HomeMy WebLinkAboutRES 87-214 SE IT a7S0hV3D M 77! Cily COUnCil 07 17--
CITY OF 5=70M
THAT the City nanager je, an! he is hereby, authorize& to awenc-�
the labor union contract for the yoars 1916 through i 532 betweon
the City of Aeaunont an& tho Intornational Association of
2irefighters in substantially tha forn attacha& Aereto as Vxhihit
PASSM DY UTZ CITY COUNCIL of the City Of Roaunont thiS
the �ay Of 1f'd;VA2A2 1937 .
AZIL2
_avor
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THE STATE OF TEXAS
COUNTY OF JEFFERSON
AGREEMENT
This agreement is made and entered into by and between
the City of Beaumont, a municipal corporation domiciled in the
State of Texas, herein referred to as the "EMPLOYER" , and Local
339, 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
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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.
"EXHIBIT A"
ARTICLE II.
RECOGNITION
Section 1 . The Employer recognizes the Union as the
exclusive bargaining agent for all permanent paid employees in the
Fire Department, excluding the Fire Chief. In the event that
legislation is amended or changed to redefine the composition of
the bargaining unit, the parties will comply on the effective date
of any such Federal or State legislation.
Section 2 . The Union recognizes the designated
representative or representatives of the Employer as the sole
representative of the Employer for the purpose of collective
bargaining.
ARTICLE III.
DISCRIMINATION
The Employer agrees not to discriminate against any
employee for his activity in behalf of, or membership in, the
Union. The Union agrees that it will not coerce or intimidate any
employee into joining the Union. The Union and Employer recognize
that no employee is required to join the Union, but that each
employee has the right to choose of his own free will as to whether
or not he will or will not join the Union. The Union further
agrees that there will be no interference with the free right of
any employee of the Employer to enter and leave its premises and
property unmolested and without harassment.
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It is the mutual obligation of the Employer and the Union
to assure that no employee, shall be subject to any discrimination
because of race, religion, color, creed, handicap, sex, or national
origin.
ARTICLE IV.
MANAGEMENT RIGHTS
Except as otherwise specifically provided herein, the
management of the City of Beaumont shall have direction of the work
force, including but not limited to the right to hire, the right to
discipline or discharge for proper cause, the right to decide job
qualifications for hiring, the right to lay off or abolish
positions, the right to make rules and regulations governing
conduct and safety, the right to determine schedules of work
together with the right to determine the methods, processes and
manner of performing work, the determination of the size of the
work force, the assignment of work to employees within the
department, the determination of policy affecting the selection of
new employees, the right to establish work performance measurements
and standards, where no such measurements or standards exist, and
to revise these or existing measurements and standards if required
and to implement programs to increase the cost effectiveness of
departmental 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 or other statutes.
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ARTICLE V.
i a %L ??OVISIO:'J
Section 1 - ?ar?;ing. The e::lployer shall )rovic:e
T.githout cost to Omplovees on duty adequate )arking suace to all
Fire De_)artlent facilities and fire stations.
Section 2 - Bulletin 3oards.
A. -2he lover agrees to orovicie space for aulletin
'-)oards, ;_iiciZ may :De used `xclusively ' v the Union for the
following, notices:
1 . :notices of Union 1.leetinas;
2. :IOti.ces of Union elections and the result ,-There
thev -)ertain to the 7m--plover' s employees;
3 . ;;otices of Union recrzational and social
events;
�. Other notices concerning Union affairs.
3. 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 Salle should occur, the affected employee shall
ae su;)ject to (iisciplinary action.
). "-'he Union a roes that in :,o went shall suc:1
nOtic2s ,)e ,.Olitic<311_.' rti3�211, ti�?rU,',��Ori' Or critical oi: t
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Ci t", 7r :1P_ l'i t�l' ,3 off i ci?r_i 3c �[lt � �rti i'i
� ,� �, :,L._J,_ isors, _ .1_)1:.)\':�r_��,
':n_)ari:...2nts , Or 3L1'-)i:iVi.. 1Un:, :tor ;il:_ii� ;Uc.l .;Ot1cas
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or critical of the services, tecilniuuos or ,ietiiocls of tiro
"inployer.
