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Ordinance No. 11,409 ORDINANCE NO. 11,409
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.
, ,********************x***!***4,*****.*****m********.FAQ*************'K#************.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section I: 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 o e City Council of the City of
Baytown this the 12th day of August,2010.
,`JOB +� STE ONCARLOS,Mayo
.-ITT-..
. 1 at
, ,
APPROVED AS TO FORM:
Ad.soloreVto
CIO RAMIREZ,SR.,Ci ttorney
R KareaTiles\City Council Ordinances 2010\August I2tCollectiveaxgaraingAgreemem2010.doe
Exhibit "A"
COLLECTIVE BARGAINING AGREEMENT
between
THE CITY OF BAYTOWN. TEXAS
and
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1173
OCTOBER 1, 2010 — SEPTEMBER 30, 2014
City Proposed Collective Bargaining Agreement 2010 -2014
TABLE OF CONTENTS
ARTICLE NO.
DESCRIPTION PAGE
NO.
1
Preamble
I
2
Recognition
2
3
Management Rights
3
4
No Strike Clause
5
5
Non - Discrimination
6
6
Probationary Period
7
7
Promotions
8
8
Hours of Work
9
9
Overtime
10
10
Shift Exchanges and Employee Substitutions
13
11
Drug and Alcohol Testing
14
12
Political Activity
15
13
Personnel Reduction
16
14
Duties
17
15
Vacation
18
16
Holidays
19
17
Sick Leave
21
18
Leave of Absence
22
19
Time Off For Association Business
23
20
Insurance Benefits
26
ARTICLE NO.
DESCRIPTION
PAGE NO.
21
Retirement
27
22
Uniforms
28
23
Compensation
29
24
Disciplinary Action
31
25
Grievance Procedure
32
26
Applicability of City's Rules and Policies
35
27
Miscellaneous Provisions
36
28
Savings Clause
38
29
Scope of Agreement
39
30
Duration
40
31
Reopeners
41
Appendix —Years I - 4
ARTICLE 1
PREAMBLE
Section 1.
This Agreement between the City of Baytown. Texas, hereinafter referred to as
the "Employer" or the "City," and the Baytown Professional Firefighters Association,
Local 1173. hereinafter referred to as the "employees" or the "Union." is entered into in
order to meet the statutory mandate of Chapter 174 of the Texas Local Government
Code.
Section 2.
It is the intent and purpose of this Agreement, entered into by the City of
Baytown. Texas, and the Union to achieve and maintain harmonious relations between
the parties and to engage in good faith collective bargaining pursuant to Chapter 174 of
the Texas Local Government Code. This Agreement has been reached through the
collective bargaining process with the objective of fostering effective cooperation
between the City and its firefighters.
City Proposed Collective Bargaining Agreement 2010 -2014 Page
ARTICLE 2
RECOGNITION
The City of Baytown recognizes the Baytown Professional Firefighters
Association, Local 1173 International Association of Firelighters, 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 2
ARTICLE 3
NIANAGENIENT 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.
City Proposed Collective Bargaining Agreement 2010-2014 Page 3
(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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 4
ARTICLE 4
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 I 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. Discinline
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 5
ARTICLE
NON- DISCRUNIINATION
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.
City Proposed Collective Bargaining Agreement 2010-2014 Page 6
ARTICLE 6
PROBATIONARY PERIOD
Section 1. Initial Probationary Period
Any person employed as a probationary firefighter after October I. 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 7
ARTICLE 7
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. Senioritv
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 I ire 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.
City Proposed Collective Bargaining Agreement 2010 -2011 Page 8
ARTICLE 8
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
BattalionChiefs ............... ............................... ...........................$300
Assistant Chiefs ............... ............................... ...........................$100
Forty (40) hours a week employees will no longer be included on the Overtime
List established in accordance with Article 9 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 9
ARTICLE 9
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:
I.
A Shift, Firefighter
2.
A Shift, Equipment Operator
3.
A Shift. Lieutenant
4.
A Shift, Battalion Chief
5.
B Shift. Firefighter
6.
B Shift, Equipment Operator
7.
B Shift, Lieutenant
8.
B Shift, Battalion Chief
9.
C Shift, Firefighter
10.
C Shift, Equipment Operator
H.
C Shift, Lieutenant
12.
