HomeMy WebLinkAboutRES 81-458 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUM,ONT:
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 Zp Zwoo' day of i� 19 el
Mayor -
9/33 Is 9
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
A G R E E M E N T
This agreement is made and entered into by and between the
City of Beaumont, a municipal corporation domiciled in the State of
Texas, herein referred to as the "EMPLOYER" , and Local 399,
International Association of Fire Fighters, hereinafter referred to
as the "UNION" .
ARTICLE I .
INTENT AND PURPOSE
It is the general purpose of this agreement to promote the
mutual interests of the Employer and the Union; to provide for
equitable and peaceful adjustments of differences which may arise; to
establish proper standards of wages, hours and other conditions of
employment which will provide and maintain a sound economic basis for
the delivery of public services; and to provide for the operation of
the services delivered by the City under methods which will further,
to the fullest extent possible, economy and efficiency of operation,
elimination of waste, realization of maximum quantity and quality of
output, cleanliness, protection of property and avoidance of
interruptions to service. The parties to this agreement will
cooperate fully to secure the advancement and achievement of these
purposes.
ARTICLE II.
RECOGNITION
Section 1 . The Employer recognizes the Union as the exclusive
bargaining agent for all permanent paid employees in the Fire
Department, excluding the Fire Chief. In the event that legislation
is Amended or changed to re-define the composition of the bargaining
unit, the parties will comply on the effective date of any such
Federal or State legislation.
Section 2 . The Union recognizes the designated representative or
representatives of the Employer as the sole representative of the
Employer for the purpose of collective bargaining .
ARTICLE III.
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.
It is the mutual obligation of the Employer and the Union
to assure that no employee shall be subject to any discrimination
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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 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
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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 for Grade I . Seniority shall be from date of
promotion in all other grades.
All seniority considerations and requirements shall be in
accordance with present City policy and all applicable State laws.
Promotions and demotions will be made in accordance with
1269m. Lateral transfers within the department will be made by the
Employer on the basis of merit with due consideration of seniority.
The employer shall maintain a list of vacated prositions for a period
of at least ten ( 10 ) days. Vacated positions may be temporarily
filled for such periods. Applications for vacated positions shall be
submitted in writing to the Chief.
ARTICLE VI.
NO STRIKE - NO LOCKOUT
Section 1 . The Union agrees that during the term of this agreement,
it will not authorize, ratify, encourage, or otherwise support any
strikes, 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
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halting any such action. The Employer agrees that it will not
f authorize ratify,y, encourage, or otherwise support any lockout during
the term of this agreement.
Section 2. The Employer shall have the right to impose penalties in
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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 VI herein.
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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 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 agrees that in no event shall such notices be
politically partisan, derogatory or critical of the City, or the
City' s officers, agents, supervisors, employees, departments, or
subdivisions nor shall such notices be derogatory or critical of the
services, techniques or methods of the Employer.
E. There shall be no other general distribution or posting
by employees or the Union of pamphlets, advertising or political
matters, notices, or any kind of literature upon the Employer's
premises other than as herein provided .
ARTICLE VIII.
UNION BUSINESS
Section 1 . A written list of Union stewards and other officers and
representatives shall be furnished to the employer immediately after
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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 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 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.
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ARTICLE IX.
RULES & REGULATIONS
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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
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and modify rules from time to time . Reasonable changes will be made
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in the following manner:
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1 . Employer will consult with Union prior to
effective date of change, and Union will be
allowed to express its suggestions and
s 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
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fairly and equitably.
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ARTICLE X.
MAINTENANCE OF STANDARDS
Nothing contained in this agreement shall be construed as
repealing any lawful recognized benefit provided through the
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F 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
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It is the intent of the Employer and the Union to maintain
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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
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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.
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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
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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
a. 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 .
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 and
examination for heart defects once each year and to forward the
results to the employee, upon request of the employee.
7 . The joint safety committee will cooperate with and
coordinate its activities with the Safety Department of the
Employer.
ARTICLE XII.
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
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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.
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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.
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 XIII.
