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Ordinance No. 10,689ORDINANCE NO. 10,689 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23rd day of August, 2007. ATT APPROVED AS TO FO BRANDON CAPETILLO, Mayor Pro Tern ACIO RAMIREZ; SR., Citygftorney R:\Karen\Filcs\CityCouncil\Onlinanccs\2007\August23\CollcctiveBargainingAgrecnteÕ‡ Exhibit "A" COLLECTIVE BARGAINING AGREEMENT between THE CITY OF BAYTOWN, TEXAS and THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173 OCTOBER 1,2007 -SEPTEMBER 30,2010 City Proposal CBA 2007-2010 TABLE OF CONTENTS City Proposal CBA 2007-2010 City Proposal CBA 2007-2010 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. City Proposal CBA 2007-2010 ARTICLE H 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. Official Final Copy 08/02/07 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 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. Official Final Copy 08/02/07 (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. 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. Official Final Copy 08/02/07 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, 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. 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. Official Final Copy 08/02/07 ARTICLE V 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. 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. Official Final Copy 08/02/07 ARTICLE VI PROBATIONARY PERIOD Section 1. Initial Probationary Period Any person employed as a probationary firefighter after October 1, 2001, 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. 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. Official Final Copy 08/02/07 ARTICLE VII 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 with the Fire Department. 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. Official Final Copy 08/02/07 ARTICLE Vffl 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. The Fire Chief has the sole discretion to set hours of operation for the department employees working a 40 hour week. Section 2. Administrative Employees Union members within the ranks specified below and 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 monthly assignment pay as follows: Lieutenants $300 Battalion Chiefs $300 Assistant Chiefs $100 Forty (40) hours a week employees will no longer be included on the Overtime List established in accordance with Article IX to fulfill daily staffing levels. 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. Official Final Copy 08/02/07 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, vacation days, Kelly days, holidays, and all other leaves, except for Workers' compensation leave, shall not be counted as time worked for purposes of computing eligibility for overtime. Section 2. Overtime List The Fire Chief or his/her designee shall create overtime lists for each shift and classification, with the exception of the rank of Assistant Chief. Namely, the following overtime lists shall be created: 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 3. Call ins When staffing falls below minimum levels, as determined exclusively by the Fire Chief and/or his/her designee, and employees are required to be on duty or in cases of fire and/or medical emergencies, the Fire Chief or his/her designee may call in off-duty employees to work in accordance with this section or Section 6. Firefighters will be called back in numerical order from the first position on an overtime list to the last position on such list from the rank creating overtime starting with the off-going shift. If no one in the appropriate rank on the off-going shift accepts the call back to duty, persons from the list of the appropriate rank from the shift on duty prior to the off-going shift shall be contacted in numerical order from the first person on the list to the last person on the list. If no one in the appropriate rank on that shift accepts the call back to duty, persons from the list of the appropriate rank from the shift on duty but not working shall be contacted in numerical order from the first person on the list to the last person on the 10 Official Final Copy 08/02/07 list. If no one accepts overtime from the previous list, the person on duty may be required to work overtime. Held over employees forced to work on a City recognized holiday as listed in "Article XVI Holidays" shall be paid at the rate of 1 Vt times their regular rate of pay regardless of actual hours worked. Employees regularly scheduled to work, or employees who accept extra hours voluntarily, shall not be paid overtime unless otherwise entitled to it. Once an employee has been called back to duty, or has refused overtime, he/she shall be placed in die last numerical position on the overtime list; provided that if an employee, who is called back to duty, works less than 12 hours, he/she retains his/her place on the list. Personnel scheduled to be on duty and/or approved leave will not lose their place on the overtime rotation list. The City may call an employee in from another classification only after attempting to contact all eligible employees on the lists in the classification creating overtime. When employees are called in from another classification, the same method used in this section shall be used to distribute the overtime evenly. Section 4. Extra Activities Overtime List Each member requesting to be included on the extra activities overtime list shall forv/ard his/her name and contact number in writing to the Fire Chief or his/her designee. Overtime covered by Section 3 and activities that require specialized training and/or certifications to perform the job, shall be excluded from the extra activities overtime list. Members on the list shall be contacted on a rotation/revolving method when practicable as determined by the Fire Chief and/or his/her designee. The two (2) hour minimum rule (Section 5. 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 overtime rotation list. 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. Emergencies In emergency situations, as determined by the sole discretion of the Fire Chief or his/her designee, the City may forego the above procedures. 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 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. 11 City Proposal CBA 2007-2010 ARTICLE X SHIFT EXCHANGES AND EMPLOYEE SUBSTITUTIONS Section 1. Trading 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 111 or Injured 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. Sections. 