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HomeMy WebLinkAboutORD 80-50 ORDINANCE NO.2611� C/ ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ESTABLISHING THE NUMBER OF POSITIONS AND RATES OF PAY IN EACH GRADE OF THE FIRE DEPARTMENT; AUTHORIZING THE EXECUTION OF A LABOR AGREEMENT WITH LOCAL NO. 399, INTER- NATIONAL ASSOCIA^1ION OF FIREFIGHTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL CONFLICTING ORDINANCES . BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 21, Section 21-75 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 21-75 - Grades and Classifications in the Fire Department All positions-in the Fire Department of the City of Beaumont, Texas, are hereby classified into the following grades, each grade having duties of substantially similar authority, importance and responsibility: (1) Grade I. There shall be 115 positions in Grade I, said positions to include Firefighters and Inspectors. I. The base pay of every firefighter who has been in this grade less than one (1) year shall be $1, 095. 00 per month; the base pay of every firefighter in this grade with one (1) or more years of service but less than three (3) years of service shall be $1, 196 . 00 per month; the base pay of every firefighter in this grade with three (3) or more years of service but less than five (5) years of service shall be $1, 262. 00 per month; the base pay of every firefighter in this grade with five (5) or more years service shall be $1 ,296. 00 per month. (2) Grade II. There shall be sixty-four (64) positions in Grade II, said positions to include fire engineers, investigators-inspectors, public information officers and supply officers. The base pay of every firefighter in this Grade with less than two (2) years ' service in this Grade shall be $1, 395. 00 per month; and the base pay of every firefighter with two (2) years or more service in this Grade shall be $1, 429. 00 per month. (3) Grade III. There shall be forty-three (43) positions in Grade III, said positions to include fire captains, assistant fire marshalh , fire dispatchers and investigators II. The base pay of every firefighter in this Grade with less than two (2) years in this Grade shall be $1, 528. 00 per month; and the base pay of every firefighter in this Grade with two (2) years or more in this Grade shall be $1,595. 00 per month. (4) Grade IV. There shall be twelve (12) posi- tions in Grade IV, said positions to include district chiefs, chief fire alarm operator, fire marshal and chief training officer. The base pay of every firefighter in this Grade shall be $1, 760. 00 per month. (5) Grade V. There shall be three (3) positions in Grade V, said positions to include deputy chiefs. The base pay of every firefighter in this Grade shall be $1, 927 . 00 per month. - 2 - 4 , e £ (6) Grade VI. There shall be one (1) position in Grade VI, said position being assistant fire chief. The base pay of each firefighter in this Grade shall be $2, 060. 00 per month. Grade I employees who complete six (6) months' service on or before May 20, 1980, shall be paid $1,150. 00 per month from and after the completion of six (6) months ' service. Section 2. That the City Manager be, and he is hereby, authorized to execute a labor agreement with Local No. 399, International Association of Fire Fighters, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3 . This ordinance shall be effective only upon the execution by Local No. 399, International Association of Fire Fighters, of the labor agreement attached hereto as Exhibit "A" . Upon execution of said agreement, this ordinance shall be effective from and after October 1, 1979. Only Section 1 hereof shall be published in the Code of Ordinances of the City of Beaumont. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. - 3 - Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1980. a Mayor - 4 - EXHIBIT "A" THE STATE OF TEXAS X COUNTY OF JEFFERSON X A G R E E M E N T This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "EMPLOYER", and Local 399, International Association of Fire Fighters, hereinafter referred to as the "UNION". ARTICLE I- INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and the Union; to provide for equitable and peaceful adjustments of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the City under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. ARTICLE II. RECOGNITION Section 1. The Employer recognizes the Union as the exclusive bargaining agent for all permanent paid employees in the Fire Department, excluding the Fire Chief. In the event that legislation is amended or changed to re-define the composition of the bargaining unit, the parties will comply on the effective date of any such Federal or State legislation. Section 2. The Union recognizes the designated representative or representatives of the Employer as the sole representative of the Employer for the purpose of collective bargaining. ARTICLE III. DISCR bMIATION The Employer agrees not to discriminate against any employee for his activity in behalf of, or membership