Ordinance No. 10,914ORDINANCE NO. 10,914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT FOR OCTOBER 1, 2007 -SEPTEMBER 30, 2010, 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
XXXI "Reopener" of the Collective Bargaining Agreement for October 1, 2007 -September 30: 2010
("Agreement"), invoked its privilege of reopening the Agreement for Article XXIII "Compensation,"
Sections 1 and 2 for the purpose of negotiation of wages for Year 2; and
WHEREAS, additionally, in accordance with Article XXXI "Reopener" of the Agreement, the
parties mutually agreed to reopen the Agreement for Article XIX 'Time Off for Association Business";
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; NOW
THEREFORE
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 for October 1. 2007 -September 30, 2010, 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 pity Council of the City of
Baytown, this the 1011' day of July, 2008.
ATTyEST:
KAYTH1E DARNELL. City Clerk
APPROVED AS TO FORM:
STEPHEN H, DONCARLOS, fyfayor
AC1O RAMIREZ, SR., COty Attorney
R:\Karen\Files\CiiyCauncil\OrdinancesU008UiiIy
AMENDMENT TO
COLLECTIVE BARGAINING AGREEMENT
FOR OCTOBER 1,2007—SEPTEMBER 30,2010
This Amendment to the Collective Bargaining Agreement for October 1, 2007— September
30, 2010 is signed and agreed upon on this the /0 tie.day of July, 2008, by and between the
City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties,
Texas (the "City") and the International Association of Firefighters Local 1173 (the"Union").
WITNESSETH:
WHEREAS, the Union, in conformity with Article XXXI "Reopener" of the Collective
Bargaining Agreement for October 1, 2007 — September 30, 2010 ("Agreement"), invoked its
privilege of reopening the Agreement for Article XXIII "Compensation," Sections 1 and 2, for
the purpose of negotiation of wages for Year 2; and
WHEREAS, additionally, in accordance with Article XXXI "Reopener" of the
Agreement, the parties mutually agreed to reopen the Agreement for Article XIX "Time Off for
Association Business"; 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;
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 for
October 1, 2007— September 30, 2010, as follows:
1. Amendments.
1.01 Article XIX "Time Off for Association Business" of the Agreement is hereby
amended to read as set forth in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes:
1.02 Article XXIII "Compensation" of the Agreement is hereby amended to read as set
forth in Exhibit "B," which is attached hereto and incorporated herein for all
intents and purposes:
2. Essence. Time is expressly declared to be of the essence in regard to the Agreement.
3. 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.
Amendment to Collective Bargaining Agreement,Page 1
4. Validity. 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,
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.
5. 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 and 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.
6. 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.
7. 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.
8. 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.
9. Headings. The headings as to contents or particular articles or sections herein are
inserted 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.
10. 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.
11. Binding Effect. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this Amendment.
12. 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 WHC--7REOF, th un ersigned City and the Union hereto execute this
Amendment on this A5 y of ,, , 2008.
Amendment to Collective Bargaining Agreement,Page 2
1
CITY OF T , TEXAS INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173
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GARRISON C. MBACK, City Manager MARK MEDRANO, President
ATTEST: ATTEST:
HIE DA ELL, City Clerk . vi¢ Rce
ONALD ROBERTS, Secretary
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Amendment to Collective Bargaining Agreement,Page 3
EXHBIIT "A"
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 every six (6) months 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 who 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.
Exhibit "A." Page 1
C. Subsequent Pool Funding. Commencing the month after the pay period following Council
approval of this Agreement, City shall deduct every six months (i) six (6) hours of accrued
vacation leave from each member of the Union assigned to shift work and (ii) three (3) hours
of accrued vacation leave from each member of the Union 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 three
(3) hours of accrued vacation leave at the time as specified in this Subsection C, shall
contribute to the Pool:
> all of their accrued vacation leave on the first pay period of the month following the
last six (6) month accrual period, and
> the remaining portion of accrued vacation leave every six months of the City's fiscal
year until such Union member has contributed the requisite amount enumerated in
this Section.
In the event that the total hours in the pool reach 1,800 hours, the City shall cease deducting the
amounts of accrued vacation leave as specified in Subsection C from those members of the Union,
who are not in arrears in their contributions to the fund. The City shall continue deducting the
amounts specified in subsection C from each member of the Union who is in arrears at the time the
pool reaches 1800 hours, until such member is no longer in arrears. Once the total number of hours
in the pool is drawn down to 1000 hours, the City shall commence deducting the amounts of
accrued vacation leave specified in Subsection C at which time the deduction shall resume again.
Suspensions of deductions shall continue in this manner throughout the term of this Agreement.
Any member may contribute additional vacation time to the Pool so long as the total number of
hours in the pool does not exceed 1,800 hours.
In the event that this contract expires and this Article is not included in the immediately
subsequent collective bargaining agreement, the City shall disburse the hours remaining in the Pool
at the expiration of this Agreement among the remaining members of the Union equally per capita
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
Exhibit "A." Page 2
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 one and one half hours for each hour for each hour the individual
incurring the overtime works.
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 person whose name is not on the written list
provided by the Union pursuant to this Section.
Exhibit "A," Page 3
Exhibit "B"
ARTICLE XXIII
COMPENSATION
Section 1. Base Compensation
Employees covered by this Agreement shall be paid compensation in accordance with the
chart in Appendix 2008, for Agreement Year 2008 (January 1, 2009, to September 30, 2010)
which is incorporated into this Agreement, unless another appendix is agreed to by the parties
pursuant to Article XXXI Reopeners.
In the event the Union reopens the agreement, employees covered by this Agreement
shall be paid compensation for Agreement Year 2009 (January 1, 2009, to September 30, 2010)
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
Texas cities with a population of 60,000 to 125,000 that have civil service fire
departments.
(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 1,2009, 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 of employees.
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.
Exhibit "B." Page 1
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 State of Texas and the
Battalion Chief Certified by State of Texas-Shift Commander.
Hazmat/Tech level non-team member certified by State of Texas:
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
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 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.
Exhibit "B." Page 2
Appendix 2008
for Agreement Year 2008
Appendix 2008. Page Solo