HomeMy WebLinkAboutRES 81-160 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 labor agreement with Local 399, of the International Association
of Firefighters in the form as attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of iy �c.�.�- . 1981.
Mayor
PRo-�
THE STATL OF TrXAS
. A.-Y OF jEFFERSON
COUN"
A C R E E M E N T
T,his agreement is -ade and entered into by and between -'L'he
Citx-,, of �ljcaumorit, a r::unici--)al cor-,'..)aration doi,,iciled in the State c>f:
Texa.s, herein referred to as the 'EMPLOYER" , and Local 3199,
internat.-Lic. tat k, sociation of Fire Fighters, here ina-fter rc-fzerred to
as -12)EE.' OUNIFON" .
ARTI-C-LE T
INTENT AND PURPOSE
It is the general purpose of this agreement to proMote t1--c-
mutual interests of the Employer and the Union; to provide for
equitable� and peaceful adjustments of differences which may arise;
establish proper standards o wages, hours and other conditions 01
emaplcr-rment which will provide and maintain a sound econoric basis f,----
the delivery of public services; and to provide for tie o ✓eration ci
t services de-livered by the City under method's which will further ,
t` the fullest extent possible, ecoriomv and efficiency of operatio-n ,
c1l' imin-ation of waste, realization of maxiunu,-, quantity and quality cj17
ojt-put, cleanliness, protection of property andA avoidance of
interruptions to service. The parties to this agreement will
cooperate fully to secure the advancement and achievement Of t,'.es&
u r F,c s o E;.
t�kTTCLE II.
RZCOGNITION
Section 1. Tkl-..-c- Emplove.- recognizes the Union as the
barqainin:; agent for all perrlluanent paid en,-1C)"'-eeS in t-!& _jr?
Department, excluding tre 'Fire Chief. In the event t-.at lec:isl--,!:,
- anged to —,Iefine the composition of the barca--*-.-- ,--',
s amended or ch -- A- L
unit, the parties will- on the effective date of any such
Federal or Ptah: legislation.
EXHIBIT "A"
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 i-,-iem.bership 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
tine right to choose of his own free will as to whether or not he wili
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.
ARIAIIICLE IV.
MANAGEMENUP PIGHTS
Except as otherwise sl)ecij'ica---L'Lv provil6ed hierein, the
ioanagem,ent of the City of Beauu-iont shall nave cirection of the work
force, inclu6ing but nut 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 positions,
the right to make rules and regulations gcverr----'Ln-2 c,->Ti;`tuct rnd, safety,
the right to determine schedules of work together with the right t--
-ne me-1-bods, processes an6 manner of Ferfcrring work , the
determination of the size of the work force, the assig-nnient, of wo-Li%
to eriplc-yees within the department, the deterrination of -policy
affecting trie selection of new employees, tiie ria.%t to
performance r!easurenents and standards, whe-re no such measurements or
standards exist, and tc revise these or existing measurements and
standards Ll" required and to im-,Dlement -,--'roc;rarrs to increase the cost
effectiveness of departmental operations if research dictates the
need for such programs. The above rights are vested exclusively in
the F--.irployer, as are all other rights excluding those rig!Zit-s which
are superseded by this aqreement, 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 for Grade I. Seniority shall be from date ol:,
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 Lie made by the
-
Employer on the basis of merit with due considerat ion of seniority.
The employer shall maintain a list of vacated prositions for a periau
of at least ten ( 10 ) days. Vacated positions may be temporarily
filled for such periods. Applications for vacated positions shall be
-ubr
n,itted 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, slow-downs, picketing on Dr.-plover' s premises, or any
other fon~ of work stoppage or interf:erence with the business of the
City , and -;411 cooperate with the Employer in preventing and/or
haiting any such action. Tile E-Izployer agrees that it gill not
authorize, ratify, encourage, or otherwise support any 'Lockout durir,�;
the terr. of this agre(2r.-ent.
Section 2. The Lmployer s1riall have the right to impcse penalties in
accordance with Section 17 of the Fire and Police Employee Relations
Act; Collective Bargaining, dated August -417 , 1973, for violation of
Section 1 of x1trticle V! herein.
GENEIAL
Section 1. - Parking. The Employer shall provide, without -cost, to
em-loyces on duty adeC_Iuat • parking space adjacent to all Fire
Department facilities ant: 17ire stations.
Section 2. - Bulltz),tin Boards.
A. The 1�mployer agrees to provide space for bulletin
boards, which nay be used exclusively by the Union ior the
notices:
I . Notices of Union rieetirigs.
