Ordinance No. 10,281ORDINANCE NO. 10,281
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT 2005 -2007 BETWEEN THE CITY OF BAYTOWN, TEXAS, AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the International Association of Firefighters Local 1173, in conformity with Article
XXX, Reopener of the Collective Bargaining Agreement of 2005 -2007 ( "Agreement "), invoked its
privilege of reopening the Agreement under Article XXII, Compensation, Sections 1 and 2 for the
purpose of negotiation of wages for Year 2; and
WHEREAS, the Union and the City, in negotiating the wages for Year 2, have mutually agreed to
establish the method by which the wages and certification pay for Year 3 will be established so that the
Agreement will not be subject to any reopener for Year 3; and
WHEREAS, the Union and the City additionally mutually agreed to reopen Article Vll
"Promotions "; and
WHEREAS, the Union and the City have agreed to amend certain terms and conditions of the
Agreement to the extent expressed in the Amendment upon the consideration therein stated;
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 Amendment
to the Collective Bargaining Agreement 2005 -2007 between the City of Baytown, Texas, and the
International Association of Firefighters Local 1173. A copy of said amendment is attached hereto as
Exhibit "A" and is incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 9th day of March, 2006.
CALVIN MUNDINGER, May
A
L ity Clerk
APPROVED AS TO FORM:
• ACIO RAMIREZ, SR.,6h Attorney
RAKarenlFiles\Cky CounciROrdlnancesUDO March 9\ Amendmen12CollectiveBargainingAgreement .doc
AMENDMENT TO
COLLECTIVE BARGAINING AGREEMENT
OF 2005-2007
This Amendment to the Collective Bargaining Agreement of 2005-2007 is signed
and agreed upon on this the day of 'Y\Co-T,‘,._ , 2006, by and between the
City of Baytown, Texas, a municipal corporation located in Harris and Chambers
Counties, ("City") and the Baytown Professional Fire Fighters Union Local 1173
("Union").
WITNESSETH:
WHEREAS, the Union, in conformity with Article XXX, Reopener of the
Collective Bargaining Agreement of 2005-2007 ("Agreement"), invoked its privilege of
reopening the Agreement under Article XXII, Compensation, Section 1 and 2 for the
purpose of negotiation of wages for Year 2; and
WHEREAS, the Union and the City, in negotiating the wages for Year 2, have
mutually agreed to establish the method by which the wages for Year 3 will be
established.
WHEREAS, the Union and the City additionally mutually agreed to reopen
Article VII "Promotions"; and
WHEREAS, the Union filed a lawsuit styled Baytown Professional Fire Fighters
Association vs. City of Baytown, Texas, under Cause No. 2005-71603 in the 189th Judicial
District Court of Harris County, Texas, requesting the court to establish wages for Year 2
of the Agreement; and
WHEREAS, the City opposes the right of the Union to file the lawsuit;
NOW THEREFORE, in consideration of the mutual covenants, agreement and
benefits to both parties, the City and Union agree to amend the Collective Bargaining
Agreement of 2005-2007 and compromise and settle any and all claims or controversies
by and between the Parties as follows:
Amendment to Collective Bargaining Agreement of 2005-2007,Page 1
Section 1. Dismissal of Lawsuit
The Union shall dismiss with prejudice the following styled and numbered
lawsuit: Baytown Professional Fire Fighters Association vs. City of Baytown, Texas, filed
under Cause No. 2005 -71603 in the 189" Judicial District Court of Harris County, Texas.
Each party shall be responsible for its own attorney's fees and costs incurred in the
prosecution or defense of the lawsuit. The Union shall file the dismissal with the 189'
District Court within three (3) business days of the signing of this Amendment.
Section 2. Article VII; Promotions.
The City and the Union mutually agree to amend Article VII, Promotions, as fully
set forth'in Exhibit "A" which is attached hereto and made a part hereof for all purposes.
Section 3. Article XXII Compensation
The City and the Union agree to amend Article XXII, Compensation, as fully set
forth in Exhibit "B," including Appendices for 2005, 2006, 2006 Amended and 2007
Amended A', and 2007 Amended B2 which is attached hereto and made a part hereof for
all purposes.
Section 4. Essence
Time is expressly declared to be of the essence in regard to the Agreement.