MILEAGE ALLOWANCE
Employees required by the Employer to use their private
6 automobiles in traveling between fire stations or fire training
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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
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C 2 3 4 5 6 7 8 9 10 11 TG
C 3 .7 3 .0 3 .7 .8 6 .7 1 .0 7 .1 .9 4 .5 1 .7 1 .7
2 3 .7 6 .7 3 .3 3 .1 9 . 3 3 .3 3 .9 4 .6 6 .9 5.4 3 .4
3 3 .0 6 .7 7 . 2 3 .8 7 .3 4 .0 10 .1 2 . 2 3 .3 1 .3 4 .1
4 3 .7 3 .3 7 .2 3 .5 4 .0 2 .7 4 .0 4 .2 3.8 5 .8 6.3
5 .8 3 .1 3 .8 3 .5 6 .9 1 .1 6 . 2 1 .6 5 .7 2 .1 1.1
6 6 .7 9 .3 7 .3 4 .0 6 .9 6 .0 5 .7 5 .8 4 .0 6.1 7 .2
7 1.0 3 .3 4 .0 2 .7 1 .1 6 .0 5 .8 1 .5 3 .5 2 .7 2.0
8 7 .1 3 .9 10.1 4 .0 6 . 2 5.7 5 .8 7 .4 7 .1 8 .8 6 .8
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9 .9 4 .6 2 .2 4 .2 1 .6 5 .8 1 .5 7 .4 3 .2 1.5 2.6
10 4 .5 6 .9 2 .3 3 .8 5 .7 4 .0 3 .5 7 .1 3 .2 3 .3 6.0
11 1 .7 5 .4 1 .3 5 .8 2 .1 6 . 1 2.7 8 .8 1 .5 3 .3 3.3
TG 1 .7- 3 .4 4 .1 6 .3 1 .1 7 .2 2.0 6 .8 2.6 6 .0 3 .3
This article shall not apply to employees who receive car
allowances. Payment of mileage due hereunder shall be made
quarterly. Each use of a personal automobile must be authorized by
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the deputy chief on duty . Employees shall be required to file
quarterly mileage reports on forms furnished by the Employer.
Employees designated to receive car allowances shall
receive $175 per month. Any employee who keeps mileage records for
six ( 6 ) months may have his car allowance reviewed .
ARTICLE XIV.
VACATIONS AND HOLIDAYS
Employees in the Fire Department shall earn 1-1/4 vacation
days for each month of service. All vacation time earned in a
calendar year must be taken in the following calendar year.
The following holidays will be recognized :
New Year' s Day
Good Friday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
and any other holiday declared by the Employer.
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Employees re required to work on a holiday,q y, or employees whose
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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
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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
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shift) with approval of his Deputy Chief.
Each member of the bargaining unit with ten ( 10 ) years of
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service shall receive one (1) personal leave day per calendar year.
Each member with twenty ( 20) years of service shall receive two ( 2)
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personal leave days per calendar year. Personal leave days may be
scheduled in conjunction with vacation days.
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
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`. 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
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equal to ten ( 10%) percent of each employee' s salary .
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" ARTICLE XVII .
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BASIC RATE OF PAY
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"Basic rate of pay," for the purposes of computing overtime
( pay ( including callback pay) equals annual salary divided by 2,080
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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 OVERTIME PAY
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.
"Suppression employees" are those employees permanently
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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)
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hour work week so long as the employee is not at the same time
assigned to a piece of fire apparatus.
ARTICLE XIX.
CALLBACK PAY
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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.
TEMPORARY PROMOTIONS
Employees who are temporarily promoted shall be compensated
at the higher rate of pay for at least one-half of one shift. This
provision shall be effective from and after November 2, 1981 .
ARTICLE XXI .
SHIFT DIFFERENTIAL
Shift differential shall be paid to those employees
assigned to a 40-hour work week as follows : basic wage, as set out
A in Article XXIII, for employees assigned to the day shift; an
,y additional $0 .40 per hour for employees assigned to the evening
shift, and an additional $0.80 per hour for employees assigned to the
midnight shift.
ARTICLE XXII .
INDUSTRIAL FIRES
All firefighters responding to industrial fires and mutual
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I aid fire calls outside the city (whether on duty or called from off
duty) , and all certified divers while actually diving, shall be paid
double time, i .e . , twice their basic hourly rate. Such double-time
pay shall exclude any other overtime pay that might otherwise be
applicable.
ARTICLE XXIII .
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WAGES
The basic wages in each grade shall be as follows :
GRADE I Per Month
Start to 1 year $ 1325
* 1394
1 year to 3 years 1508
3 years to 5 years 1581
c 5 years or more 1620
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GRADE II
! 0-2 years $ 1730
2 years or more 1768
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GRADE III
0-2 years $ 1879
2 years or more 1954
GRADE IV $ 2139
GRADE V $ 2326
GRADE VI $ 2475
*Employees employed in Grade I on or before July 1, 1981.
ARTICLE XXIV.
