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HomeMy WebLinkAboutRES 86-325 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract between the City of Beaumont and the International Association of Firefighters Union, Local 399 substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the ,-2 day of 1986. Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT 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 qua�ity 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. �� Exhibit "A" a 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 redefine 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. DISCRIMINATION 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. 2 - } 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, handicap, sex, or national origin. ARTICLE IV. MANAGEMENT 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 determination 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 operationsiif 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 or other statutes. 3 - i t g ARTICLE V. 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 , which 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 . 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 �Lgrees 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. 4 - ,000e � �. z P g 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 VI . 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 requirements 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 the operation of the department. Section 4 . Employer will allow either the President or Vice-President and the Recording Secretary or his designate time to conduct local union regular meetings and no more than three special - 5 - . r called meetings per contract year. Section 5 . No more than two members 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 VII. SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS 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 . 6 - Promotions and demotions will be made in accordance with 1269m. During the first year of this agreement, the Union agrees to grant the Employer the right to appoint the Assistant Chief as described in the appointment procedure in Article 1269m. However, at the expiration of this agreement, unless specifically extended, this appointment provision shall expire and become void. Lateral transfers within the department will be made by the Employer on the basis of senority unless there are'- overriding merit considerations . The Employer shall post and 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 VIII. 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, slow-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 t6rm 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 VIII herein. 7 - F . ARTICLE IX. RULES & REGULATIONS A. Employees in the bargaining unit shall comply with Fire Department rules and regulations including those relating to conduct and work performance. B. 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. ARTICLE X. MAINTENANCE OF STANDARDS I. 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. II. All terms and conditions which are of benefit to employees now in effect which are not specifically provided for in this Agreement or which have not been replaced by provisions of this Agreement shall remain in effect for the duration of this Agreement, unless mutually agreed otherwise between the City and the Union. 8 - ARTICLE XI . HEALTH AND SAFETY It is the intent of the Employer and the Union to maintain the highest standards 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 representatives, of not less than two (2) nor more than four (4) each. 2 . The joint committee shall meet on the second Tuesday of each month or more often as mutually agreed 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 recommendations 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 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. 9 - 5 . The joint committee _shall have the power to recommend safety improvements to the Department Chief, including target dates, where appropriate. In the event the committee recommendations are not effected by the target dates agreed upon, . the committee has the prerogative to refer its recommendation(s) to the City Manager. 6 . The Employer agrees to provide a chest x-ray •ond examination for heart defects once each year and to forward the results to the employee, upon request of the employee. a, 7. The joint safety committee will cooperate wit and coordinate its activities with the Safety Department of the Employer. ARTICLE XII. COPIES OF AGREEMENT The Employer agrees to furnish each employee covered by this agreement with one copy of this agreement. ARTICLE XIII. 