Section 5. Jurisdiction
The Agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created hereunder are performable in
Harris County, Texas.
Section 6. Validijy
In case any one or more of the provisions contained in the Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
1 2007 Amended A includes the vear three tier reductions effective 10 -1 -06 and the 3.6% raise effective on
the date of ratification.
2 2007 Amended B includes the year three tier reductions and the 3.6 % raise effective on the dale of
ratification plus the 2.5% minimum increase effective 1 -1 -07.
Amendment to Collective Bargaining Agreement of 2005-2007, Page 2
illegality or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
Section 7. Waiver
Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default
or failure of performance shall not be considered a waiver of the right to insist on kid to
enforce, by an appropriate remedy, strict compliance with any other obligation hereunder
or to exercise any right or remedy occurring as a result of any future default or failure of
performance.
a
Section 8. Ambiguity
In the event of any ambiguity in any of the terms of this contract, it shall not be
construed for or against any party hereto on the basis that such party did or did not author
the same.
Section 9. Sole Agreement
The provisions of this Amendment and the provisions of the Agreement should be
read together and construed as one agreement, provided that, in the event of any conflict
or inconsistency between the provisions of this Amendment and the provisions of the
Agreement, the provisions of this Amendment shall control.
Section 10. Amendments
No amendment, modification or' alteration of the terms hereof shall be binding
unless the same be in writing, dated subsequent to the date hereof and duly executed by
the parties hereto.
Section 11. Beadings
The headings as to contents or particular articles or sections herein are inserted
40 only for convenience, and they are in no way to be construed as a part of this Amendment
or as a limitation on the scope of the particular sections to which they refer.
Amendment to Collective Bargaining Affeement of 2005 -2007, Page 3
Section 12. Authority
Each party has the full power and authority to enter into and perform this
Amendment, and the person signing this Amendment on behalf of each party has been
properly authorized and empowered to enter into this Amendment. The persons
executing this Amendment hereby represent that they have authorization to sign on behalf
of their respective corporations and/or business entities.
Section 13. Binding Effect
The parties acknowledge that they have read, understand and intend to be bound
by the terms and conditions of this Amendment.
Section 14. Multiple Execution
It is understood and agreed that this Amendment may be executed in a number of
identical counterparts each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the undersigned City and the Union hereto execute
this Amendment on this C day of \\(\nV , 2006.
CITY OF BAYTOWN, TEXAS BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION
CALVIN MUNDINGER, Mayor MARK MEDRANO, President
ATTEST: ATTEST:
LORRI CO Y, City Clerk Secretary
\\Cobstvl\Legal\Ignacio Ramirez\FIRE\City Proposal\Amendment Agreement FINAL 02-23-2006.doc
Amendment to Collective Bargaining Agreement of 2005-2007,Page 4
ARTICLE VII
PROMOTIONS
Section 1. Method of Promotions — Assistant Chiefs
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
Seniority points for promotional purposes shall begin to accrue on the.employee's
date of hire.
Section 3. Eligibility for Equipment Operator Promotion
Firefighters shall be eligible to take a promotional examination for the position of
Equipment Operator, provided the firefighter has, immediately prior to the date of the
examination, for at least three (3) years, continuously been employed as a fire department
cadet, trainee or firefighter by the City of Baytown Fire Department.
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.
11Cobsrv1\Lega1Ugnacio RamirezlflRE%City ProposaRPromotion Amendment With Cadet Trainee FF 02- 20- 2006.doc
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•
ARTICLE XXII
COMPENSATION
Section 1. Base Compensation
A. Employees covered by this Agreement in Year 2005 were paid
compensation in accordance with the chart in Appendix 2005, for Agreement Year 2005
(Date of signing 2005, to September 30, 2005), which is incorporated, into this
Agreement.
B. Employees covered by this Agreement on October 1, 2005, to the date of
signing of this Agreement by the City, were paid for this period compensation in
accordance with the chart in Appendix 2006, which is incorporated into this Agreement.
C. Employees covered by this Agreement shall be paid compensation in
accordance with the chart in Appendix 2006 Amended, from the date of execution by
both parties of the Amendment to September 30, 2006, which is incorporated into this
Agreement.
D. Employees covered by this Agreement shall be paid compensation for
Agreement Year 2007, as follows:
(1) The parties shall form a joint committee for the purpose of surveying and
collecting data relating to the salaries of firefighters. The committee shall
be composed of four (4) members.