INSURANCE
The Employer shall provide life insurance protection as
follows :
Grade I $10 ,000
Grade II 12,500
Grade III 14, 000
Grade IV 16,000
g Grade V 17, 500
Grade VI 17,500
The Employer agrees to pay the cost of each employee's and
each employee' s dependent' s
group health insurance. Group health
insurance benefits shall not be less than those in effect on February
1, 1980. The minimum benefits may be modified by the Employer with
the prior consent of the Union, which consent shall not be
unreasonably denied or delayed .
The Employer will provide a dental insurance plan for
employees and their dependents on or before April 4 , 1981 . The
j' first $15. 50 of monthly premium for this plan will be paid by the
Employer.
ARTICLE XXV.
COPIES OF AGREEMENT
The Employer agrees to furnish each employee covered by
this agreement with one copy of this agreement.
ARTICLE XXVI.
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
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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 XXVII .
PREMIUM PAY
All employees, except the training officer, who teach in
the basic fire academy shall receive premium 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 XXVIII .
GRIEVANCE PROCEDURE
SECTION 1 . 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, the Employer, or any bargaining unit employee. Management
agrees to allow the Union grievance committee access to a suitable
location for grievance committee meetings .
SECTION 2 .
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A. Any member who is aggrieved shall file a written report
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giving the nature and details of the incident which led to his
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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 the Union
grievance committee within the time limit described shall not be
considered timely and shall be void .
C . The time limitations described herein may be waived by
mutual agreement in writing by the aggrieved and the appropriate
management official .
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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 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.
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SECTION 4 . Grievances by the Employer shall be submitted
to the union president. If within seven (7) calendar days, the
grievance has not been settled, management may make a written
request to the union president that the grievance be submitted to
arbitration.
SECTION 5 . Arbitration.
A. In the event the parties cannot agree upon an
arbitrator, either party may request the Federal Mediation and
Conciliation Service to provide a list of arbitrators in accordance
with its selection rules. Either party shall have the 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
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defined herein.
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ARTICLE XXIX.
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 the Union, for the term of this agreement, each
voluntarily and unqualifiedly, waives the right and each agrees that
the other shall not be obligated to bargain collectively with respect
to any subject or matter not specifically referred to or covered in
this agreement, even though such subject or matter may not have been
within the knowledge or contemplation of either or both of the
parties at the time they negotiated or signed this agreement.
It is specifically provided that there shall be no further
negotiations except by mutual agreement of any subjects above
mentioned.
Section 2 . The Union and the Employer agree that this agreement is
intended to cover all matters affecting wages, hours, and other terms
and conditions of 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.
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Section 5 . This agreement shall be binding on the parties hereto and
their successors and assigns.
ARTICLE XXX.
IMPASSE
In the event that the City of Beaumont and the Association
have reached an impasse as defined under Vernon' s Annotated Civil
Statutes of Texas, Article 5154c-1 , Section 9; and in the event
mediation invoked under Section 9 of said article has failed to
resolve the impassee, 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-1, Section 10 (b)
shall be specifically excluded and not apply herein.
ARTICLE XXXI .
DURATION OF AGREEMENT
Except as provided below, this agreement shall be effective
as of October 1, 1981, and shall terminate September 30, 1982.
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ARTICLE XXXII .
EDUCATIONAL INCENTIVE
Any member of the bargaining unit who earns an Associate
Degree, Fire Technology shall receive one payment of $200 as an
educational incentive. Any member of the bargaining unit who earns a
Master Fire Fighter Certificate shall receive one payment of $300 .
ARTICLE XXXIII .
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 July
1 or the date the parties first meet formally for the purpose of
negotiation.
ARTICLE XXXIV.
CLOTHING EXCHANGE
Subject to the approval of the Chief, an employee may
receive either hip boots or a winter work jacket in lieu of his
annual allotment of uniforms.
ARTICLE XXXV.
COMMITTEES
During the term of this agreement, two four-member
committees consisting of an equal number of Union and City appointees
shall be established to study:
1 . Educational incentives in conjunction with
selection and promotion procedures, and
} 2 . Manpower requirements and manning levels
necessary to maintain safe operational
activities.
r
The findings of the committees shall include a review of
current practices, and any recommended modifications of current
practices shall address methods of implementation and associated
costs.
c" The committees shall be established on or before January 1,
1982, and their findings and recommendations shall be presented to
the City Manager on or before May 1, 1982.
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18 -
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EXECUTED this the day of , 1981 .
President, Local No . 399, IAFF
ATTEST:
Secretary
City Manager
ATTEST:
City Clerk
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