in, the Union. The Union agrees that it will not coerce or intimidate any employee into joining the Union. The Union and Employer recognize that no employee is required to join the Union, but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, creed, sex or national origin. ARTICLE IV. NANAGEM NT RIGHTS Except as otherwise specifically provided herein, the management of the City of Beaumont shall have direction of the work force, including but not limited to the right to hire, the right to discipline or discharge for proper cause, the right to decide job qualifications for hiring, the right to lay off or abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine schedules of work together with the right to determine the methods, processes and manner of performing work, the determination of the size of the work force, the assignment of work to employees within the department, the detexinination of policy affecting the selection of new employees, the right to establish work performance measurements and standards, where no such measurements or standards exist, and to revise these or existing measurements and standards if required and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs. The above rights are vested exclusively in the Employer, as are all other rights excluding those rights which are superseded by this agreement, or provisions of 1269m. -2- ARTICLE V. SENIORITY At the completion of an employee's probationary period, continuous service for purposes of seniority shall date from the first day of employment for Grade I. Seniority shall be from date of promotion in all other grades. All seniority considerations and requirements shall be in accordance with present City policy and all applicable State laws. Promotions and demotions will be made in accordance with 1269m. Lateral transfers within the department will be made by the Employer on the basis of merit with due consideration of seniority. The employer shall maintain a list of vacated positions for a period of at least ten (10) days. Vacated positions may be temporarily filled for such periods. Applications for vacated positions shall be submitted in writing to the Chief. ARTICLE VI. NO STRIKE - NO LOCKOUT Section 1. The Union agrees that during the term of this agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slaw-downs, picketing on Employer's premises, or any other form of work stoppage or interference with the business of the City, and will cooperate with the Employer in preventing and./or halting any such action. The Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this agreement. Section 2. The Employer shall have the right to impose penalties in accordance with Section 17 of the Fire and Police Employee Relations Act; Collective Bargaining, dated August 27, 1973, for violation of Section 1 of Article VII herein. ARTICLE VII. GENERAL PROVISIONS Section 1. - Parking. The Employer shall provide, without cost, to employees on duty adequate parking space adjacent to all Fire Department facilities and fire stations. Section 2. - Bulletin Boards. A. The Employer agrees to provide space for bulletin boards, whi_ch,may be used exclusively by the Union for the following notices: 1) Notices of Union meetings 2) Notices of Union elections and the result where they pertain to the Employer's employees. -3- 3) Notices of Union recreational and social events. 4) Other notices concerning Union affairs. B. It is agreed that all other notices prior to being posted shall be submitted to the Employer for its approval. C. It is further agreed that all notices including those posted by the Union as provided for herein and those posted by the Employer shall not be mutilated, destroyed, or defaced by the employees. If same should occur, the affected employee shall be subject to disciplinary action. D. The Union agrees that in no event shall such notices be politically partisan, derogatory or critical of the City, or the City's officers, agents, supervisors, employees, departments, or subdivisions nor shall such notices be derogatory or critical of the services, techniques or methods of the Employer. E. There shall be no other general distribution or posting by employees or the Union of pamphlets, advertising or political matters, notices, or any kind of literature upon the Employer's premises other than as herein provided. ARTICLE VIII. UNION BUSINESS Section 1. A written list of Union stewards and other officers and representatives shall be furnished to the employer immediately after their designation and the Union shall notify the Employer of any changes provided that the Union shall not request time off for more than one steward for each shift. Section 2. Stewards shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances provided that steward shall request permission from his deputy chief. Permission may be withheld by the deputy chief because of operating requixenents but such permission may not be withheld for more than eight (8) hours except in emergencies. Section 3. Off-duty employees shall not reside or loiter