(2) The Union shall select two (2) members, and the City shall select two (2)
members for a total of four (4) members who shall all act and serve as the
sole and exclusive members of the committee.
(3) The committee shall survey and collect annual salary data for firefighters
from the following cities:
a. Houston
b. Texas City
C. Beaumont
d. Port Arthur
e. Woodlands, and
f Galveston
(4) The salary data collected shall be analyzed utilizing the annual salaries
of firefighters and aged to October 1, 2006, if applicable.
(5) The members of the committee shall not make any final decisions in
relationship to salary of employees. The data shall be provided to both
collective bargaining teams for use in the determination of salary
increases if any.
1
Its
Section 2. Certificate Pa
A. Education. Employees with the following certifications shall be paid
based upon the applicable Agreement Year as defined in Section 1 hereof the following
monthly certificate pay:
Agreement Year
2005
(6)
In the event the market analysis shows that annual salaries of the
Intermediate
employees covered by this Agreement are below the average market
$75
value of the cities surveyed, then the employees shall. receive an
Advanced
increase in salary equal to one hundred percent (100 %) of the average
$125
market of salaries of firefighters in the surveyed cities subject to the
Master
stipulations as found in (7) and (8) of this paragraph.
(7)
Employees covered by this Agreement shall receive the same percent -
to- market increase- as is provided to all other City employees. For
example if the City grants employees a raise to get them within 3% of
market, then employees covered by this agreement would receive an
across the board raise equivalent to the dollar amount necessary to
fund the cost of bringing them to within 3% of market. If a merit raise
is budgeted for all other non -civil service City employees then they
would be considered to be at market, then the employees covered by
this agreement shall receive an increase in salary equal to one hundred
percent (100 %) of the average market of salaries of firefighters,.in the
surveyed cities subject to the stipulations as found in (7) and (8) of this
paragraph. Any such increases shall be across - the - board, based on
their own independent market.
(8)
Appendix 2007 Amended A which includes the year three tier
reductions and the 3.6% pay increase given in year two of the
Agreement will be effective 10 -1 -2006.
(9)
Appendix 2007 Amended B which includes tier reductions given in
year three of the Agreement, the 3.6% pay increase given in year two
of the Agreement, and the minimum 2.5% pay increase to be given
effective 1 -1 -2007.
Section 2. Certificate Pa
A. Education. Employees with the following certifications shall be paid
based upon the applicable Agreement Year as defined in Section 1 hereof the following
monthly certificate pay:
Agreement Year
2005
2006
2007
Intermediate
$60
$75
$75
Advanced
$120
$125
$125
Master
$180
$180
$180
Employees may receive only one of the above certificate pay per month.
B. Hazmat Duty (Payment contingent upon initiation and continued
operation of the grant funded Regional Hazmat vehicle):
7
1. Hazmat/Tech level team members assigned to Station Four certified by the
State of Texas and the Battalion Chief certified by the State of Texas -Shift
Commander.
Agreement Year
2005
2006
2007
Hazmat Pay
$100
$100
$100
2. Hazmat/Tech level non -team members certified by the State of Texas.
Agreement Year
2005
2006
2007
Hazmat Pay
$50
$50
$50
The Hazmat certificate pay is not cumulative, i.e., the employee may receive only
one Hazmat certificate pay per month.
Section 3. Longevity
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 4. Ratification Incentive Pa
Since the Union ratified and fully executed the Agreement prior to February 10,
2005, employees covered by this Agreement were paid a one -time ratification incentive
pay equal to four percent (4 %) of their base compensation paid by the City for services
performed for the period commencing January 1, 2005, and ending February 15, 2005.
The ratification incentive pay was included in the paychecks issued by the City on March
5, 2005.
Employees covered by this Agreement shall be paid a one -time ratification
incentive payment, equal to three and six tenth percent (3.6 %) of their base
compensation, for services performed for the period commencing January 1, 2006, and
ending on the date of ratification by the City. if ratification incentive pay is due to the
employees, such pay shall be included in their first paychecks issued after 20 days
following ratification of this Amendment by both parties.
