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Ordinance No. 12,320ORDINANCE NO. 12,320 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIFTH AMENDMENT TO THE FIRE 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 Fifill Amendment to the Fire Collective Bargaining Agreement 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 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 City of Baytown this the 22" day of August, 2013. / / APPROVED AS TO FORM: ACIO RAMIREZ, SR. Yv-it y " Attorney 0- W RAKarenl'iles\01y Council\OrdiTiaiices12013\AugList 221CollectiveBiirgainin-,Fift)iA iiendnient.doe of the City Council of the ONCARLOS, Mayor I U"A FIFTH AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2010 — SEPTEMBER 30, 2015 This Fifth Amendment to the Collective Bargaining Agreement for October 1, 2010 - September 30, 2015 ("Fifth Amendment") is signed and agreed upon this the 22,d day of August, 2013, by and between the City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties, Texas (the "City" or the "Employer") and the International Association of Firefighters Local 1173 (the "Union"). M I Uq 11 Im m WHEREAS, the Union, in conformity with Article 31 "Reopener" of the Collective Bargaining Agreement for October 1, 2010 — September 30, 2015 (tile "Agreement "), invoked its privilege to reopen the Agreement for Article 23 "Compensation," Sections I and 2, for the purpose of negotiating wages ('or Year 4; and WHEREAS, based upon such reopener, the Union and the City have agreed to amend certain terms and conditions of the Agreement only to the extent expressed in this Fifth Amendment; and WHEREAS, the Union and the City have mutually agreed to reopen the Agreement for Article 9 "Overtime," Section 2.5 of Article 23 "Compensation" and Section 6(b) of Article 32 "Fire/EMS Merger"; and WHEREAS, the pat-ties understand and agree that certain provisions of the civil service taw must be pre-empted in order to accomplish Such purposes; and WHEREAS, the provisions of this Fifth Amendment shall pre-empt all provisions of Chapter 143 of the Texas Local Government Code as necessary in order to effectuate the amendments herein; NOW THEREFORE, in consideration of the Mutual covenants, agreements and benefits to both parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 2010 - September 30, 2015, as follows: Recitals. The recitals contained hereinabove are true and incorporated as part of this Fifth Amendment. 2. Amendments. a, Article 9 "Overtime" of the Agreement is hereby amended to read as follows: Fifth Amendment, Page I Mmus= Section 1. Definitions. The following terms when used in this Article shall have the meanings ascribed to them in this section: Additional Hours Worked means hours worked other than the hours of a regularly assigned shift. Non-Worked Time means and includes all time and leaves not included as Time Worked, The term "Non-Worked Time" shall include, but not be limited to, the following: 1. sick leave, 2. Kelly days, D. time worked Pursuant to article 10, 4. military leave, S. emergency leave, 6. administrative absence with pay not associated with workers' compensation, 7. authorized leave without pay, 8. absence Without leave, and 9. compensatory time. Overtime Worked means Time Worked in excess of the number Of hours as specified by the City in accordance with the Fait, Labor Standards Act for the Work Period of the employee. Time Worked means and includes not only the hours worked as a firefighter pursuant to this Agreement during the Work Period but also all hours charged to the following leaves of absences during the Work Period: 1. vacation leave, 2. holidays, 3. workers' compensation leave, 4. administrative absence with pay associated with workers' compensation, and 5. Union time bank leave. Work Period shall be that period of time established by the City in compliance -.with the Fair Labor Standards Act. Section 2. 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, Only Time Worked will be considered for Z-- purposes of computing overtime compensation. Fifth Amendment, Page 2 Tile parties agree that the City has the right to require that Overtime Hours be compensated in the form of pay or compensatory time, as determined appropriate by the Fire Chief. If compensatory time is required by the Fire Chief or his/her designee, the employee shall be notified prior to overtime being worked. Overtime compensated monetarily shall be calculated at a rate of one and one-half times the employee's regular rate of pay times each hour of Overtime Worked. Overtime compensated as compensatory time shall be calculated at the rate of one and one-half hours for each hour of Overtime Worked. All overtime to be worked must be approved in advance by the Fire Chief or his/her designee. When leave classified as Non-Worked Time is taken Or used by a Firefighter in tile same Work Period that the Firefighter earns Additional Hours Worked; Additional Hours Worked that do not qualify for overtime Under FLSA shall be paid hour-for-hour as compensatory tirne or regular pay, as determined by the Fire Chief. The maximum number Of hours of accrued compensatory time shall not exceed the cap established in the City of Baytown Personnel Policy ManLial. There shall be no pyramiding of overtime tinder this Agreement, that is, hours shall not be paid for or credited to leave balances more than once. Section 3. Overtirrie 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: 1. A Shift, Non-Fire Paramedic 1 A Shift, Firefighter. 