on department premises, but will be allowed to enter the premises for access to their own locker, posting bulletins, processing grievances, delivering notices, or departmental business, provided their presence does not interfere with -4- the operation of the department. Section 4. Employer will allow either the President or Vice-President and the Recording Secretary or his designate time off to conduct local. union regular meetings and no more than three special called meetings per contract year. Section 5. No more than two nenbers of the Union negotiating team shall be allowed time off for all meetings which are mutually set by the Employer and the Union. Section 6. Except as otherwise herein provided, the internal business of the Union shall be conducted during non-duty hours of the employees involved. Section 7. Employees elected to Union office and/or elected delegates shall be granted time to perform their Union functions, including attendance at job-related conventions, conferences and seminars without loss of pay, as follows: A. Two members granted three (3) shifts to attend Bi-annual International Conventions. B. Three members granted two (2) shifts to attend Bi-annual State Conventions. C. Union will request Employer for time off for any number of members to attend job-related seminars. Permission may be granted or denied by Employer. ARTICLE IX. RULES & REGULATI(NS Employees in the bargaining unit shall comply with Fire Degalt t rules and regulations including those relating to conduct and work performance. A. The Employer maintains the right to establish, amend and modify rules from time to time. Reasonable changes will be made in the following manner: 1) Employer will consult with Union prior to effective date of change, and Union will be allowed to express its suggestions and objections prior to posting. 2) Changes will be published so that all employees are advised of the changes. 3) All rules will be administered and applied fairly and equitably. -5- ARTICLE X. MAINTENANCE OF STANDAMS Nothing contained in this agreement shall be construed as repealing any lawful recognized benefit provided through the department for employees of the department, and no employee shall inadvertently suffer any loss of wages, hours or working conditions by reason of the signing of this agreement. ARTICLE XI. HEALTH AND SAFE'T'Y It is the intent of the Employer and the Union to .maintain the highest shards of safety and health in the Fire Department, and to eliminate, as much as possible, accidents, injuries, illness and death in the fire service. 1. There shall be established a joint Union-Employer health and safety committee, consisting of an equal number of Union and Employer repre- sentatives, of not less than two (2) nor more than four (4) each. 2. The joint committee shall meet as often as necessary but not less than once each month at a regularly scheduled time and place to be set by management for the purpose of jointly considering, inspecting, investigating and reviewing health and safety conditions and practices and investigating accidents, and for the purpose of effectively making constructive reconuiendations with respect thereto. 3. All matters considered and handled by the committee shall be reduced to writing, and joint minutes of all meetings of the committee shall be made and maintained, and two copies thereof shall be furnished to the Union. Such reports are for internal use only and shall not be disclosed to the public by either the Union or the Employer. 4. Time spent in committee meetings by Union representatives, on t duty, including walkaround time during joint inspections and investigations, shall be considered and compensated for as regularly assigned work. Time spent in committee meetings by Union representatives while off-duty shall not be compensated. 5. The joint cmuli.ttee shall have the power to recMyrend safety improvements to the Department Chief, including target dates, where appropriate. In the event the cmrittee reomvendati ons are not effected by the target -6- dates agreed upon, the committee has the prerogative to refer its recommendations) to the City Manager. 6. She Employer agrees to provide a chest x-ray and examination for heart defects once each year and to forward the results to the employee, upon request of the employee. 7. The joint safety committee will cooperate with and coordinate its activities with the Safety Department of the Employer. ARTICLE XII. EDUCATICWL DIFFERENTIAL Any full-time employee of the Fire Department approved by the City Manager to enroll in a course will be reimbursed for all books, and fee costs related to the approved course upon proof of having completed the course with a grade of "C" or better. The City Manager will not approve any applications from employees until they have completed their six month probation period. The course work must relate to the applicant's present position for the purpose of: 1. Improving skills or knowledge required in his present position. 