Section 5. Preemption
To the extent that any provision of this Article or Appendixes 2005, 2006, 2006
Amended 2007 Amended A or 2007 Amended B conflict with or change Sections
® 143.038(b) or 143.041(b) of the Texas Local Government Code or any other applicable
3
statute, executive order, local ordinance or rule, this Agreement shall supersede such
provisions, as authorized by Chapter 174 of the Texas Local Government Code.
11Cobsrvl\,cgalllgaacio RamirezltlRE`City ProposallCompensation Amendment Article XMI -- Final - 02- 20 -06.doc
El
01
0
•
v
FY 05 Fire Salry Schedule
Effective February 16, 2005
After completion of prbationary period, Fire Fighter will move to Tier 1.
I
Thereafter, Fire Fighter will move to next tier on their anniversary of completion of probation.
* Cadet
* Academy Tr
" Probationary
Fire Fighter
Equipment Operator
Lieutenant
Battalion Chief
Assistant Chief
Yr
Yrs
'04 annual
base
Annual
Salary
1
0 -6 mos
31,426
32,683
33,087
34,410
33,087
34,410
3
8+
1
56,197
34,706
36,094
2
35,760
37,190
3
36,827
38,300
4
37,881
39,396
5
38,935
40,493
6
39,671
41,258
7
40,394
42,010
8
41,130
42,775
9
41,853
43,527
10
1
42,588
44,292
11
42,907
44,623
12
43,238
44,968
13
1 43,569
45,312
FY 04
Tier
Yrs
nnual
nnua
1
0 -6 mos
44,616
46,401
2
6 mos+
46,020
47,861
Tier
Yrs
Annual
Annual
1
0 -3
47,220
49,109
2
4 -7
51,624
53,689
3
8+
54,036
56,197
Tier
Yrs
Annual
Annual
1
0 -3
54,660
56,846
2
4 -7
58,692
61,040
3
8+
61,572
64,035
Tier
Yrs
Annual
Annual
1
0 -3
62,208
64,696
2
4 -7
66,180
68,827
3
8+
74,148
77,114
` Not covered by Collective Bargaining Agreement
"Longevity shall be computed at $4 per month per year of service, up to a maximum of $100.
Annual salary does not include longevity or seniority pay and nothing in the annual salary column shall move with the employee when
he /she steps up pursuant to 143.038(b).
Fire Salary
Effective January 1, 2006
Auer completion of prbationary period. Fire Fightor will move to Tier 1.
Thereafter, Fire Fighter will move to next tier on thOlr anniversary of completion of probation_
} Cadet
* Academy Tr
* Probationary
Fire Fighter
Equipment Operator
Lieutenant
Battalion Chief
Assistant Chief
Yr
Yrs
Annual
Salary
1
0.6 mo
33,337
35.098
35,098
47,861
1
4+
36,094
2
37.190
3
38,300
4
39,396
5
40.493
6
41,258
7
42,010
8
42,775
9
1
43,527
10
44,292
11
12
A45,31
13
Tier
Yrs
Annual
1
0.6 mo
46,401
2
6 mos*
47,861
Tier
Yrs
Annual
1
0 -1
49.109
2
2 -3
53.689
3
4+
56.197
Tier
Yrs
Annual
1
0 -1
56,846
2
2 -3
61,040
3
4+
64,035
Tier
Yrs
Annual
0 -1
64.696
2
2 -3
68.827
3
4+
77,114
1Clude$ 2,'9 atb approved by CC efG- ctive,I /1/06
1cludes ?111. am approved by CC effective 1!1!06
lcludes 2, alb approved by CC effective 111106
I
® ' Not covered by Collective Bargaining Agreement
"Lonp[vity shall be computed at 54 per month per year of service, up to a maximum of $100.
Annual salary ones not include longevity or seniority pay and nothing in the annual salary column shall move with the employee when
heisne steps np pursuant to 143.038(b)-
0
• Cadet
• Academy Tr
• Probationary
Appendix 2006 - Amended
March 2006
Yr
Yrs
06 Annual
Salary
2
33,337
35,098
35,098
After completion of prbationary period. Fire Fighter will move to Tio, i.
Therearter, Fire Fighter will move to next lie on thgir anrVvurSn: y of a m lesion a{ baticvm.