':ter` shall '.)e no other ,reneral iistri )ution or
,:)osting :-)v emPlovees or the, Union of Pam!)hlets, a(fivertising or
?olitical :.tatters, notices, or any ';inti of literature upon tine
:lioloyrer' s _orenises other than as 'ierein ')rovidecl.
Section 3 - ?esi:lencv. iesiciencv shall not :,e a
con: ition of eni)loyment for '�mplovees of the 'barg-aining unit;
each a.mpjoyee gust i)e -1 lvcYal resident o the United States and
resiue within its '�Iouncaries.
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AZ^ICL, vI.
Section 1 . A written list of Union stewards and other
officers and raoresentatives stall 1)e 'urnished to tie �'.mployer
immediately after glair designation and the Union shall notifv
the Employer. Of any changes provi, ed that t:l° Union shall not
request time Oaf --Or :aor` than One ste;iard for aaC h shift.
Sacticn The Union ?resident or .iis asi��nee shall
')e granted reasonai:)le time off durimc., or:;ing :lours to
investigate and _)rocass orievances, to attend civil service,
arbitration, or court learincrs and to ra-Dresent unit employees in
disciplinary action :provided. that ?resident or ,,is designee shall
request per:aission from his Ueouty Chief. Succi permission shall
not be witaheld except in e,:iergencies. ''henevar JOSSil.)le, prior
notification is to be made -prior to or at the 'oeginning of a
shift.
Section 3. Off-duty employees shall not reside or
loiter on department premises, ?gut .,Iill '_)e allowed to enter the
premises for access to their own locker, posting Bulletins,
processing grievances, delivering notices, or `e.)artniental
;business, I)rovi:iad their )resonce ('oas not intarfare ;Jit:i cif`
o )oration of _:.a e sarirent.
n ;m-)lo--�r will
1 1J'.1 ni `
w'iCe- =c?Sic..2nt .:.. a :�� _.'2COrdi:1(1 S'2c r 2`:r t)r i S s1 il%lt 0
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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
in 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.
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B . Three members granted two (2) shifts to attend
Bi-annual State Conventions.
C. Union will request Employer for time off for any
number of members to attend job-related seminars. Permission may
be granted or denied by Employer.
ARTICLE VII.
SENIORITY, PROMOTTnJ jS, DE"OTIONS
AND TRANSFERS
At the completion of an employee' s probationary Period,
continuous service for purposes of seniority shall date from the
first day of employment for Grade I . Seniority shall be From date
of promotion in all other grades.
All seniority considerations and requirements shall be in
1 accordance 'With present City policy and all applicable State laws .
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Promotions and demotions will -)e glade in accorclance
with 1269m. The Union agrees to grant the la»lov°r the ricjilt to
appoint the ASS1Starlt Chief ?s C.eSCrl ei: In t.12 a??3olatiaerit
procedure in Article 1269 :1.
Lateral transfers witilill file ie_)art :lent :wi11 ')e -lade ':)y
the 71niployer on the aasis of seniority unless tilzre are
overriding merit consic orations. The :' .lployer shall �)ost and
Maintain a list of vacate-; -D--Sit-ions for a �Deriou of at least tan
( 1 0 ) days. Vacated 1-30sitions r.-,ay 'ja t, ::lporarily filled for such
periods. Applications -or vacated --Positions s1liall )e sua::titted
in writing to the Chief .
A�:TTCL3 VIII.
0 `-O LOC.-OUT
Section 1 . The Union acJrees that uuri ng tile ter;l of
this agreement, it will not authorize, ratify, encourage, or
otherwise support any stri%es, slow-downs, Picketing on
Employer' s premises, or any other ford of swork stoppage or
interference with the business of the City, and will cooperate
with the Employer in preventing and/or halting any sued action.
The Employer agrees that it will not authorize, ratify,
encourage, or of ler:wise :3u > >ort any loc'zout
this acireevient.