2. Preparing the employee for significant technological changes occurring in his career field. 3. Preparing the employee for assumption of new and different duties. Upon completion of course work for which the employee has received reimbursement fresn the City for books and fee costs, the employee must remain in the service of the City for one year, otherwise all sums paid by the City must be reimbursed by the employee to the City. ARTICLE XIII. YEU FACE ALLGVMCE t Employees required by the Employer to use their private automobiles in traveling between fire stations or fire training grounds or any officially authorized business shall be compensated at the official city rate. Mileage between fire stations shall be based on the following: -7- MILEAGE BETWEEN FIRE STATISTS C 2 3 4 5 6 7 8 9 10 11 TG C 3.7 3.0 3.7 .8 6.7 1.0 7.1 .9 4.5 1.7 1.7 2 3.7 6.7 3.3 3.1 9.3 3.3 3.9 4.6 6.9 5.4 3.4 3 3.0 6.7 7.2 3.8 7.3 4.0 10.1 2.2 3.3 1.3 4.1 4 3.7 3.3 7.2 3.5 4.0 2.7 4.0 4.2 3.8 5.8 6.3 5 .8 3.1 3.8 3.5 6.9 1.1 6.2 1.6 5.7 2.1 1.1 6 6.7 9.3 7.3 4.0 6.9 6.0 5.7 5.8 4.0 6.1 7.2. 7 1.0 3.3 4.0 2.7 1.1 6.0 5.8 1.5 3.5 2.7 2.0 8 7.1 3.9 10.1 4.0 6.2 5.7 5.8 7.4 7.1 8.8 6.8 9 .9 4.6 2.2 4.2 1.6 5.8 1.5 7.4 3.2 1.5 2.6 10 4.5 6.9 2.3 3.8 5.7 4.0 3.5 7.1 3.2 3.3 6.0 11 1.7 5.4 1.3 5.8 2.1 6.1 2.7 8.8 1.5 3.3 3.3 TG 1.7 3.4 4.1 6.3 1.1 7.2 2.0 6.8 2.6 6.0 3.3 This article shall not apply to employees who receive car allowances. Payment of mileage due hereunder shall be made quarterly. Each use of a personal automobile must be authorized by the deputy chief on duty. Employees shall be required to file quarterly mileage reports on forms furnished by the Employer. Employees designated to receive car allowances shall receive $175 per month. Any employee who keeps mileage records for six (6) nmths may have his car allowance reviewed. ARTICLE XIV. VACATIONS AND HOLIDAYS Employees in the Fire Department shall earn 1-1/4 vacation days for each month of service. All vacation time earned in a calendar year must be taken in the following calendar year. The following holidays will be recognized: New Year's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Day and any other holiday declared by the Employer. -8- Employees required to work on a holiday, or employees whose day off falls on a holiday, shall have one day for each such holiday added to their annual vacation. For the purposes of this paragraph, one shift equals two days. The Employer will develop an annual vacation schedule of twenty cycles. The Employer shall determine the number of employees in each grade on each shift who may schedule vacations in any one cycle. Based upon seniority in grade, each employee shall choose one vacation cycle. After each employee has selected one cycle, each employee shall choose a second vacation cycle. If manpower permits, an employee may, upon his request, take two vacation days -- (one shift) with approval of his Deputy Chief. ARTICLE XV. PAYRDEL DEDUCTION OF DUES The Employer agrees to deduct,once each month, dues and assessments, in an amunt certified to be current by the Treasurer of the Union, from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deductions shall be remitted, each month, together with the names of the employees from wham dues have been collected, by the Employer to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this agreement. The Employer shall forward to the Union a copy of all authorization or cancellations of voluntary deduction of union dues by employees in the unit. ARTICLE XVI. PENSION The Employer shall contribute to the pension fund an amount equal to ten (100) percent of each employee's salary. ARTICLE XVII. BASIC RATE OF PAY k "Basic rate of pay," for the purposes of computing overtime pay (including callback pay) equals annual salary divided by 2,080 hours. Overtime shall be paid at the rate of 1-1/2 each employee's "basic rate of pay" for overtime purposes. ARTICLE XVIII. FURS AND OVERTIME PAY Suppression employees shall work shifts of twenty-four (24) hours on duty followed by forty-eight (48) hours off duty. Each employee -9- working such shifts shall receive one (1) twenty-four (24) hour shift off during each three (3) weeks. "Suppression employees" are those employees permanently assigned to a piece of fire apparatus, excluding the Assistant Chief and the Deputy Chiefs. This provision shall not prevent the permanent or temporary assign- ment of any employee to a forty (40) hour work week so long as the onployee is not at the same time assigned to a piece of fire apparatus. ARTICLE XIX. CALLBACK PAY All employees covered by the terms of this agreement who are called back to work from off-duty shall be guaranteed the right to work at least two hours minimum. at 1-1/2 times the basic rate of pay. ARTICLE XX. IMUSTRIAL FIRES All firefighters responding to industrial fires and mutual aid fire calls outside the city (whether on duty or called from off duty) , and all certified divers while actually diving, shall be paid double time, i.e., twice their basic hourly rate. Such double-time pay shall exclude any other