2. Notices of Union elections and the result
where they pertain to the Employer' s employees.
3 . !`DtJces of Union recreational and social
events* ,
4 . Othor lotices concerning Union affairs.
I t is agreed that all other notices prior to. being
Posted shall be submitted to the Emplo L
or for its approval.
n Y
C. It is further agreed that all notices including those
posted by the Union as provide-- for herein _an6 those posted la-y the
Ei,�ployer S_11fall not be ii-,-utilated , destroyed, of defraced by thE!
c-M!,I OYe C 6 It sa-we should occur, the aftectc-Q e1niDioYee sliall be
subject to disciplinary action.
D "ATIc- 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, er-i-,plo-yees, departmerits, or
subdivisions nor shall such notices be "'ero-gettory or critical of the
services, techniques or mothods of the Employer.
E. T--here nhall be no nther general distribution or posting
by empl�yyees or thie Union cl- pzi-nphlets, a(lvertlsinq or politica!
ratters, notices , or ary kind of Iiterature upon the Employer' s
r em i F iv ot'.1er t1;.n as herein provic1ed.
AR11 1C LI-E Viii.
URION RLUSirLSS
Section I. A written list of Union st.-awards and ether cf-ficers and
representatives shall 1,-e furfliehed to the erployer immediately after
4
their designation anc3 the Union shall notify the Enployer 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
work-Ing hours without loss of pay to investigate and settle
grievances provided that steward shall request permission from his
deputy ch'Lef. Permission may be withheld by the deputy chief
of operating requircment-s but such perm_JLsion rr:ay not be withheld f:r
more than eight (8 ) hours except in emergencies.
Section 3. Off-duty ernployees shall not reside or loiter or.
departji,,ent premises- , but will be allowed to enter the premises for
access to thtAr own locker, posting bulle-cins, processing grievance.:-,,
delivering notices, or departmental tl-_-Jusiness, 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 ocf:-f
to conduct local union reaular meetings and no more than three
special called meetings per contract year.
Section 5. No snore than two members of the 'Union negotiating te-air
shall be allowed time off for all meetings which are mutually set by
the EmT>lover and the Union.
Section 6. Except as otherwise herein provided, the internal
business o-.;L-- the Union shall be conducted during non-duty hours of the
eriiT)lovees involved.
Section 7 . Emiployees elected to Union office and/or elected
delegates shall be granted time to perform their Union functions,
includinq attendance at joy-related conventions, conferences and
seminars witncl.r loss pay, as follows:
A. rllwo mer-, bt-rs granted three ( 3 ) sh*Lfts to attend
Bi-annual International Conventions.
B. Three me-mbers granted two ( 2 ) shifts to attend
Ri-annual State Conventions.
C. Union will request Employer for time off for any rju-,ber
of roiexiber-5 to dtcend job-i-e-lateC.'i 1:'.,ri- ission may be granted
or denie,3
ARTICLE IX.
RULES & RIEGUL�MONS
A. Employees in the bargaining unit shall comply with Fire
Department rules and regulations including those relating to conduct
and work performance.
B . The Er.ployer maintains the right to establish, amend
and floc ify rules from tine to time. Reasonable changes will be Y.�ade
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 publisned so that all
employees are a6vised of the changes.
3. All rules will be administered and applied
fairly and equitably.
ARTICLE: X.
MAINTENANCE OF STANDARDS
Nothing contained in this agreement shall be construed as
repealing any lawful recogniZed benefit provided through the
uepartvi&nt for employees of the diepartment, and no employee small
inadvertently suffer any loss of wages, hours or working conditions
by reason of the signing of this agreemient.
ARTICLE XI.
HEALTB 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-Emylo,
e r
health and safety committee , consisting of an equal number of Union
and L'mployer representatives, of not less than two ( 21 ) nor j-..ore
four ( 4 ) each.
2. The joint committee shall meet as often as necessary
but not less than once each month at a regularly scheduled tine and
place to be set by manageri-,ent for the purpose of jointly considering,
inspecting, investigating and reviewing hc-_-elth and safety conditions
and practices an6 inveztigating accidents, and for ILI.-he
L'urpose 01
effectively making conztructive recommendations with respect
thereto.
3. All r,-ratters considered and handled by the comrAttee
shall be reduced to writing, and joint minutes of all meetings of the
committee shall be made and raintained, and two copies t.hereof C_-half
be furnislied to the Union. Such reports are for internal use only
and shall not be disclosed to the public by either the Union or tht-
4. Time spent in committee meetings by Union
representatives, on duty, including walkaround time during joint
inspections and investigations, shall be considered and compens"- ted
for as regularly assigned work. Time spent in conuriittee meetings 1-:-I.-
Union representatives while off-duty shall not be compensated.