C Shift, Battalion Chief
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
City Proposed Collective Bargaining Agreement 2010 -2014 Page 10
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
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 16 Holidays" shall be paid at the rate of I %z 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 the 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
Forward 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.
Notification of an extra activity shall be sent via SMS text message, an all page,
and /or a telephone call to those on the extra activities overtime list. Besides the all page,
which will be sent to all personnel signed up through the Union website, a member may
chose to be placed on either the SMS text list or the manual call list, but not both. The
preferred notification method of members on the extra activities overtime list shall be via
SMS text message.
The officer in charge of distributing the overtime shall send an e -mail or text
message to the Union President or his/her designee regarding the need for personnel from
the extra activities overtime list, as well as the time(s). date(s), place(s), and type(s) of the
extra activity(ies). The President or his/her designee shall forward the e -mail or text
message via SMS text to all members on the SMS text list and simultaneously via an all
page to the personnel signed up through the Union website. The officer in charge of
distributing the overtime shall also attempt to call the members on the manual call list.
The officer in charge shall document responses from members interested in the extra
activity overtime during the one -hour period immediately following the initial
notification. Once the group has been established, personnel shall be assigned to the
extra activity on a rotation /revolving method. If the one -hour period is not practical
(immediate overtime) as determined by the Fire Chief or his /her designee, the first
member to respond will be utilized for the overtime.
City Proposed Collective Bargaining Agreement 2010-2014 Page 11
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 extra activities overtime list.
Section 5. Minimum Show Up Time
An off -duty employee who is called back to work pursuant to Section 3 of this
article 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 12
ARTICLE 10
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 III 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.
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 Aareement shall supersede such provisions, as
authorized by Chapter 174 of the Texas Local Government Code.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 13
ARTICLE 11
DRUG AND ALCOHOL TESTING
Section 1. Present Policv
In order to help provide a safe work environment and to protect the public by
ensuring that employees are flit to perform their assigned duties. the Employer may
continue to enforce its drug and alcohol testing policy for Public Safety employees.
Nothing in this Article shall be construed to abolish the existing authority of the City to
conduct drug tests.
In the event that the City should determine that modification of the Random Drug
Screening Policy for Emergency Response Personnel (City of Baytown Personnel Policy
Manual) is necessary, the City shall supply the Union with the proposed change(s) thirty
(30) days before the effective date. If the Union wishes to discuss the change(s), the City
and the Union shall meet and discuss in good faith, and may agree to modify the changed
policy. If agreement on modification is not reached before the effective date. then the
changed policy shall go into effect.
Section 2. Disciplinary Action for Violation of Drug and Alcohol Testing Policy
It is understood by the City and the Union that an employee who is disciplined
under the provisions of the Random 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 24
of this Agreement.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 14
ARTICLE 12
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.
City Proposed Collective Bargaining Agreement 2010-2014 Page 15
ARTICLE 13
PERSONNEL REDUCTION
Section 1. Method of Reduction -in -Force
Personnel Reduction shall be in accordance with "Texas Local Government Code
Section 143.085.
Section 2. Recall of Laid -Off Fireflehters
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 16
ARTICLE 14
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 4`h of July festivities.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 17
ARTICLE 15
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 18
ARTICLE 16
HOLIDAYS
Section 1. Designated Holidays
The following holidays shall be observed:
1.
New Years Day
2.
Good Friday
3.
Memorial Day
4.
Independence Day
5.
Labor Day
6.
Thanksgiving Day
7.
Day after Thanksgiving Day
8.
Christmas Day
9.
MLKDay
In addition. the personal floating holiday provided to City employees outside the
bargaining unit. which floating holiday was first approved by the City Council in the
Fiscal Year 2008 -09 budget. will be provided to employees covered by this Agreement so
long as it continues to be provided to City employees outside the bargaining unit. The
City may. at its sole discretion, suspend or eliminate this personal floating holiday at any
time. If this personal floating holiday is no longer provided to City employees outside
the bargaining unit. it will also no longer be provided to members of the bargaining unit.
Section 2. Agreed Contract Reopener for Holidays
In the event the City contemplates or implements a reduction in the nine holidays
specifically listed above for employees outside the bargaining unit, both parties agree to
reopen this article for the purposes of pursuing an equal holiday reduction under this
agreement. This reopener is in addition to the reopeners specified in Article 31.