1 A Shift, Equipment Operator 4. A Shift, Lieutenant 5. A Shift, Non-Fire Paramedic Supervisor 6. A Shift, Battalion Chief 7. B Shift, Non-Fire Paramedic S. B Shift, Firefighter 9. B Shift, Equipment Operator M B Shift, Lieutenant 1 1, B Shift, Non-Fire Paramedic Supervisor 12. B Shift, Battalion Chief 11 C Shift, Non-Fire Paramedic 14, C Shift, Firefighter 15. C Shift, Equipment Operator. 16, C Shift, Lieutenant 17, C Shift, Non-Fire Paramedic Supervisor 18. 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 cacti overtime list on an alphabetical basis. Section 4. Call ins When staffing falls below rilinin'11.1111 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 7. Firefighters will be called back in numerical order from the first position on all Fifth Amcndrnent, Page 3 overtime list to the last position on such list from the rank creating T overtime stalling with the off-going shift. If no one in the appropriate rank oil the off-going shift accepts the call back to duty, persons from the list of the appropriate rank 1'roill the shift on duty prior to the off-going shift shall be contacted in numerical order front 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 oil the list. If no one accepts overtime from the previous list, the person on duty may be required to work overtime. Field over employees forced to work shall be compensated, either in the form of pay or compensatory time, as determined by the employee, at the overtime rate specified in Section 2 of this Article. Employees regularly scheduled to work, or employees who accept extra hours voluntarily, shall not be paid overtime, unless otherwise entitled to it. Once all 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 oil 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 S. Extra Activities Overtime List Each member requesting to be included on the extra activities overtime list shall forward his/her name and contact number ill writing to tile Fire Chief or his/her designee. Overtime covered by Section 4 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 choose to be placed on either the SMS text list or tile manual call list, but not both, The preferred notification method of members on the extra activities overtime list shall be via SMS text message. Tile officer in charge of distributing the overtime shall send all 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(ics). The President or his/tier designee shall forward the e-mail or text message via SMS text to all members on the SMS text list and simultaneously via all all page to the personnel signed tip 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 fi-orn members interested in the extra activity overtime during the one-hour period immediately following the initial notification. Once the group has been established, Fifth Anieridnient, Page 4 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 mernber to respond will be utilized for the overtime. The two (2) hour millin'11.1111 rule (Section 6. 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 6. Minimum Show Up Time An off -duty employee who is called back to work pursuant to Section 4 of this Article shall be guaranteed a 111iniftlUrn of two (2) hours of pay at his/her regular hourly rate. Only Time Worked shall be counted for purposes of computing overtime. Section 7. 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 8. 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. b. In Year 4 (January 1, 2014, to December 31, 2014) and in Year 5 (January 1, 2015, to December 3l, 2015) of the Agreement, employees covered by the Agreement shall be paid base compensation in accordance with the amounts specified in Appendix Years I - 5 for Years 4 and 5, respectively, which appendix is attached hereto and incorporated herein for all intents and purposes. C. Article 23 "Compensation," Section 2.5 *'Assignment Pay," Subsection (B) "Paramedic Assignment Pay" of the Agreement is hereby amended to read as follows: ARTICLE 23 COMPENSATION Section 2.5. Assignment Pay B. Paramedic Assignment Pay. Certified Medics and Firefighter Paramedics who are regularly assigned to staff an ambulance will receive assignment pay of $400.00 per month, Certified Medics and Firefighter Paramedics who are temporarily assigned to staff an ambulance will receive assignment