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HomeMy WebLinkAboutORD 77-19ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 12-20 OF THE CODE OF ORDI- NANCES 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, INTERNATIONAL ASSOCIA- TION OF FIREFIGHTERS; AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976; AUTHORIZING SETTLEMENT OF CAUSE NO. D-104,181 STYLED LOCAL NO. 399, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS VS. CITY OF BEAUMONT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO MAKE ALL PAYMENTS RE- QUIRED UNDER SAID LABOR AGREEMENT AND AGREED JUDGMENT; PROVIDING FOR SEVERABILITY; AND REPEALING ALL CON- FLICTING ORDINANCES. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Section 12-20 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 12-20. Grades and Classifications in Fire Department. All positions in the Fire Department in the City of Beaumont, Texas, are hereby classified in the following grades, each grade having duties of sub- stantially similar authority, impor- tance, and responsibility: (1) Grade I. There shall be ninety-six (96) positions in Grade I, said positions to include firefighters. The base pay of every firefighter with less than one (1) year's service shall be Nine Hundred Thirty And No/100 ($930) Dollars per month; the base pay of every firefighter in this Grade with more than one (1) year's service but not more than three (3) years' service shall be Nine Hundred Sixty Eight And No/100 ($968) Dollars per month; the base pay of every firefighter in this Grade with more than three (3) years', service but not more than five (5) years' service shall be One Thousand Twenty One and No/100 ($1,021) Dollars per month; and the base rate of pay of every fire- fighter in this Grade with five (5) years or more service shall be One Thousand Forty Eight And No/100 ($1,048) Dollars per month. (2) Grade II. There shall be fifty-nine -77 3 3/59 (59) positions in Grade II, said positions to include fire. -prevention investigator I and fire engineers. The base pay of every firefighter -:'.in this Grade with less than five (5) years' service in this Grade shall be One Thousand One Hundred Twenty Nine And No/100,($1,1.29) Dollars per month; and the base pay of every firefighter with five years or more service in this Grade shall be One Thousand One Hundred Fifty Six And No/100 ($1,156) Dollars. (3) Grade III. There shall be forty-two (42) positions in Grade III, said positions to include fire captains and fire preven- tion investigators II. The base pay of every firefighter in this Grade with less than five years in this Grade shall be One Thousand Two Hundred Thirty -Six And' ;No/100 ($1,236)'Dollars per month; and the base pay of every -firefighter in this Grade with.:"f ive :,(.5) - years_ .or more in this Grade shall be One Thousand Two Hundred Ninety And No/100 ($1,290) Dollars per month. (4) Grade IV. There shall be twelve (12) positions in Grade IV, said positions to include district chiefs, fire dispatch supervisors, fire marshal and training officer. The base pay of every firefighter in this Grade with less than five (5) years in this Grade shall be One Thousand Three Hundred Seventy -One And No/100 ($1,371) Dollars per month; and the base pay of every firefighterfin this Grade with five (5) years or morein this Grade shall be One Thousand Four Hundred Twenty -Four And No/100 ($1,424) Dollars 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 with less than five years in this Grade shall be One Thousand Five Hundred Five And No/100 (.$1,505) Dollars per month; and the base pay of every -firefighter 'in this Grade with more than five (5) years in this Grade shall be One Thousand Five Hundred Fifty Nine And No/100 ($1,559).Dollars per month. (6) Grade VI. There shall be one (1) posi- tion in Grade'VI, said position being assis- tant fire chief. The base pay of each firefighter in this Grade.shall be One Thou- sand Six Hundred Sixty Six And No/100 ($1,666) Dollars per month. Section 2. That the City Manager.be, and he is hereby, authorized to execute a labor agreement with Local No.