Section 3. Time Off for holidays
Employees who work 24 hour shifts shall be granted time off in lieu of holidays at
the rate of one 12 -hour day per holiday. Holidays are scheduled off by rank.
Section 4. 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 5. Accumulation of Holiday Time Off
Subject to subsection (b) of this section:
I. the maximum holiday accrual an employee may maintain is equal
to, but not greater than. two times (2x) the annual amount-, and
City Proposed Collective Bargaining Agreement 2010 -201.1 Page 19
2. all holidays in excess of two times (2x) the annual amount will be
paid.
Any personal floating holiday granted pursuant to Section I of this article may not
be accrued, banked or otherwise accumulated beyond the fiscal year in which it is
given and will not be paid in lieu of time off. Personal floating holidays shall not
be considered when calculating the maximum holiday accrual or payment for
holidays in excess of such accrual.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 20
ARTICLE 17
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 provlisions.. as
authorized by Chapter 174 of the Texas Local Government Code.
i
City Proposed Collective Bargaining Agreement 2010 -2014 Page 21
ARTICLE 18
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.
I
City Proposed Collective Bargaining Agreement 2010 -2014 Page 22
ARTICLE 19
TIME OFF FOR ASSOCIATION BUSINESS
Section 1. Union Business Pool
A. Establishment of Union Buviness 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 Funcling
1. Current Union tllembers. 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 lfollowing
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 Miembem. Members of the Union that join the Union 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 in
January following Council approval of this Agreement.
C. Subsequent Pool Funding. Commencing the first pay period in January following
Council approval of this Agreement. City shall deduct annually (i) six (6) hours of
accrued vacation leave G•om each member of the Union assigned to shifrwork and
(ii) four (4) hours of accrued vacation leave from each member of the Union
assigned to 40 -hour work weeks to maintain the Pool. Such deduction shall be
made from the first pay period in each January of Years I through 4, as defined in
this Agreement. Those Union members, who do not have at least the required
City Proposed Collective Bargaining Agreement 2010 -2014 Page 23
number of hours of accrued vacation leave at the time of the first pay period in
January as specified in this Subsection C, shall contribute to the Pool:
i all of their accrued vacation leave on the first pay period in January of
each Year. 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 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 Forked. When a member of the Union uses the Pool, the leave shalllbe paid at
straight time and shall not be considered time worked for purposes of calculating
overtime.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 24
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
person whose name is not on the written list provided by the Union pursuant to this
section.
City Proposed Collective Bargaining Agreement 2010 -2011 Page 25
ARTICLE 20
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 26
ARTICLE 21
RETIRE' LENT
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 27
ARTICLE 22
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 28
ARTICLE 23
COMPENSATION
Section 1. Base Compensation
Employees covered by this Agreement shall be paid compensation in accordance
with the chart in Appendix Years 1 - 4. for Year 1 (January 1, 2011, to December 31.
2011). Year 2 (January 1. 2012. to December 31, 2012), Year 3 (January 1, 2013, to
December 31, 2013), and Year 4 (January 1, 2014, to September 30. 2014), which is
attached hereto and incorporated into this Agreement, unless the same are modified based
upon the following:
a. Across -the -Board Raise. In any calendar year of this Agreement, if the City
provides for an across - the -board raise for all employees not covered by this
Agreement, the employees covered by this Agreement shall receive the same
increase to their base wages as that received by other City employees in such
Agreement Year. The base wage as increased will become the base, wage for
subsequent Agreement Years unless modified as provided by in this section.
b. Wage Reopener. If the Agreement is reopened by the Union pursuant to Article
31, 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 January 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.
Section 2. Certificate Pav
A. Education. Employees with the following certifications shall be paid based
upon the applicable Year as defined in Section I hereof the followinG monthly certificate
pay:
Intermediate $75
Advanced $125
Master $180
Year
2
3
4
$75
$75
$75
$125
$125
$125
$180
$180
$180
City Proposed Collective Bargaining Agreement 2010 -2014 Page 29
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 or other Station
certified by the State of Texas and the Battalion Chief or Chiefs Certified by State
of Texas -Shift Commander
Year
1 2 3 4
$100 $100 $100 $100
Hazmat/Tech level non -team member certified by State of Texas
Year
1 2 3 4
$50 $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.