pay of 540.00 per 24-hour shift. For purposes of this section a Certified Medic or Firefighter Paramedic will be considered regularly assigned to staff an ambulance if the person is required by the Fire Fifth Amendment, Page 5 Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned, the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an ambulance will not be considered temporarily assigned to staff an ambulance if such person is required to drive an ambulance from a scene of a call to a hospital. Article 23 "Compensation," Section 2.5 "Assignment Pay" of the Agreement is hereby amended by adding a new subsection to be numbered and entitled Subsection C 6EMT-1 Assignment Pay," Which Subsection shall read as follows: ARTICLE 23 COMPENSATION Section 2.5. Assignment Pay C. EMT-I Assignment Pay. EMT-I's who are regularly assigned to staff an ambulance will receive assignment pay of $200.00 per month. EMT-Is who are temporarily assigned to staff an ambulance will receive assignment pay of $20.00 per 24 -hour Shift. For purposes of this section, EMT-1 shall mean a person who is employed by the City as a firefighter of any classification and has obtained and maintains his firefighter certification from TCFP and his emergency medical technician - intermediate certification from TDSHS. Additionally, for purposes of this section, EMT-I will be considered regularly assigned to staff all ambulance if the person is required by the Fire Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned, the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an ambulance will not be considered temporarily assigned to staff an ambulance if such person is required to drive an ambulance frorn a scene of a call to a hospital. e. Article 23 "Assignment Pay," Section 2.5 "Compensation" of the Agreement is hereby amended by adding a new subsection to be numbered and entitled Subsection D "EMT-B Assignment Pay," Which subsection shall read as follows: ARTICLE 23 COMPENSATION D. EMT-B ASSIGNMENT PAY. EMT-B's who are regularly assigned to staff an ambulance will receive assignment pay of $100.00 per nionth, ENIT-Bs who are temporarily assigned to staff an ambulance will receive assignment pay of $10.00 per 24-hour shift. For Purposes of this section, EMT -13 shall mean a person who is employed by the City as a firefighter of any classification and has obtained and maintains his M firefighter certification from TCFP and his emergency medical technician - basic certification frorn TDSHS. Additionally, for purposes of this section, EMT -f3 Fifth Amendment, Page 6 will be considered regularly assigned to staff an ambulance if the person is required by the Fire Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an arnbulance will not be considered temporarily assigned to staff an ambulanceif Such person is required to drive an ambulance from a scene of a call to a hospital. Article 32 "Fire/EMS Merger," Section 6 "Compensation," Subsection (b) "Certified Medics in the Fire Fighter Classification" of the Agreement is hereby amended to react as follows: ARTICLE 32 FIRE/EMS MERGER Section 6. Compensation. (b) Certified Medics in Fire Fighter Classification. Except as provided in Subsection (c), Certified Medics in the classification of Fire Fighter shall be paid the greater of the following: 1. their same rate as they received on the day prior to January 7, 2013, or 2. the base compensation specified in Appendix Years I - 5 of the Agreement at the tier that corresponds to their time in service as a City of Baytown EMS Paramedic or Senior Paramedic of the equivalent classification based upon the following chart: If a salary increase is negotiated for members of the bargaining team, any Certified Medic whose salary on the day prior to the January 7, 2013, is higher than his appropriate tier in Appendix I Years I - 5 will not be eligible for a salary increase but will receive the average percentage of the negotiated salary increase for the Fire Fighter classification paid as a quarterly bonus. SUCH quarterly bonus shall not be construed as part of the Certified Medic's base pays or any other pay identified by state or federal law, including, but not limited to, Chapters 141, 142 and 143 of the Texas Local Government Code, except as otherwise required by law. All such quarterly payments will be subject to FICA, TMRS and other withholding taxes, 3. 