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 XIV. VACATIONS AND HOLIDAYS Employees in the Fire Department shall earn 1-1/4 10 - W 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 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. Each member of the bargaining unit with ten (10) years of service shall receive one ( 1 ) personal leave day per calendar year. Each member with twenty ( 20) years of service shall receive two (2 ) personal leave days per calendar year. Personal leave days may be scheduled in conjunction with vacation days. - 11 - ARTICLE XV. PAYROLL DEDUCTION OF DUES The Employer agrees to deduct, once each month, dues and assessments, in an amount 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 whom 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 �f all authorizations 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 10 percent of each employee' s salary. ARTICLE XVII. BASIC RATE OF PAY "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. EDUCATIONAL INCENTIVE Any member of the bargaining unit who earns an Associate 12 - Degree, Fire Technology, shall receive one payment of $200 as an educational incentive. Any member of the bargaining unit who earns an Intermediate, Advance or Master Fire Fighter Certificate shall receive payments of twenty dollars ($20) , forty dollars ($40) and sixty dollars ($60) per month, respectively. Certified Breathing Apparatus Technicians to be paid ten dollars ($10) per month only when required to work during that month. ARTICLE XIX. PREMIUM PAY All employees, except the training officer, who teach in the basic fire academy shall receive premium P pay in addition to any other compensation to which they may be entitled at the rate of $5 per hour for time actually spent teaching. ARTICLE XX. EDUCATIONAL 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 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 techno- logical changes occurring in his career field. 3 . Preparing the employee for assumption of new and different duties. 13 - f' Upon completion of course work for which the employee has received reimbursement from 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 XXI . CLOTHING ALLOWANCE Subject to the approval of the Chief, an employec', may receive either hip boots or a winter work jacket in lieu of his annual allotment of uniforms . All employees in the bargaining unit shall receive a clothing allowance of twenty dollars ( $20.0 �) per month. ARTICLE XXII. MILEAGE ALLOWANCE 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: MILEAGE BETWEEN FIRE STATIONS H 1 2 3 4 5 6 7 8 9 10 11 TG H .9 3 .7 3 .0 3 .7 .8 6 .7 1 .0 7 .1 5 .7 4.5 1 .7 1 .7 1 .9 4.6 2.2 4.2 1 .6 5 .8 1 .5 7 .4 6 .2 3 .2 1 .5 2 .6 2 3 .7 4.6 6.7 3 .3 3 .1 9 .3 3 .3 3 .9 5 .3 6 .9 5 .4 3 .4 3 3 .0 2 .2 6 .7 7 .2 3.8 7.3 4.0 10. 1 9 .2 3 .3 1 .3 4.1 4 3 .7 4.2 3 .3 7.2 3 .5 4.0 2 .7 4.0 2 .0 3 .8 5 .8 6 .3 - 14 - H 1 2 3 4 5 6 7 8 9 10 11 TG 5 .8 1 .6 3 .1 3 .8 3,5 6.9 1 .1 6 .2 5 .5 5 .7 2 .1 1 .1 6 6 .7 5 .8 9.3 7 .3 4 .0 6.9 6 .0 5 .7 2 .7 4.0 6 .1 7 .2 7 1 .0 1 .5 3 .3 4.0 2 .7 1 .1 6 .0 5 .8 4 .7 3 .5 2 .7 2 .0 8 7 .1 7 .4 3 .9 10.1 4.0 6 .2 5 .7 5 .8 4.2 7. 1 8 .8 6 .8 9 5 .7 6 .2 5 .3 9 .2 2 .0 5 .5 2 .7 4.7 4.2 5 .8 7 .8 8.3 10 4.5 3 .2 6 .9 2 .3 3 .8 5 .7 4.0 3 .5 7 .1 5 .8 ±; 3 .3 6 .0 11 1 .7 1 .5 5 .4 1 .3 5 .8 2 .1 6.1 2 .7 8.8 7 .8 3 .3 3 .3 TG 1.7 2 .6 3 .4 4.1 6 .3 1 .1 7 .2 2 .0 6.8 8 .3 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. Car allowances will be two hundred fifty dollars ($250) per month for those employees designated to receive car allowances. Any employee who keeps mileage records for six (6) months may have his car allowance reviewed. ARTICLE XXIII. HOURS AND OVERTIME PAY Section 1 . Suppression employees shall work shifts of twenty-four (24) hours on duty followed by forty-eight (48) hours off duty. Each employee working such shifts shall receive one (1) twenty-four (24) hour shift off during each three (3) weeks. 15 - "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 assignment of any employee to a forty (40) hour work week so long as the employee is not at the same time assigned to a piece of fire apparatus. ARTICLE XXIV. 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 XXV. INDUSTRIAL FIRES All firefighters responding to calls outside the city (whether on duty or called from off duty) , and all certified divers from the time called out until released, 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 XXVI . TEMPORARY PROMOTIONS Employees who are temporarily promoted shall be compensated at the higher rate of pay for at least one-half of one shift. ARTICLE XXVII. SHIFT DIFFERENTIAL Shift differential shall be paid to those employees assigned to a 40-hour work week as follows: basic wage, as set out 16 - in Article XVII, for employees assigned to the day shift; an additional $0.80 per. hour for employees assigned to the evening shift; and an additional $1 .50 per hour for employees assigned to the midnight shift. ARTICLE XXVIII. ASSIGNMENT PAY All personnel assigned to forty (40) hour work weeks consisting of five ( 5) eight (8) hour days shall receive as pay in addition to any other compensation to which they may be entitled at the rate of one hundred ($100) dollars per month. ARTICLE XXIX. STAND-BY PAY When arson investigators are officially designated stand-by duty, the member shall receive one (1 ) hour of pay at straight time for every eight (8) hours of stand-by or any fraction thereof, plus any overtime pay ( at normal overtime rates) when called out. ARTICLE XXX. WAGES Effective October 1 , 1986, the monthly rates of pay shall be as follows : Base Years Monthly Experience Salary Grade I Fire Fighter 0-1 1,526 1-3 1,789 3-5 1 ,874 5+ 1 ,921 17 - Years Base Monthly Grade II _ Experience Salary Engineer 0-2 2+ 2,051 2,096 Grade III Captain 0-2 2+ 2.228 2, 316 Grade IV Dist. Chief 2,536 Grade V Dep. Chief Grade VI � 2 , 757 Asst. Chief 2,934 The monthly rates of pay which were in effect April 1 , 1984, were increased by three percent (3%) less the amount determined by the parties to be necessary .to fund the health insurance program for retired and disabled employees provided in Article XXXI of this agreement. ARTICLE XXXI . INSURANCE Section 1 . Effective October 1 , 1986, the Employer shall provide all employees with $20,000 life insurance coverage. 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. Second opinion surgery benefit shall be included as shown in Appendix "A. " 18 - 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. -The Employer will provide a dental insurance plan for employees and their dependents. The first $15.50 of the monthly premium for this plan will be paid by the Employer. Section 2 - Pilot Retiree/Disabled Health Insurance. The City of Beaumont (herein "City") and the '! International Association of Fire Fighters, Local 399, (herein "Union") , have agreed to readopt the Pilot Retiree/Disabled>Health Insurance Program. (See Appendix "B" , which includes trust and established for retirees and disabled employees. ) Added coverage will include second opinion surgery and select a doctor of their choice to determine medical advisability of the proposed elective surgery and alternative methods of treating the condition. ARTICLE XXXII. GRIEVANCE PROCEDURE Section I . The purpose of this grievance procedure is to establish effective machinery 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 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 or any bargaining unit employee. Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings . 19 - s 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 knew 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 t! e 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 member, present 20 - the grievance 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. 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 committee 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 - Arbitration. A. In the event the parties cannot agree upon an arbitrator, either party may request the Federal Mediation and / - 21 - Conciliation Service to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right 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 . The powers of the arbitrator shall be limited as follows : 1 . He shall have no power to add to, subtract from, or modify any of the terms of this agreement. 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 Commission and to appeal from the Civil Service Commission to the District Court for the resolution of grievances as defined herein. - 22 - r ��' .2 Z` ARTICLE XXXIII. COMPLETE AGREEMENT 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 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. The parties agree that the Union, by its signing of this agreement, does not agree or admit that the Employer's ability to pay is an appropriate factor to be considered in negotiations, arbitration, or litigation to determine compensation and other terms and conditions of employment of members of the bargaining unit. The parties further agree that the Union, by its signing of this agreement, does not agree or admit that the compensation and 23 - Ae&,c3a x other terms and conditions of employment provided herein are in compliance with the requirements of Section 4 of Article 5154c-1 . 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 employment 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. 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 determinaticn 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. r ARTICLE XXXIV. IMPASSE PROCEDURE. 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 24 - a, + 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 mediate, 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 Annotated Civil Statutes of Texas, Article 5154c, Section 10(b) shall be specifically excluded and not apply herein. ARTICLE XXXV. NEGOTIATIONS TO COMMENCE "Collective bargaining, " as that term is used in Article 5154c-1 (7b) shall be deemed to have commenced on the earlier of 25 - y t. M1 July 1 or the date the parties first meet formally for the purpose of negotiation. ARTICLE XXXVI . EVERGREEN CLAUSE This agreement will remain in full force and effect beyond its term until replaced by a successor agreement or for one year, whichever is less, except that it is agreed that all pilot programs herein are specifically excluded from