Ordinance No. 14,624ORDINANCE NO. 14,624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
Second Amendment to the 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 vote of the City Council of the City of
Baytown this the 10"' day of December, 2020.
BRANDON CAPETILLO, Mayor
ATVAST: n
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•• LETICIA BRYSCH, City le k vs �
APPROVED AS TO FO U) \�
K% . HORNER, City Attorney
It: Karen Homer DocumentsTiles City Council.Ordinances\2020 December 10 SecondAmendment2CollectiveBargainingAgreement202O.doc
Exhibit "A"
SECOND AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1, 2019 — SEPTEMBER 30, 2022
This Second Amendment to the Collective Bargaining Agreement for October 1, 2019 -
September 30, 2022 ("Second Amendment") is signed and agreed upon this the day of December, 2020,
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").
WITNESSETH
WHEREAS, the City and the Union entered into the Collective Bargaining Agreement for October
1, 2019 September 30, 2022 on September 19, 2019 (the "Agreement"); and
WHEREAS, on December 13, 2019, the Union and the City entered into the First Amendment to
the Agreement in order to delay the TCFP Driver"Operator-Pumper Certification promotional eligibility
requirement until July 1, 2020 (the "First Amendment").
WHEREAS, the Union and the City desire to amend the contract again in order to change the hours
of work; and
WHEREAS, the provisions of this Second 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 Agreement, as follows:
Recitals. The recitals contained hereinabove are true and incorporated as part of this Second
Amendment.
2. Amendments.
a. Article 20 "Hours of Work," Section 1 "Hours of Operation" of the Agreement is hereby
amended to read as follows:
Section 1. Hours of Operation.
All employees in the Operations Division will work the same shift schedule - either:
1. 24 hours on and 48 hours off or
2. 48 hours on and 96 hours off,
as established by the Chief.
b. Article 21 "Overtime" Section 3 "Overtime List" of the Agreement is hereby amended to
read as follows:
Section 3.Overtime List.
Second Amendment, Page 1
The Fire Chief or his/her designee, with input from the Union, shall create the
following overtime list(s):
1.
A Shift, FirefighterFirefighteri Paramedic
7. B Shift, Lieutenant
2.
A Shift, Equipment Operator
8. B Shift, Battalion Chief
3.
A Shift, Lieutenant
9. C Shift, Firefighter., Paramedic
4.
A Shift, Battalion Chief
10. C Shift, Equipment Operator
5.
B Shift, Firefighter/Paramedic
11. C Shift, Lieutenant
6.
B Shift, Equipment Operator
12. C Shift, Battalion Chief
An employee within the Operations Division who 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.
Article 24 "Compensation," Section 5 "Administrative Pay" of the Agreement is hereby
amended to read as follows:
Section 5. Administrative Pay.
Employees (i) within the ranks specified below, (ii) working hours other than
those assigned to the shift schedule of the majority of the employees in the rank of
firefighter, and (iii) regularly assigned to administrative duties, with the exception of
employees on light duty, administrative leave with or without pay, injury leave, or
assigned to training or school or any other temporary assignments, shall receive monthly
assignment pay as follows:
Equipment Operator .................................... $350
Lieutenant..................................................... $350
Battalion/Division Chief ............................... $350
Assistant Chief ............................................. $100
The above administrative employees will not be included on the Overtime List
to fulfill daily staffing levels.
3. Essence. Time is expressly declared to be of the essence in regards to the Agreement.
4. Jurisdiction. The Agreement and all amendments thereto, including this Second Amendment, shall
be construed under and in accordance with the laws of the State of Texas, and all obligations 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 Second 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 Second Amendment shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Ambiguity. In the event of any ambiguity in any of the terms of this Second Amendment, it shall
not be construed for or against any party hereto on the basis that such party did or did not author
the same.
Second Amendment, Page 2
7. Sole Agreement. The provisions of this Second Amendment and the provisions of 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 of this Second Amendment
and the provisions of the First Amendment and/or the Agreement, the provisions of this Second
Amendment shall control.
Amendments. No amendment, modification, or alteration of the terms of this Second Amendment
shall be binding unless the same be in writing, dated subsequent to the date hereof and duly
executed by the parties hereto.
Headinss. 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.
10. Authority. Each party has the full power and authority to enter into and perform this Second
Amendment, and the person signing this Second Amendment on behalf of each party has been
properly authorized and empowered to enter into this Second Amendment.
11. Preemption. To the extent that any provision of this Second 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 Second
Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local
Government Code.
12. BindingE. The parties acknowledge that they have read, understand, and intend to be bound
by the terms and conditions of this Second Amendment.
13. Multiple Execution. It is understood and agreed this Second Amendment may be executed in a
number of identical counterparts, each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the undersigned City and the Union hereto execute this Second
Amendment on this the day of December, 2020, the date on which this amendment is signed by the
City Manager.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION, LOCAL 1173
DALLAS WEBB, President
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Second Amendment, Page 3
Secretary