5. '11'he joint committee shall have the power to recommend
safety improvements to the Depetr-LMent Chief, including target dates,
where appropriate. In the event the comircittee recommendations are
not effected by the target dates agreed upon, the committee has the
prerogative to refer its recomxi-.endation(s) to ICINe C-ity Tanager.
6. The Employer agrees to nrovide a chest x-ra,,?
i
examination for heart defects once each year and to forward the
results to the employee, upon request of the employee.
7 . The joint safety comr-Attee will cooperate with and
coordinate its activities with the Safety Depart-m.ent of the
Employer.
ARTICLE XII .
f,,17Ar
EDUCAT'N- i 1, DIFFERENTIAL
Any full-tire er-ployee of tl-.e Fire Depart--ment approved by
the Citv Manager to enroll in a cou-_rse will be for all
books, and fee costs related to the approved course upon proof o_f:
having completed the course with a grade of "C" or Letter. The City
Manager will not approve any applications from eriployees until they
have completed their six month probation period.
7
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 eirployee for significant techno-
logical 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 lees,
received reimbursement Frog: the City for books and fee costs, the
employee must remain i-ri the service of the City for one year,
otherwisc- all sums paid by the City mus": be reinbursed by the
em.ployee to the City.
-A!",TICLE 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 official city rate. Mileage between fire stations shall be
on the followina:
MILEAGE BE1714EEN FI-KE ST-ATIO14S
C 2 3 4 5 6 7 6 9 10 it TIC-5
C 3.7 3.0 3.7 .8 6.7 1.0 7. 1 .9 4. 5 1.7 1.7
-1 5
2. 3.7 6.7 3. 3 3.1 9. 3 3. 3 3. 9 4.6 6.9 D.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 i . 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 riot 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. Lmploycez shall be required to file
quarterly mileage reports on forms furnis.-Jed by the Employer.
Employees designated to receive car allowances shall
receive $175 per month. Any employee who keeps mileage records for
six (6 ) months may have his car allowance reviewed.
AR121CLE XIV.
VACATIO14S AND HOEIDAYS
Umplayees in the Fire Department shall earn 1-1/4 vacatic-n
days for each north of service. All vacation tire earned in a
calendar year imusil-- be taken in the following calendar year.
The following holidays will be recognized:
New Year' s Day
Good Friday
Easter Sunday
mienorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
and any other holiday declared by the Eriiployer.
Employees required to work on a holiday, or employees whose
day off falls on a holiday , shall have one day for each such holivay
added to their annual vacation.
4on.
For the purposes of this paragraph, one shift equals two
days.
The LT:iployer w'ill develop an annual vacation schedule of
twenty cycles. The Empluyer shall determine the nur-ADer of employees
in each grade on each shift who n�ay schedule vacations in any orle
cycle. Based upon seniority in grade, each employee si)all cnloo-se One
vacation cycle. After each employee has selected o.ie cycle, cacti
employee 'shall choose a second vacation cycle. If manpower permits,
an employ"ee may, upon his request, take two vacation days (one
shift) 'xAth approval of his Deputy Chief.
9
Each inember of the barCafning unit with ten (10 ) years otC
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 vaca,,I--i(-,n days.
ARTICLE XV.
PAYROLL DEDUCTIOlt. OF DUES
The Employer agrees to deduct, once each Tm.onthr dues and
assessrients, in an arnount 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 Tmade. The total amount of
t
deductions shall be remitted, each month, tooether wi ith, the names of
the employees from whom dues have ;lean collected, bv, the Employer to
the Treasurer of the Union. This authorization shall remain in full
force and effect during the term of this agrecoent. The Employer
shall forward to the Union a copy of all authorization or
cancel."Lations of voluntary deduction of union dues by empioyccs in
the unit.
ARTICLE XVI.
PENSION
Tice Ep.ployer shall contribute to the pension fund an c-i�,uunt
equal to ten ( 10%) percent of each employee' s salary.
ARTICLE XVII.
BASIC RATE OF PAY
nBasic rate of pay," for the purp-o-ses of computing overt.Jaoc-
pay ( including callback pay) equals annual salary divided by 2,060
hours. Chvertime shall be paid at the rate of 1-1/2 each emqnlo:yee' --
"basic rate of iav" for overtime nurooses.