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 City Proposal CBA 2007-2010 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 (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 die 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 Drue 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 (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 XXIV of this Agreement. 13 City Proposal CBA 2007-2010 ARTICLE XII 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) 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, officials, or Board members of the Baytown Fire Control, Prevention, and Emergency Medical Services District 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 City Proposal CBA 2007-2010 ARTICLE XIII PERSONNEL REDUCTION Section 1. Method of Reduction-in-Forcc 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 of the City's intent to hire. The laid-off firefighter 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 firefighter. 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 City Proposal CBA 2007-2010 ARTICLE XIV DUTIES Employees covered by this Agreement shall not be required to perform the following duties: 1. electrical work; 2. carpentry; 3. cleaning City buildings other than Fire Department facilities, and 4. setting up or cleaning up for City picnics or 4th of July festivities. 16 City Proposal CBA 2007-2010 ARTICLE XV 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. 17 City Proposal CBA 2007-2010 ARTICLE XVI HOLIDAYS Section 1. Designated Holidays The following holidays shall be observed: 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 The maximum holiday accrual an employee may maintain is equal to, but not greater than, two times (2x) the annual amount. All holidays in excess of two times (2x) the annual amount will be paid. 18 City Proposal CBA 2007-2010 ARTICLE XVn 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. 19 City Proposal CBA 2007-2010 ARTICLE XVm 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. 20 City Proposal CBA 2007-2010 ARTICLE XIX TIME OFF FOR ASSOCIATION BUSINESS Section 1. Union Business Pool A. Establishment of Union Business Pool. The City shall establish a Union Business Pool (the "Pool"), to which the members of the Union shall contribute as agreed to herein. The Pool, 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. Initial Pool Funding 1. Current Union Members. On the first pay period following Council approval of this Agreement, the City shall deduct the following amounts of accrued vacation leave from each member of the Union to fund the Pool: > four (4) hours of accrued vacation leave time from Union members who work forty (40) hours a week and > six (6) hours of accrued vacation leave time from Union members who work twenty-four (24) hour shifts. Those Union members, who do not have the above-referenced amounts of accrued vacation leave on the first pay period following Council approval of this Agreement, shall contribute: > all of their accrued vacation leave on the first pay period following Council approval of this Agreement, and > the remaining hours of accrued vacation leave each quarter of the City's fiscal year until such Union member has contributed the requisite amount enumerated in this subsection. 2. Future Union Members. Members of the Union that join the Union after the first pay period following Council approval of this Agreement, shall contribute to the Pool in the same manner as those that were members of the Union on the first pay period following Council approval of this Agreement, but who did not have the requisite number of accrued vacation leave on the first pay period following Council approval of this Agreement. C. Subsequent Pool Funding. Commencing the month after the pay period following Council approval of this Agreement, City shall deduct monthly (i) one (1) hour of accrued vacation leave from each member of the Union assigned to shift work and (ii) one-half (1/2) hour of accrued vacation leave from each member of the Union 21 City Proposal CBA 2007-2010 assigned to 40-hour work weeks to maintain the Pool. Such deduction shall be made each month from the first pay period, whether partial or complete, of the month. Those Union members, who do not have one-half ('/i) hour of accrued vacation leave at the time as specified in this Section C, shall contribute to the Pool: > all of their accrued vacation leave on the first pay period of the month, and > the remaining portion of accrued vacation leave each quarter of the City's fiscal year until such Union member has contributed the requisite amount enumerated in this Section. 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/Use 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 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 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 sole discretion of the Fire Chief or his/her designee, 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. Time Worked. When a member of the Union uses the Pool, the leave shall be paid at straight time and shall not be considered time worked for purposes of calculating overtime. D. 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. No use of the Pool may be granted to a person, whose name is not on the written list provided by the Union pursuant to this Section, or to a designee of a 22 City Proposal CBA 2007-2010 person whose name is not on the written list provided by the Union pursuant to this section. 23 City Proposal CBA 2007-2010 ARTICLE XX 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. 24 City Proposal CBA 2007-2010 ARTICLE XXI 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. 25 City Proposal CBA 2007-2010 ARTICLE XXII 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: 1 long sleeve dress blue shirt 1 black tie 1 black duty belt 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. 26 City Proposal CBA 2007-2010 ARTICLE XXIII COMPENSATION Section 1. Base Compensation Employees covered by this Agreement shall be paid compensation in accordance with the chart in Appendix 2007, for Agreement Year 2007 (January 1, 2008, to September 30, 2010) which is incorporated into this Agreement, unless another appendix is agreed to by the parties pursuant to Article XXXI Reopeners. If the agreement is reopened by the Union, then compensation shall be determined 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 Civil Service cities in Texas with a population from 60,000 to 125,000. (4) The salary data collected shall be analyzed utilizing the annual salaries of firefighters and collected on or before June 1 of that contract year and aged to October 1, of the applicable year, as needed. (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 of employees. 