extension under this Article. ARTICLE XXXVII. DURATION OF AGREEMENT Except as otherwise provided herein, this agreement shall be effective as of October 1 , 1986, and shall terminate September 30, 1988. For the second year of this agreement, negotiations shall be reopened for the following specific articles: Article XXX, Wages; Article XXXI, Insurance; Article VII, paragraph 3, Appointment Procedure of the Assistant Chief; and a new article entitled Residency Requirement. CITY OF BEAUMONT ATTEST: By: 26 - INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 399 ATTEST: By: f ' p - 27 - APPENDIX "A" The employees and their dependents will be required to use the Program under the Major Medical Expense Coverage and will be given the benefit of selecting the doctor of his or her choice. When the employee or a dependent has a medical condition for which a surgeon has proposed to perform an elective surgical procedure the employee or the dependent will be covered by that second opinion surgery benefit; and ° When the surgery is to be performed while the patient is confined in a hospital as an in-patient or to an ambulatory surgical center, there will be coverage by that second opinion surgery benefit. (Confinement in a hospital as an inpatient means one or more days of hospital confinement for which a room and board charge will be made. The Second Surgical Opinion Program will not apply to emergency surgery or to surgery performed in a doctor' s office or in a hospital ' s outpatient department. ) Elective Surgical Procedure - A non-emergency surgical procedure scheduled at the patient' s convenience without jeopardizing the patient' s life or causing serious impairment to the patient' s bodily functions and is performed while the patient is confined in a hospital as an inpatient or in an ambulatory surgical center. The following categories contain the elective procedures for which a small benefit will be allowed in the absence of a confirming second or third opinion: Hysterectomy Varicose Vein Ligation Cholecystectomy (Gall Bladder) Deviated Septum (non-cosmetic) He rniorrhaphy Tympanotomy Intervertebral Disc or Spinal Appendectomy (non-emergency) Surgery A-1 d � Tonsillectomy and/or --- Tubes and ovaries (non-obstetrical Adenoidectomy and non-sterilization) Prostatectomy Joint Surgery Cataract Removal (Arthrectomies, Arthrotomies, Hemorrhoidectomy Arthroplasties) If the second opinion specialist does not confirm the advisability of the proposed surgery, a third opinion may be arranged (and will be paid for) in the same manner as the second. f A-2 APPENDIX "B" Hartford Insurance will provide medical coverage for fire fighters retiring or becoming disabled after April 1 , 1984. The term of this agreement shall be October 1, 1986 to September 31 , 1987. The program described herein shall be an 12-month program commencing October 1 , 1986. Retired or disabled employees desiring to participate shall contribute $80 per month for such employee, $150 per month for such employee and one dependent, and $200 per month fora family coverage. These monthly amounts shall be paid into the trust fund established herein. In addition to the monies paid into the trust fund by the retired or disabled employee, the City will contribute an amount equal to 1 .1 percent of fire fighter wages as of March 31, 1984, into the trust fund (because City and Union have reached an agreement to fund a pilot health insurance program for retired and disabled employees with the City contributing 1% of fire fighters wages effective March 31, 1984, into the program) . Should the trust fund require other monies to sustain the insurance program, the City agrees to contribute a maximum of $10,000 into the fund during the twelve ( 12) month program. Payment shall be made on a monthly basis. For the term of the pilot program herein described, premiums shall be paid to Hartford Insurance out of the trust fund as follows : B-1 the greater of $4, 167 per month or (number of participants) x $600 The premium herein established shall provide medical insurance for the plan year (October 1, 1986, to September 30, 1987) . The City will be responsible for payment of the premiums out of the trust fund and shall hold the trust fund at interest separate and discrete from other City monies. City will provide a certified audit of the fund to Union at the time the annual City audit is completed. Participation in the health insurance program for retired or disabled employees shall be limited to those who are eligible for retirement or disability benefits under the Fireman' s Relief and Retirement Fund of Beaumont, Texas. Coverage provided by the program will be substantially the same as that provided to active fire fighters. Retired or disabled employees participating in the plan are required to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, if eligible, under the U. S . Government Medicare Program. Failure to become a subscriber as required herein will result in the participant' s exclusion from the program herein established. B-2