ARTICLE XVIII.
S
HOUR S VIE
I Ai.'-D GVERTI PAY
Suppression eipplovees shall work shi-fts of twenty-four ( 2,4)
hours on duty followed by forty-eight (48) hours off duty. Each
employee working such shifts shall receive one ( 1) twen".-y-four (24)
hour shift off during each three (3 ) weeks.
10 -
"Suppression empplOYees" are those employees pern.anently
assigned to a piece of fire apparatus, excluding the Assistant Chief
and the Deputy Chiefs. This provision shall,. not prevent tliie
.1
permanent or temporary assignif,ent of any czpicyee to a forty! (4 0)
hour work week so long as the employee is not at the same time
assigned to a piece of sire apparatus.
ARTICLE XIX.
CALLBACE PAY
All employees covered by the terms of this agreei%ent who
are called back to work from off-duty shall be guaranteed the right
,o vio rk at- least two hours mdinimum at 1-"/2 times the basic mate of
pay.
ARTI'CLL XX.
INDUSTRIAL 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
C..-c>uL-Ie tii��e, i.e. , twice their basic hourly rate . Such double-tire
pay shall exclude any other overtime pay that might otherwise I'e
aoplicable.
ARTICLE XXI.
WAGES
The bE-sic wages in each grade shall be as follows:
GRADE: I Per Month
Start to 1 year $ 1245
1 year to 3 years 1346
3 years to 5 years 1412
5 years or more 1446
GRADE II
G-2 fears $ 1545
2 years or -.ore 1579
GRADE iis
0-2 years $ 1678
2 years or more 1745
GRADE IV $ 191
GRADE V $ 2077
GRADE VI $ 2210
"R-TICLE XX'I*
I12SURARCE
The Employer shall provide life insurance protection as
follows:
Grade 1 $10,000
Grade 11 12,500
Grade 111 14,000
., 6,000
Grade IV L
Grade V 1-7 ,500
Grade VI 17 ,500
The antplover agrees to pay the cost of each enployee' s and
each employee' s dependent's group health insurance . Group health
insurance benefits shall not be less than tt)c)se in effect on February
1 , 1980. TD e -,.i n ir-aurn benefits unay be mod i f ied by the Employer with
the prior consent of the Union, which consent shall riot be
unreasonablv denied or delayed.
The &-ployer will provide a dental insurance plan for
employees and their dependents on or before April 4 , 1981. r1b e
first $15.50 of r)onthly premium for this plan will be paid by the
En p.L 01,E r.
2
ARTICLE JXXIII .
C-
OPIES OF AGREEMENT
The Eimplover agrees to furnish each cruployee covered by
this agreement with one copy of this agreement.
ARTICLE XXIV.
D'Ekkill IN, FMILY LEWE
In tl-ie event of a death in the ir-.-iroediat-e family of an
employee, the erployee shall be granted up to four (4 ) days (2
shifts) off with pay. The irarediate family shall be defined as
spouse, children, mother, fatter, broth-er and sister of the Onployee
or the Spouse.
All employees, except the training officer, who teach in
the basic fire academy shall receive premier ii pay in. addition to any
other compensation to which they irzy be entitled at the rate of $5
per hour for time actually spent teaching.
12
ARTICLE XXVI.
GRIEVANCE PRCCEDURE
SEC ION 1. The purpose of this grievance proce6urle is to
establish effective machinery for tho 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, the Employer, or any bargaining unit employee. Manage-ment
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 gust be
submitted within --Fifteen ( 15 ) calendar days of the date upon vhicIz
the nember knew of or should have known o,.-' the occurrence, or
occurrences in the event that 1--he grievance alleges a iDattern or
practice of the Employer in vio'ation of this agreement, giving rise'
p - L L
to the grievance.
B. A grievance not brought to the, attention of the Union
grievance committee within the time linit f3escribed shiall not be-
considered timely and shall be void.
C. The tire limitations described herein may be waived by
mutual agreer-.ent in writing by the aggrieved and the appropriate
management official.
D. Any Tnernber who is, aggrieved shall submit Iiis crievance
within the tir,-,e limitations s°�ecifie6 above to t!)e Union' s grievance
committee. Within fifteen (15 ) calendar days of receipt of the
grievance, the committee shall determine if a valid grievance exists.
13
It, in the opinion of the committee, no grievance exists, the
committee shall notify the viemtber 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 mc-T&er, present the
grievance in writing to the office of the Fire Chief for adjust-rent,
- all
provided that written notice of grievances sh suffice in the case
of individual disciplinary grievances.