Year
1 2 3 4
$50 $50 $50 $50
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 Appendix Years 1 - 4 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 30
ARTICLE 24
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 31
ARTICLE 25
GRIEVANCE PROCEDURE
Section 1. Purpose
The purpose of this grievance procedure is to establish an effective method for the
fair, expeditious and orderly adjustment of grievances. A grievance is defined as any
dispute, claim, or complaint involving the interpretation, application or alleged violation
of any provisions of this Agreement, not including matters reserved to management in the
Management Rights clause in Article 3 or to disciplinary matters covered in Article 24.
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 l: 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 I
ruling. After receipt of the grievance the Fire Chief or his/her designee shall within
twenty -one (2 1 ) days submit his response in writing to the Union Grievance Committee.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 32
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.ITile 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 5: If the grievance is not resolved at Step 3 or Step 4. the Union shall have
ten (10) days from receipt of the City Manager's decision to submit the matter to
arbitration. Arbitration will be invoked by the Union Grievance Committee delivering a
letter so stating to the City Manager or his/her designee.
If the grievance is submitted to arbitration. the Employer and the Union may
within five (5) days of such request jointly appoint an agreed upon arbitrator. Upon a
failure to agree. the employee and Union shall within five (5) days request a list of seven
(7) arbitrators from the American Arbitration Association or the Federal Mediation and
Conciliation Service. Within ten (10) days following receipt of the list of arbitrators, the
parties shall either mutually agree to select one arbitrator from the list or select an
arbitrator by each party in turn striking one name from the list until only one (1) name
remains. The party requesting arbitration shall make the first strike from the list. The
remaining individual on the list shall serve as the arbitrator. The arbitrator so selected
shall, through the agency selected. be promptly notified of his selection and the parties in
Agreement with the arbitrator shall select a time, place and date for the hearing of the
grievance.
(a) No Discovery
There shall be no pre - hearing discovery permitted: except that the arbitrator may
issue subpoenas requiring the production of documents and the attendance of
witnesses at the arbitration hearing.
(b) Within thirty (30) days after conclusion of the hearing, the arbitrator shall
issue a written opinion and ruling with respect to the issues presented a copy of
which shall be mailed or delivered to the Union and the Employer.
(c) With respect to the application, interpretation and enforcement of the
provisions of this Agreement the decision of the arbitrator shall be' final and
binding on the parties to this Agreement, unless the arbitrator exceeds his
jurisdiction, or if his/her award is procured by fraud or collusion.
(d) The arbitrator's authority shall be limited to the interpretation and
application of the terms of this Agreement and /or any supplement thereto,
excluding Management Rights. as contained in Article 3. A dispute;, claim or
complaint that does not meet the definition of a grievance, as set forth in Section
1, in this Article. is not subject to any grievance procedure. The arbitrator shall
have no jurisdiction or authority to establish provisions of a new Agreement or
City Proposed Collective Bargaining Agreement 2010 -201.3 Page 33
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
writine: 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).
City Proposed Collective Bargaining Agreement 2010 -2014 Page 34
ARTICLE 26
APPLICABILITY OF CITY'S RULES AND POLICIES
Section 1. Citv 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 change s 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 35
ARTICLE 27
MISCELLANEOUS PROVISIONS
Section 1. Bulletin Boards
The City will allow space on an existing bulletin board or provide space for same
in each station for the Union. Articles placed on such board shall be limited to local.
state. or national meeting announcements. legislative reports, and safety bulletins. The
Fire Chief may require prior approval to post other types of materials. No materials
endorsing political candidates. issues. or any other matter that may be considered
degrading or derogatory to the City or any City official will be allowed on the board.
Section 2. 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 3. Union Representation
Employees covered by this Agreement shall be entitled to have a Union
representative present at a meeting with the Fire Chief concerning a written reprimand,
suspension, or any other disciplinary matter.
Section 4. 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 5. 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 6. 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 14' ).081 of the Texas Local Government Code.
Section 7. 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 36
Section 8. Labor - Management Committee
The City and the Union, having recognized that the cooperation, between
management and employees is indispensable to the accomplishment of sound and
harmonious labor relations, shall jointly maintain and support a Labor (Relations
Committee. The Labor- Management Committee may consider, discuss, and recommend
to the Chief or the City, any problems pertaining to the employment conditions of
employees. The Union shall designate its representatives. The City shall designate its
representatives. The Labor - Management Committee may meet quarterly, or at the call of
either the Union President or the City representative at times mutually agreeable to both
parties.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 37
ARTICLE 28
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. i
Section 2. Preemntion
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 1',43 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.