-399,.International -2- &Ld l 17-0 Association of Firefighters,•a copy of which is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. Section 3. That the budget of the City of Beaumont for the fiscal period beginning October 1,:1976, and ending Septem- ber 30, 1977, is hereby amended by appropriating -the sum of One Hundred Sixty Thousand And No/100 ($160,000) Dollars from New Revenues and the sum of One Hundred Thirty Five Thousand And No/100 ($135,000) Dollars from the General Fund Balance in the following amounts to the following accounts: Account No. 34-101 $243,000 Account No. 34-105 24,300 Account No. 79-413 27,700 Section 4. That the City Attorney be,.and he is hereby,:autho- rized to enter into an agreed judgment in Cause No. D-104,181 styled Local No. 399, International Association of Firefighters vs. City of Beaumont, incorporating the terms.of the labor agreement executed pursuant to this ordinance, providing for the payment to the International Association of Firefighters of attorneys' fees not to exceed $25,000, and providing for the payment by the City of Beaumont of all court.costs incurred. Section 5. That the appropriate city officials are authorized to make all payments required under said labor agreement and said agreed judgment. Section 6. 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, 1976. Only Section 1 hereof shall be published in the Code.of Ordinances of the City of Beaumont. -3 Section 7. 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. Section 8. 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,. 1977. Mayor - WIC -7-7 19 THE STATE OF TEXAS COUNTY OF JEFFERSON DRf X H l ! ''A 1 `7 X 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 domi- ciled in the State of Texas; herein referred to as the "EMPLOYER", and Local 399, International Association of Fire Fighters, here- inafter referred to as the "UNION". ARTICLE I. IN'T'ENT 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 main- tain a sound economic basis for the delivery of public ser- vices; and to provide for, -the operation of the services_ deli- vered 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 e_Dployees in the Fire Department, excluding the Fire Chief. In the event that legislation is a_r,ended or changed to re-aeflne the composi- tion of the bargaining unit, the parties will comply on the e_f_actltiP_ date of ai_y sl_]ch red"eral 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 activitiy in behalf of, or membership.in, the Union.. The Union agrees that it will not coerce or inti- midate any employee.into joining the Union. The Union and. Employer recognize that no employee is required tojoin 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. 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 giverning.conduct and safety, the right to determine schedules of work toge--her with the right to determine the :methods, processes and manner of performing ::or=k, the deter- methods, Of the S1Z2 Of the workforces the assig^ ent of `.•�Ork to e iployees ithin the dei ark_�i n ii't' ;e t, -;e deme i_nacion -2- 0 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. 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. 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 considera- tion of seniority. In the. -event an employee believes he has just cause to disagree with a promotion or demotion, he may resort to the grievance procedure under 1269m. In the event am employee believes he has just cause to disagree with a transfer made by the Employer, he may resort to the City grievance procedure.° The employee may be assisted by the Union. 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 other - :vise support any strikes, slow -dot -,-ns, pic''_etingg on-?ploYer' 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. Them-. Employer agrees .that itIwill 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 pen- alties in accordance with Section 17 of the Fire and Police Employee Relations Act; Collective Bargaining, dated August -27, 1973, for violation of Section .l 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, which may be used exclusively by the Union for the following notices: 1) Notices of Unioni.mee.tings. 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 small not be mutilated, destroyed, or defaced by the employees. If sasTie should occur, the affected e-:ployee shall be subject to disciplinary action. -4- 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, orsubdivisions nor'shall such notices be deroga- tory 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 representative's -shall be furnished to the employer imme- diately 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 per- mission may not be withheld for more than eight 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, pro- vided 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 A'-'1�<<. �0-17 off to conduct local union regular meetings and no more than three special 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 3 shifts to attend Bi -annual International Conventions.. B. Three members granted 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. Per- mission may be granted or denied by Employer. ARTICLE IX. RULES & REGULATIONS Employees in the bargaining unit shall comply with Fire Department rules and regulations including those relating to conduct and work performance. A. The Employer maintains the richt to establish, amend and modify rules from time to .time. Reasonable changes ill be made in the wfollowing _Wanner: 1) Employer will consult with Union prior to effective date of chance, and Union will be allcwed to express its, sugcestions'and objections prior to posting. 