overtime pay that might otherwise be applicable. ARTICLE XXI. WAGES The basic wages in each grade shall be as follows: GRADE I Per Month Start to 1 year $ 1095 1 year to 3 years 1196 3 years to 5 years 1262 5 years or more 1296 GRADE II 0-2 years $ 1395 2 years or more 1429 GRADE III 0-2 years $ 1528 2 years or more 1595 GRADE IV $ 1760 GRADE V $ 1927 GRADE VI $ 2060 -10- Grade I employees who complete six (6) months' service on or before May 20, 1980, shall be paid $1150 per month from and after the completion of six (6) months' service. ARTICLE XXII. INSURANCE The Employer shall provide life insurance protection as follows: Grade I $10,000 Grade II 12,500 Grade III 14,000 Grade IV 16,000 Grade V 17,500 Grade VI 17,500 The Employer agrees to pay the cost of each employee's and each employee's dependent's group health insurance. Group health insurance benefits shall not be less than those in effect on February 1, 1980. The minimum benefits may be modified by the Employer with the prior consent of the Union, which consent shall not be unreasonably denied or delayed. ARTICLE XXIII. OOPIES OF FiGREEN� The Employer agrees to furnish each employee covered by this agreement with one copy of this agreement. ARTICLE XXIV. DEATH IN FAMILY LEAVE In the event of a death in the immediate family of an employee, the employee shall be granted up to four (4) days (2 shifts) off with pay. The immediate family shall be defined as spouse, children, mother, father, brother and sister of the employee or the employee's spouse. ARTICLE XXV. PR11,= PAY All employees, except the training officer, who teach in the basic fire academy shall receive premium pay in addition to any other sensation to which they may be entitled at the rate of $5 per hour for time actually spent teaching. ARTICLE XXVI. GRIEVANCE PURE SECTIM 1. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of -11- grievances. A grievance is defined as any dispute, claim, or complaint involving the interpretation, application or alleged violation of any provision of this agreement, or the discipline, discharge, or demotion for disciplinary purposes of any employee represented by the Union. Grievances may be filed by the Union, the Employer, or any bargaining unit employee. Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings. SECTION 2. A. Any member who is aggrieved shall file a written report giving the nature and details of the incident which led to his grievance with the Union's grievance committee. The report must be submitted within fifteen (15) Calendar days of the date upon which the member ]mew of or should have known of the occurrence, or occurrences in the event that the grievance alleges a pattern or practice of the Employer in violation of this agreement, giving rise to the grievance. B. A grievance not brought to the attention of the Union grievance committee within the time limit described shall not be considered timely and shall be void. C. The time limitations described herein may be waived by mutual agreement in writing by the aggrieved and the appropriate management official. D. Any member who is aggrieved shall submit his grievance within the time limitations specified above to the Union's grievance committee. Within fifteen (15) calendar days of receipt of the grievance, the committee shall determine if a valid grievance exists. If, in the opinion of the committee, no grievance exists, the committee shall notify the member and no further action shall be taken. E. If the grievance has not been resolved within seven (7) calendar days, the committee or its representative shall, with or without the physical presence of the aggrieved der, present the grievence in writing to the office of the Fire Chief for adjustment, provided that written notice of grievances shall suffice in the case of individual disciplinary grievances. -12- F. If within seven (7) calendar days, the grievance has not been settled, the committee or its representative shall submit it to the office of the City Manager for adjustment, provided that written notice of the grievance shall suffice in the case of individual disciplinary grievances. G. If within seven (7) calendar days, the grievance has not been settled, the co mmittee or its representative may make a written request to the office of the City Manager that the grievance be submitted to arbitration. SECTION 3. Grievances submitted by the Union shall be submitted to the Fire Chief in writing within fifteen (15) calendar days from the date upon which the Union knew or should have known of the occurrence or occurrences giving rise to the grievance. A. If within seven. (7) calendar days, the grievance has not been settled, the committee or its representative shall submit it to the City Manager for adjustment. B. If within seven (7) calendar days, the grievance has not been settled, the committee or its representative may make a written request to the City Manager that the grievance be submitted to arbitration. SECTION 4. Grievances by the Employer shall be submitted to the union president. If within