City Proposed Collective Bargaining Agreement 2010 -2014 1 Page 38
ARTICLE 29
SCOPE OF AGREEMENT
Section 1.
Tile 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 a 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 Appendix Year 1 -4 conflict Nvith
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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 39
ARTICLE 30
DURATION
This Agreement shall be effective from October 1. 2010. and will expire at midnight on
September 30, 2014.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 40
ARTICLE 31
REOPENERS
Section 1. Wage and Certification Pay Reopeners.
The Union may reopen this Agreement for the sole purpose of negotiation of wages and
certification pay for Year 2, Year 3, and Year 4 of this Agreement. Such years shall commence
and end as follows:
Year 2 - January 1, 2012 through December 31. 2012
Year 3 - January 1. 2013 through December 31. 2013
Year 4 - January 1. 2014 through September 30, 2014
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 aiid 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. 2011
Year 3 - One hundred twenty (120) days prior to September 30. 2012
Year 4 - One hundred twenty (120) days prior to September 30. 2013
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 this Agreement. This section only authorizes the Union to reopen only Article 23 Sections I
and 2 concerning wages and certification pay for the years hereinabove stated.
Should the Union notify the City of its intent to reopen Article 22 Section I or 2. then the
City may designate one additional article of this Agreement to reopen.
Section 2. Status Once Contract is Reopened.
If the Contract is reopened pursuant to Section l 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.
City Proposed Collective Bargaining Agreement 2010 -2014 Page 41
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beeigned on
t •s the day of3.0 U5k' , 2010 by the Union and the �� day of
2010 by the City
CITY OF BAYTOWN BAYTOWN FIREFIGHTERS'
ASSOCIATION/
By: 41 By: 7,L�G-'
7--f--4
DEPUTY CITY MANAGER PRESIDENT AND AUTHORIZED
REPRESENTATIVE
ATTES, : ToN I By: ' 'ru..1;
r ITY C ► '71W,
APPROVED AS TO FORM:
By: - 4,
I NACIO RAMIREZ, SR.
ATTORNEY FOR
CITY OF BAYTOWN
City Proposed Collective Bargaining Agreement 2010-2014 Page 42
APPENDIX YEARS 1 -4
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
Yr
Year 1
Year 2
Year 3
Year 4
1
$43,980
$43.980
$43.980
$43,980
2
$45,296
$45.296
$45.296
$45,296
3
$46.658
$46,658
$46,658
$46,658
4
$48.054
$48.054
$48054
$48,054
5
$49.497
$49.497
$49,497
$49.497
6
$50.985
$50985
$50.985
$50,985
7
$52513
$52.513
$52.513
$52,513
8
$54089
$54.089
$54.089
$54,089
9
Equipment
Operator
Tier
Yrs
$55708
Year 1
$55.708
Year 2
$55,708
Year 3
$55708
Year 4
1
0 -6 mos
$57,939
$57,939
$57,939
$57,939
2
Lieutenant
Tier
6 mos+
Yrs
$61.416
Year 1
$61.416
Year 2
$61,416
Year 3
$61,416
Year 4
1
0
$63.871
$63,871
$63,871
$63,871
2
1
$66.426
$66,426
$66,426
$66,426
3
Battalion Chief
Tier
2+
Yrs
$69.748
Year 1
$69,748
Year 2
$69.748
Year 3
$69,748
M
Year 4
1
0
$73.236
$73.236
$73,236
$73,236
2
1
$76.895
$76895
$76,895
$76,895
3
Assistant Chief
Tier
2+
Yrs
1 $80.742
Year 1
$80,742
Year 2
$80,742
Year 3
$80.742
Year 4
1
0
$84,698
$84,698
$84,698
$84,698
2
1
$89.780
$89,780
$89,780
$89,780
3 2+ $94269 $94,269 $94,269 $94,269
Annual salary does not include longevity or sen onty pay and nothing in the annual salary column shall move with the employee when he /she
steps uc pursuant to 143 038(b)
City Proposed Collective Bargaining Agreement 2010 -2014 Appendix 2010 -2014
Page Solo