27 City Proposal CBA 2007-2010 Section 2. Certificate Pay 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 2007 2008 2009 Intermediate $75 $75 $75 Advanced $125 $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): Hazmat/Tech level team members assigned to Station Four certified by the State of Texas and the Battalion Chief Certified by State of Texas-Shift Commander Agreement year 2007 2008 2009 $100 $100 $100 Hazmat/Tech level non-team member certified by State of Texas Agreement year 2007 2008 2009 $50 $50 $50 The Hazmat certificate pay is not cumulative, i.e., the employee may receive only one Hazmat certificate pay per month. C. Bilingual Pay Emergency response personnel who speak Spanish and pass the City's language proficiency test will be eligible for bilingual pay. In order to maintain the bilingual pay, employees will be required every three years to recertify by taking the language proficiency test. 28 City Proposal CBA 2007-2010 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 Preemption To the extent that any provision of this Article or Appendixes 2007,2008, or 2009 conflict with or changes Chapter 141 or Section 143.038(t>) or 143.041(b) 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 City Proposal CBA 2007-2010 ARTICLE XXIV DISCIPLINARY ACTION Disciplinary action(s) will be consistent with Chapter 143 of the Texas Local Government Code, the City 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. 30 City Proposal CBA 2007-2010 ARTICLE XXV 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 XXIV. 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 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. After receipt of the grievance the Fire Chief or his/her designee shall within twenty-one (21) days submit his response in writing to the Union Grievance Committee. 31 City Proposal CBA 2007-2010 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 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 S: 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 (S) 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 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 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 32 City Proposal CBA 2007-2010 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). 33 City Proposal CBA 2007-2010 ARTICLE XXVI 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. 34 City Proposal CBA 2007-2010 ARTICLE XXVn 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. Sections. 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 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. 35 City Proposal CBA 2007-2010 Section 8. 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 9. 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 shall 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 shall meet quarterly, or at the call of either the Union President or the City representative at times mutually agreeable to both parties. 36 City Proposal CBA 2007-2010 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 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. 37 City Proposal CBA 2007-2010 ARTICLE XXIX SCOPE OF AGREEMENT Section 1. 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 mutual agreement to negotiate additional contractual provisions, the Union Executive Board shall have the right to execute such agreement without submission of the agreement to the Union's membership for acceptance of the agreement. The Union Executive Board shall thereby have the right to contractually obligate and bind the Union's membership to the terms of the agreement. 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. Section 2. Preemption To the extent that any provision of this Article or Appendixes 2007,2008, or 2009 conflict with or changes Chapter 141 or Section 143.038(b) or 143.041(b) 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. 38 City Proposal CBA 2007-2010 ARTICLE XXX DURATION This Agreement shall be effective from October 1 1, 2007, and will expire at midnight on September 30,2010. 39 City Proposal CBA 2007-2010 ARTICLE XXXI REOPENERS Section 1. Wage and Certification Pay Reopencrs. The Union may reopen this Agreement for the sole purpose of negotiation of wages and certification pay for Year 2 and Year 3 of this Agreement. Such years shall commence and end as follows: Year 2 -October 1, 2008 through September 30,2009 Year 3 -October 1, 2009 through September 30,2010 If the Union desires to reopen this Agreement, it shall notify the employer in writing. Such notice shall include a detailed list of the modifications or changes desired and supporting documentation and must be received by the City prior to the following dates: Year 2 -One hundred twenty (120) days prior to September 30,2008 Year 3 -One hundred twenty (120) days prior to September 30, 2009 Upon receipt of such written notice by the Employer, negotiations will commence. Except as provided below nothing herein shall be construed to allow reopen any other provision of mis Agreement. This section only authorizes the Union to reopen only Article XXIII Sections 1 and 2 concerning wages and certification pay for the years hereinabove stated. Should the Union notify the City of its intent to reopen Article XXII Section 1 or 2, then the City may designate one article of this Agreement to reopen. Section 2. Status Once Contract is Reopened. If the Contract is reopened pursuant to Section 1 hereinabove, it is expressly understood and agreed that until a new agreement concerning the opened articles is reached the opened articles as specified in the Agreement will be in full force and effect and will be binding upon the parties hereto. 40 City Proposal CBA 2007-2010 w IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed on this the 22 day of , 2007 by the Union and the 22 day of c-, 2007 by the City. CITY OF BAYTOWN BAYTOWN FIREFIGHTERS' ASSOCIATION By: By: TM 1,/frivt^,,,ti--,g ITY MANAG R PRESIDENT AND AUTHORIZED REPRESENTATIVE A lg. By: - CITY S LERK APPROVED AS TO FORM: By: ACIO RAMIREZ, S ATTORNEY FOR CITY OF BAYTOWN 41 City Proposal CBA 2007-2010 APPENDIX 2007-2010 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. Fire Fighter Equipment Operator Lieutenant Battalion Chief City Proposal CBA 2007-2010 Assistant Chief 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). City Proposal CBA 2007-2010