seven (7) calendar days, the grievance has not been settled, management may make a written request to the union president that the grievance be submitted to arbitration. SECTION 5. Arbitration. A. In the event the parties cannot agree upon an arbitrator, either party may request the Federal Mediation and Conciliation Service to provide a list of arbitrators in accordance with its selection rules. Either party shall have the riot to reject the list submitted by the Service. In that event the service will be requested to submit another list. The parties shall, within seven (7) calendar days, select an arbitrator from the list. The arbitrator shall conduct a hearing within thirty (30) days from his appointment. The arbitrator shall render his decision within fifteen (15) days from conclusion of the hearing. B. ne powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to, subtract from, or nodify any of the terns of this agreement. -13- 2. He shall deal only with the grievance or grievances which occasioned his appointment. C. The decision of the arbitrator if within the scope of his authority shall be final and binding upon the parties. D. Costs and expenses for the services of the arbitrator shall be shared equally by the Union and the Employer. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. The employees agree that with the adoption of this grievance procedure, they hereby relinquish their right to appeal to the Civil Service Ccnmission and to appeal from the Civil Service Conudssion to the District Court for the resolution of grievances as defined herein. ARTICLE XXVII. COMPLETE AGIEEMENT CLAUSE Section 1. The parties hereto acknowledge that during negotiations which resulted in this agreement, each had unlimited right and opportunity to make proposals with respect to all proper subjects of collective bargaining, and that all such subjects have been discussed and negotiated upon, and the agreements herein contained were arrived at after free exercise of such rights and opportunities; therefore, the Employer and the Union, for the term of this agreement, each voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. It is specifically provided that there shall be no further negotiations except by mutual agreement of any subjects above mentioned. Section 2. The Union and the Employer agree that this agreement is intended to cover all matters affecting wages, hours, and other terms and conditions of enployment and similar or related subjects. During the term of this agreement, neither the Employer nor the Union will be required to negotiate on any matters affecting these or other subjects not specifically set forth in this agreement. , 1 -14- Section 3. All modifications of this agreement must be made in writing and signed by both the Employer and the Union before such modifications shall become effective. Section 4. If any Article or Section of this agreement or any provision should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending final determination as to its validity, the remainder of this agreement shall remain in full force and effect and shall not be affected thereby. Section 5. This agreement shall be binding on the parties hereto and their successors and assigns. ARTICt,E XXVIII: IMPASSE In the event that the City of Beaumont and the Association have reached an impasse as defined under Vernon's Annotated Civil Statutes of Texas, Article 5154c-1, Section 9; and in the event mediation invoked under Section 9 of said article has failed to resolve the impasse, or one of the parties has refused to date; then the following impasse procedure shall prevail: 1. Either party to the dispute, after written notice to the other party containing specifications of the issue or issues in dispute, may request arbitration; provided, however, that a party may request arbitration not more than once during any fiscal year. In the event that one party makes a request for arbitration, then both parties shall submit all issues in dispute to arbitration. The issues to be submitted to arbitration shall be all matters which the parties have been unable to resolve through collective bargaining. 2. Arbitration invoked under this Article shall be conducted by the parties pursuant to the procedures, duties, requirements and rights set forth in Vernon's Annotated Civil Statutes of Texas, Article 5154c-1, Sections 9, 10, 11, 12, 13, 14, and 15; except that Vernon's -15- Annotated Civil Statutes of Texas, Article 5154c-1, Section 10(b) shall be specifically excluded and not apply herein. ARTICLE XXIX. DURATION OF AGREEMENT Except as provided below, this agreement shall be effective as of October 1, 1979, and shall tend nate September 30, 1980. The provisions of Article V, Seniority; Article XVIII, Hours and Overtime Pay; Article XXII, Insurance; and Article XXVI, Grievance Procedure; shall be effective frcan and after June 1, 1980, for the remaining term of this agreement. EXECUTED this the day of 1980. ATTEST: President, Local No. 399, IAFF Secretary ATTEST: City Manager City Clerk -16-