'Essence. Time is expressly declared to be of the essence in regards to the Agreement. Jurisdiction. The Agreement and all amendments thereto, including this Fifth Amendment, shall be construed under and in accordance with the laws of the State of Texas, and all obligations Fifth Amendment, Page 7 created by the Agreement and all amendments thereto shall be performable in Harris County, Texas. Validity. In case any one or more of the provisions contained in this Fifth Amendment shall for any reason be held invalid, illegal, Or unenforceable in any respect, Such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Fifth Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Waiver.FailLire of either party to this Fifth Amendment to insist on the strict performance of any of the provisions 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 any 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, AInbligity. In the event of any ambiguity in any of the terms of this Fifth Amendment, it shall not construed for or against any party hereto on the basis that Such party did or did not author the same. Sole Aareernent. The provisions of this Fifth Amendment and the provisions of the Third Amendment, the Second Amendment, the First Amendment and the Agreement should be read together and construed as one agreement, provided that in the event of any conflict or inconsistency between the provisions or this Fifth Amendment and the provisions of the Fourth, Third Amendment, the Second Amendment, First Amendment and/or the Agreement, the provisions of this Fifth Amendment shall control, Amendments. No amendment, modification, or alteration of the terms of this Fifth Amendment shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 10. Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience. They are in no way to be construed as a part of or limitation on the scope of the particular section or sections to which they refer. IL Authority. Each party has the full power and authority to enter into and perform this Fifth Amendment and the person signing this Fifth Amendment on behalf of each par has been properly authorized and empowered to enter into this Fifth Amendment. The persons executing this Fifth Amendment hereby represent they have authorization to sign on behalf of their representative corporations and/or business entities. 12. Preemption. To the extent that any provision of this Fifth Amendment conflicts with or changes Chapter 143 of the Texas Local Government Code or any other applicable statute, executive order, local ordinance or rule, or earlier versions or amendments of the Agreement, this Fifth Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. 13. Binding Effect, The parties acknowledge they have read, understand, and intend to be bound by the terms and conditions of this Fifth Amendment, 14. Multiple Execution. It is understood and agreed this Fifth Amendment may be executed in a number of identical counterparts, each of7which shall be deemed an original for all purposes, Fifth Amendment, Page 8 IN WITNESS WHEREOF, the UllderSig=l City and the Union hereto execute this Fifth Amendment, which shall be effective on the first full pay period in January, 2014. [XV11rolff"MURM FIRE FIGHTE16 UNIO�N, LOCAL 1173 ROBE11T D. LEIPE11,1 City Manager MARK EDRANO, President ATTEST: ATTEST: LETICIA B11YSCII, City Clerk , Secretary R,\K ti-eii\]-'iles\CoiitraeLS\Collective Bar6ainingM1315thA mendimilff ilia]. doc Fifth Amendment, Paize 9 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 fr Year 1 Year 2 Year 3 Year 4 Year 5 T $ 43,980 $ 43,980 $ 45,739 $ 50,222 $ 50,222 2 $ 45,296 $ 45,296 $ 47,108 $ 51,726 $ 51,726 3 $ 46,658 $ 46,658 $ 48,524 $ 53,279 $ 53,279 4 $ 48,054 $ 48,054 $ 49,977 $ 54,880 $ 54,880 $ 49,497 $ 49,497 $ 51,477 $ 56,524 $ 56,524 $ 50,985 $ 50,985 $ 53,024 $ 58,222 $ 58,222 7 $ 52,513 $ 52,513 $ 54,613 $ 59,965 $ 59,965 8 $ 54,089 $ 54,089 $ 56,253 $ 59,965 $ 59,965 T $ 55,708 $ 55,708 $ 57,037 $ 50.065 $ 59.965 Annual salary does not include longevity or seniority pay and nothing in the annual salary column $hall move with the employee when he/she steps lE Appendix Years 1-5, Page 1 Ron =11 M - M-MMM= ............. MM Annual salary does not include longevity or seniority pay and nothing in the annual salary column $hall move with the employee when he/she steps lE Appendix Years 1-5, Page 1 *For Agreement Year 3 of this Agreement (January 1, 2013 — December 31, 2013), Assistant Chiefs shall receive, in addition hzthe base compensation specified in the above-referenced ohart, quarterly payments equal to four percent (496) of the base compensation paid during the applicable quarter. Such quarterly payments shall be paid asfollows: Quarter Quarter Period Payment Date (11 January 1,2O13— March 31.2O13 April 3O.2013 Q2 April 1.2813— June 30.2O13 July 3i.2O13 (l3 July 1,2O13— September 3O.2D13 October 31.2O13 {]4 October 1.2O13— December 31.2U13 January 31.2014 All quarterly payments will be subject to FICA, TMRG and other withholding taxes as m regular check, Employees and the Union understand and agree that any quarterly payments provided for in this agreement are only for Year 3 of this Agreement (January 1, 2013 — December 31, 2013) and shall not be construed to be o part ofbase salary or any other pay identified by state or federal |aw, including, but not limited to, Chapters 141.142 and 143cf the Texas Local Government Code, Appendix Years 1-5, Page 2