2) Changes will.be published so that all employees are advised of the chances. 3) All rules will be administered and applied fairly and equitably. ARTICLE X. MAINTENANCE OF STANDARDS Nothing contained in this agreement shall be con- strued 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 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, acci- dents, 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. Union appointees shall be from the same shift (A, B, or C) and shall serve for a period of six (6) months, after which the Union will appoint new committeemen from another shift. 3. The joint committee shall meet as often as nec- essary but not less than once each month at a regularly sched- idled time and place to be set by management for the purpose of jointly considering, inspecting, investigating and review- ing health and safety conditions and practices and investi- gating accidents, and for the purpose of effectively making constructive recommendations '.aith respect_hereto. 4. All matters considered and 'candled by the com- m?ttee shall be reduced to writing, and point mZnutes of all meetings of the committee shall be Ynade and maintair;ed, and r___ t -,..-.o COpZeS thereof Shall befurnished 'k -O -L-ha l:,nlOn. 5?1Ch M-7 reports are for internal use only and shall not be disclosed to the public by either the Union or the Employer. 5. Time spent in committee meetings by Union repre- sentatives, including walkaround time during joint inspections and investigations, shall be considered and compensated for as regularly assigned work. 6. The joint committee shall have the power.to recommend safety improvements to the Department- Chief, in- cluding target dates, where appropriate. In the event the committee recommendations are not effected by the target dates agreed upon the.cornu-nittee has the-prerogati,ve to refer its reco�ritmendation (s ) to the City Manager. 7. The Employer agrees to provide a chest x-ray and examination for heart defects once each year, upon request of the employee. 8. The joint safety committee will -cooperate with and coordinate its activities with the Safety Department.of the Employer. ARTICLE XII. 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 City Manager will not approve any applications from employees until they have completed their six month probation period. The course work >-r!ust relate to the applicant's r e nt poslf:lGn for the purpose of: 1_ L-!pros✓lilg Skills Gr`rCe re ,ah red In is Present position. 2. Pre—paring the ei-ilolovee for s n J_ 'L i cant t echno- logical changes occ-_;rri ng in hi s creer Ti eld. 3. rC. =e Cr c._ --s - -'31 Lei J L C di cre �t cuties. 4. Preparing the employee for assumption of new and different duties. 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. SECTION XIII. ` 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 rate of thirteen cents ($.13) per mile.- Mileage between fire stations..shall be based'on the following: :MILEAGE BETWEEN FIRE STA'T'IONS C 2 3 4 5 6 7 8 9 10 11 TG �-T3.7 3-0 3.71 -8 -6.7 1.0 7.1 _91 4-5 1.7 1-7 3.7 6.7 3.3 3.11 9-3 3.3 3.9 4--6 6.9 5.4 3.4 ( 3-01 6.71 7.2 3.81 7-31 4-0 10.1 2.21 3.31 1.31 4-1 3.71 3-3 7-2I 3.51 4.0 2.7 4.0 4-21 3-8-1 5-8 6-3 -8 1 3.1 3.8 3-5 1 6.91 1.1 6-2 1-61 5.71 2.1 1 1.1 6.]7- 9.3 7.3 4.0 6.9 1 6.01 5-71 5.81.4-01 6.11' 7-2- 1-01 '3-3 4-01 2.7 1_.11 6-0 5.8 1 1.5 3.51 2.7 2. 0. 7 11 3-9 110-T14-0 6-21 5-7 5.81 i 7.4I 7.11 8.81 6__8 _91 4.6 2.2 X4_2 _ 1.61 5.81 1_51 7.41 1 3.21 _1.51'-2.6 4-51 6 9 1 2-3 3-8 5-71 4 01 3-5 7.11 3 2 1 . 1 3. 3 6.0 1.71 5_41 1.3 1 5.81 2. 1 6.11 2-71 8-81 1.51 3.3 1_3.3 1-713.4t4_l� 6.3 1.1 7.2 2.0 6.8L61_6_0 3.3 -9- _ This article shall not apply to employees who re- ceive car allowances. Payment of mileage due hereunder'shall- be made quarterly.