I
F . If within. seven (7) calendar days, the grievance has
riot been settled , tiie corurittee or its representative shall subirtit it
to the office of the Cite Manager for ad4ustment, 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 grievarce
be su-1-mi-tE-ted to arbitration.
SECTION 3 . Grievances submitted by the Union shall �1c-
s ubmi t t-e to re n writing within fifteen (15 ', calendar
L f i-
-ft
days from the date urn which the Union knew or should have known of
the occurrence or occurrences giving rise to the grievance.
A. Ii within seven, (7 ) calendar days, the grievance has
not been settled, the committee or its representa'l-Ave shall subMit it
to the City Manager for adjustment.
B. If within seven (7) calendar da-7s, the grievance has
not been settled , the committee or its representative may make a
written rc-quec--t- to the City Manager that the grievance be sub-TAtted
to arbit-rat-lon.
SECTIG-IN 4. Grievances by the Eriployer shall be submitted
to the union president. If within seven 17 ) cale'-Qfar days, the
grievance has not been settled, management may nake a written
recuest to the union president that the grievance be subrctitted to
arbitration.
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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 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. glee
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 authcrity shall be final and binding upon the parties.
D. Costs and expenses for the services of the arbitti-ator
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. einployees agree that with the adoption of this
grievance procedure, they hereby relinquish their right to appeal to
the Civil Service Conimission and to appeal from the Civil Service
Commission to the District Court for the resolution of grievances as
defined herein.
'-PTICLE XXVII.
COMPIL-L'TE P'GRE_*'_',qENT 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
15
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 Eri-Iployer and the Union, for the term of this agreement, each
voluntarily and unqualifiedly, waives the right and each agrees thiit
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 su'Z;4ect or mmatt-er may not have been
within the knowledge or contemplation of either or booth of the
parties at the time they negotiated or signed this agreement.
It is specifically provided that Uhle-re shall be no fu_rth�r
riecotiations excf-ut reutual agreeme.n.t.- of any subjects abcv-
mentioned.
Section 2. The Union and the D-r-iployer agree that this agreement is
intended to cover all matters affecting waves, hours, and other terns
and conditions of employmnent and similar or related subject:. Durinc
the tent, of this agreement, neitilier the Employer nor the 'Union -.1.11
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
rodifications shall become effective.
Section 4. ii 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 comPliJance 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 agree?-,,ent shan' remain in full force and ct:fect and
shall -no',-- be affected tl.erelby.
Section 5. This agreement shall be binding on t1he parties hereto aiid
their successors and assigns.
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ARTICLE XXVIII.
IMPASSE
In the event that the City of Beaumont and the Association
have reached ar impasse as defined tinder Vernon' s Annotated Civil
Statutes of Texas, Article 5154c-1$ Section 9; and in 'Che event
mediation invoked under Section 9 of said article has failed to
resolve the impassee, or one of tLe 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 -i-ritay
request arbitration not ::ore than once during any
fiscal year. In -0-11-le event that one party makes a
request for arbitration, then both parties shall
submit all issues in dispute to arbitration. The
issues to be submatted to arbitration shall be
all matters which t-he parties have been unable 1--o
resolve through collective bargaining.
2. Arbitration invoked under this Article shall be
conducted by the parties pursuant- to the procedures,
duties, reauireirents 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 Very-Lon' s Annotated Civil
Statutes of Texas, Article 5154c-1 , Section 10 (b)
shell be specifically excluded and not apply herein.
ARTICLE rvYTX.
DU.P-4TION OF iiGRLE-,?F,LIN rl
Except as prcvi6ed
:.is agriE-er:eat shall be effective
as of October 1, 1980, and shall terrinate September 30F 1981 - The
dental insurance provision shall be effective as provided therein.
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ARTICLE )�',XX.
EDUCATIONAL -INCEN"."j"VE
Any member of the bargaining unit who earns an Associate
Degree, Fire Technology shall receive one payment of $200 as an
educational incentive. Pny wember of the bargaining unit who earns a
Master Fire Fighter Certificate shall receive one payment of $300.
ARTICLE XXXI.
'NEGIOTIAT IONS--T0004MMENCE
*Collective bargaining, " as that tern is used in Article
5154c-1(7b) shall be deemed to have commenced on the earlier of July
1 or the date the parties first meet formally for the purpose of
negotiation.
EXECUTED this the day of
President, Local No. 3910, IAFF
ATTEST:
Secretary
City manager
A TTIC S T:
city clerk
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