later. Probationary employees have no right of appeal of any disciplinary action under this Agreement or under Chapter 143 of the Texas Local Government Code. At the sole discretion of the Chief, an employee may be suspended with pay pending investigation of any complaint against an employee. 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. 25 n ARTICLE XXIV 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 III or to disciplinary matters covered in Article XXIII. 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 brief 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 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 W1 ruling. 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 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 Union Grievance Committee within twenty -one (21) days of receipt of the grievance. The City Manager's response to grievances regarding Article XXI 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 Grievance Committee and the City may agree in writing to submit the dispute to mediation. Mediation is optional and requires the Agreement of both 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. (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 OR binding on the parties to this Agreement, unless the arbitrator exceeds his jurisdiction, or if his/her award is procured by fraud or collusion. 27 (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 III. 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 of variations of the present Agreement or to arbitrate away, in whole or in part any provisions of 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 S (c). W. ® ARTICLE XXV 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 Department, 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. 29 C r ARTICLE XXVI CIVIL SERVICE RULES By entering into this Agreement, the parties recognize and agree that the provisions of this Agreement shall take precedence over the applicable section of Chapter 143 of the Texas Local Government Code and/or the Local Civil Service Rules and Regulations, whenever the provisions of the Agreement specifically so state. 30 ARTICLE XXVII MISCELLANEOUS PROVISIONS Section 1. Benefits Booklet The City shall make available to each employee covered by this Agreement a booklet describing all of the benefits and conditions of his/her employment. Section 2. 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 3. Copies of Agreement The City shall make available to each employee covered by this Agreement one (1) copy of this Agreement and one (1) copy for each Fire Station. Section 4. 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. Section 5. 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 6. 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 7. Physical Fitness Employees covered by this Agreement are not required to participate in any 40 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. 31 C7 This subsection specifically preempts any contrary provision of the City of Baytown's Firefighters' and Police Officers' Civil Service Rules and Regulations for the duration of this Agreement. 32 ARTICLE XXVIII 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 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. 33 ARTICLE XXIX SCOPE OF AGREEMENT 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. 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 Agreement, even though the subject may or may not have been within the knowledge or contemplation of either party. 34 ARTICLE XXX DURATION This Agreement shall be effective from October 1, 2001 and will expire at midnight on September 30, 2003. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed on this the /0 hJ day of tick b2.,r , 2001. CITY OF BAYTOWN BAYTOWN FIREFIGHTERS' A CIA ON By: i � � By• �\Yia CITY MANAGER PRESID T AND AUTHORIZED REPRESENTATIVE ATTEST: By: (ljeiLti) /)) � A I1ERK APPROVED AS TO FORM: By: .44,04( BETTYE . SPRINGER ATTORNEY FOR CITY OF BAYTOWN 35 r� �J v Fire Fighter APPENDIX 1 Yr Base Longevity Total 1 2,762 4 2,766 2 2,846 8 2,854 3 2,930 12 2,942 4 3,014 16 3,030 5 3,098 20 3,118 6 3,156 24 3,180 7 3,214 28 3,242 8 3,272 32 3,304 9 3,330 36 3,366 10 3,388 40 3,428 11 3,414 44 3,458 121 3,440 48 3,488 13*1 3,466 1 52 1 3,518 *Longevity for 13+ years shall be computed at $4 per month per year of service, up to a maximum of $100. 36 APPENDIX 1 Equipment Operator Tier Yrs Monthly* Compensation 1 0 -6 mos 3550 2 6 mos+ 3662 Lieutenant Tier Yrs Monthly* Compensation 1 0 -5 3758 2 5 -10 4108 3 10+ 4300 Battalion Chief Tier Yrs Monthly* Compensation 1 0 -5 4350 2 5 -10 4671 3 10+ 4900 Assistant Chief Tier Yrs Monthly* Compensation 1 0 -5 4950 2 5 -10 5266 3 10+ 5900 *Longevity shall be computed at $4 per month per year of service; up to a maximum of $100. 37