Fire Fighter
1 37,393
Equipment Operator
Lieutenant
Battalion Chief
Assistant Chief
Tier
Yrs
06 Annual
2
Yrs
38,529
3
0-6 mos
39,578
4
6 mos+
40,814
5
41,950
6
42,743
7
43,522
8
44,315
9
45,094
10
45,1387
11
1 46,230
12
46,587
13
46,943
Tier
Yrs
06 Annual
Tier
Yrs
Sala
1
0-6 mos
48,071
2
6 mos+
49.584
Tier
Yrs
06Annual
Salary
1
0 -1
50,877
2
2 -3
55,622
3
4+
58,221
Tier
Yrs
06 Annual
Salary
1
0 -1
58,893
2
2 -3
63,237
3
4+ j
66,340
Tier
Yrs
06 Annual
Salary
1
0 -1
67,025
2
2 -3
71,305
3
4+
79,890
ndudes 2 % nth approved by CC effective 11-.106
ncludes 2 %. Jtb aporovod by CC etleCtive :.11/06
ncludua 251n stb Approvoll by GC effective 111106
' t;ol covered by Collective Bargaining Agreement
"Longevity shat) be computed at $4 per month per year of service, up to a maximum of $100.
Annual salary does not i�chude longevity of seciorihr pay and nothing i;i the annual salary column
shall move with the employer when helshe steps lip purb'ulnl to 143.036(b).
F-1
LJ
• Cadet
• Academy Tr
• Probationary
Appendix 2007 - Amended A
October 2006
Yr
j
07 Annual
Salary
2
33,337
35,098
35,098
Aker co;nVlet:on of C rba.ionar_ pariod. Fire Fighler will nl& to Ier i
Thsrcatlrr, Fire Fighter „ilt UVOYe to next t
Fire Fighter
Equipment Operator
Lieutenant
Battalion Chief
Assistant Chief
Urr on th it ]nni •e
�+ n cnmecpuan
w ruaanon. il
37,393
2
0 -6 moSF
38,529
3
6 Moo+
39,678
4
2+
40,814
5
41,950
6
42,743
7
43,522
8
44,315
9
45,094
10
45,887
11
46,230
12
46,587
13
46,943
Tier
Yrs
07 Annual
Salary
1
0 -6 moSF
48,071
2
6 Moo+
I 49,584
Tier
Yrs
07 Annual
I Sala
1
0
50,877
2
1
55,622
3
2+
58,221
Tier
Yrs
07 Annual
Salar
1
0
58,893
2
1
63,237
3
2+
66.340
Tier
Yrs
07 Annual
Sala
1
0
G7,025
2
1 71,305
3
2+
L 79,890
® .Jot c0:•ereo by colteclivc. Bargalninp r%grEt3rnenl
''_orgevity shall be compurd at $4 per rnootlr per year of service, up to a maximum of 5100.
Annual salary does not uic3ude fonoevity or saniorihy pay and nothing in the annual salary column
snall move with the employee when helshe stops up pursuant to 143.038 (b).
ry,
r.
•
• Cadet
• Academy Tr.
• Probationary
Appendix 2007 - Amended B
Janaury 2007
Yr
Yrs
07 Annual
Salary
2
33,337
35,098
35,098
After completion of prbationary period. Fire Fighter will move to Tier 1.
The mane1, Fire Fighter wilt move to next liar on th6r anniversary of comolelion of ixubalion
Fire Fighter
Equipment Operator
Lieutenant
Battalion Chief
Assistant Chief
1
Yrs
38,328
2
0
39,493
3
1
40,670
4
1 2+
41,835
5
42,999
6
43,811
7
44,610
8
45,423
9
46,221
10
47,034
11
47,386
12
47,751
13
46,117
07 Annual
Tier Yrs I Salary
1 0 -6 mos �49,2735) 2 6 mos+
Tier
Yrs
07 Annual
Salary
1
0
52,149
2
1
57,012
3
1 2+
59,676
Tier
Yrs
07 Annual
Salary
1
0
60,365
2
1
64,818
3
2+
67,999
Tier
Yrs
F07Annual
I Salary
1
0
68,701
2
1
i 73,088
3
2+
81,887
f:ol covered by Collective Bargaining Agreement i
—Wrigevlly shall be computed at $4 per month per year of service, up to a maximum of $100.
Annual salary does not include longevity or seniority pay and nothing in the
annual salary column shall move with the employee when he /shelsteps up