- Each use of a personal automobile must be authorized by the deputy chief'of duty. Employees shall be required to file quarterly mileage reports on forms furnished by the Employer. ARTICLE XIV. UAr1h PTr1'KTC ZATTn TPr)T_Tlave 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 cal- endar year. The following holidays will.be,recognized:: New Years Day Good -Friday Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Day Easter Sunday any any other holiday declared by the Employer. 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 se- lected one cycle, each employee shall choose.a second vacation cycle. If manpower permits, an employee _nay, upon his request, ta':e t -,o vacation days -- {one shift) with approval of his Deputy Chief. -10- • �. as -� �. �1 c� 1 7 ARTICLE XV. PAYROLL DEDUCTION OF DUES. The Employer agrees to deduct, one 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 amoun.t.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 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 (10%) percent of each employee's salary. ARTICLE XVII. BASIC RATE OF PAY "Basic rate of pays" for -the purposes of computing overtime pay (including callback pay) equals annual salary divi- ded 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. HOURS AND OVERTIP-iE PAY Except for those employees designated to work a forty (40) hour week, employees shall work shifts of twenty- four (24) hours on duty followed by forty -eight -(-48) hours off duty. Beginning October 1, 1977, each employee tijorking such shifts shall receive one ti•:enty-four (24) hour shift off during each six (6) weeks. Beginning October 1, 1978, each eTlployee '.=king such shifts shall receive one (1) -- enty- four (24) hour shift off during each three (3) - ee s— Overtime pay or co,:pensatory ti: -,,e o=f shall be in accordance with depart-. erital pollci es and D " ctices In elcfect on Ocroher 1, 1976. . � -� 97 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. INDUSTRIAL FIRES All firefighters responding to industrial fires outside the city (whether on duty or called from off duty) 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 mont. Start to 1 year $ 930 1 year to 3 years 968,_ 3 years to 5 years 1021 5 years or more 1048 GRADE II. 0-5 years $ 1129 5 years or more 1156 GRADE III 0-5 years $ 1236 5 years or more 1290 GRADE IV 0-5 years $ 1371 5 years or more 1424 GRADE V 0-5 years $ 1505 5 years or more 1559 GRADE VI $ 1666 ARTICLE XXII The T:nployer agrees to pr.vik:e each e-iplol-ee covered by L 11s a,,7rLGment with $10,000 in '_,_ rn l i fe i �surnhce. The Employer agrees to pay one-half (1/2) of the cost of each employee's dependents' group health insurance. ARTICLE XXIII. COPIES OF AGREEMENT 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. COMPLETE AGREEMENT CLAUSE Section 1. The parties hereto acknowledge that during nego- tiations 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 agree- ments 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 know. ledge or cont e*tzplation of either or both of the parties at the time they negotiated or signed this agreement. It being specifically provided that there shall be no further negotiations except byt g ,���.�t-cal agree.:,.I�_�� rn �tiri1_�n of any subjects above mi.enticned. i -13 Section 2. The Union and the Employer agree that this agree- ment 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 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. ARTICLE XXVI. DURATION OF THE AGREEMENT This agreement shall be effective as of the lst day of October, 1976, and shall remain in full force and effect until the 30th day of September, 1979. Each year during the term hereof the parties may renegotiate pursuant to Article 5154c-1 (including all remedies therein provided) the following terms only: basic rates of pay and the Employer's contribution to the cost of dependents' group health insurance. EXECUTED this the day of 1977. ATTEST: President, Local No. 399, !AFF Secretary ATTEST: City Clerk Section 2. The Union and the Employer agree that this agree- ment 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 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. ARTICLE XXVI. DURATION OF THE AGREEMENT This agreement shall be effective as of the lst day of October, 1976, and shall remain in full force and effect until the 30th day of September, 1979. Each year during the term hereof the parties may renegotiate pursuant to Article 5154c-1 (including all remedies therein provided) the following terms only: basic rates of pay and the Employer's contribution to the cost of dependents' group health insurance. EXECUTED this the day of 1977. STT" S1T: President, Local lvo. 399, !AFF Secretary ATTEST: City City Clerk