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it r(,,-inc. � -
1 :loco -� iL.i .'>��ctio;l ,
1 7 ,
13 'uct,
1973 , _or viol,lti,)n
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ARTICLE IX.
RULES & REGULATIONS
A. Employees in the bargaining unit shall comply with
Fire Department rules and regulations including those relating to
conduct and work performance.
B . The Employer maintains the right to establish, amend
and modify rules from time to time. Reasonable changes will be
made in the following manner:
1 . Employer will consult with Union prior to
effective date of change, and Union will be
allowed to express its suggestions and
objections prior to posting.
2 . Changes will be published so that all
employees are advised of the changes.
3 . All rules will be administered and applied
fairly and equitably.
ARTICLE X.
MAINTENANCE OF STANDARDS
I. Nothing contained in this agreement shall be
construed as repealing any lawful recognized benefit provided
through the department for employees of the department, and no
employee shall inadvertently suffer any loss of wages, hours or
working conditions by reason of the signing of this agreement.
II. All terms and conditions which are of benefit to
employees now in effect which are not specifically provided for in
this Agreement or which have not been replaced by provisions of
this Agreement shall remain in effect for the duration of this
Agreement, unless mutually agreed otherwise between the City and
the Union.
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ARTICLE XI .
HEALTH AND SAFETY
It is the intent of the Employer and the Union to
maintain the highest standards of safety and health in the Fire
Department, and to eliminate, as much as possible, accidents,
injuries, illness and death in the fire service.
1 . There shall be established a joint Union-Employer
health and safety committee, consisting of an equal number of Union
and Employer representatives, of not less than two (2) nor more
than four (4) each.
2 . The joint committee shall meet on the second Tuesday
of each month or more often as mutually agreed for the purpose of
jointly considering, inspecting, investigating and reviewing health
and safety conditions and practices and investigating accidents,
and for the purpose of effectively making constructive
recommendations with respect thereto.
3 . All matters considered and handled by the committee
shall be reduced to writing, �and joint minutes of all meetings of
the committee shall be made and maintained, and two copies thereof
shall be furnished to the Union. Such reports are for internal use
only and shall not be disclosed to the public by either the Union
or the Employer.
4. Time spent in committee meetings by Union
representatives, on duty, including walkaround time during joint
inspections and investigations, shall be considered and compensated
for as regularly assigned work . Time spent in committee meetings
r by Union representatives while off-duty shall not be compensated .
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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.
COPIES OF AGREEMENT
The Employer agrees to furnish each employee covered by
this agreement with one copy of this agreement.
A
ARTICLE XIII.
DEATH IN FAMILY LEAVE
In the event of a death in the immediate family of an
employee, the employee shall be granted up to four (4) days ( 2
shifts) off with pay. The immediate family shall be defined as
spouse, children, mother, father, brother, and sister of the
employee or the employee' s spouse.
ARTICLE XIV.
VACATIONS AND HOLIDAYS
Employees in the Fire Department shall earn 1-1/4
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vacation days for each month of service. All vacation time earned
in a calendar year must be taken in the following calendar year.
The following holidays will be recognized:
New Year' s Day
Good Friday
Easter Sunday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Employees required to work on a holiday, or employees
whose day off falls on a holiday, shall have one day for each such
holiday added to their annual vacation.
For the purposes of this paragraph, one shift equals two
days.
The Employer will develop an annual vacation schedule of
twenty cycles. The Employer shall determine the number of
employees in each grade on each shift who may schedule vacations in
any one cycle. Based upon seniority in grade, each employee shall
choose one vacation cycle. After each employee has selected one-
cycle, each employee shall choose a second vacation cycle. If
manpower permits, an employee may, upon his request, take two
vacation days -- (one shift) with approval of his Deputy Chief.
Each member of the bargaining unit with ten ( 10) years of
service shall receive one ( 1 ) personal leave day per calendar year.
Each member with twenty ( 20) years of service shall receive two (2 )
personal leave days per calendar year. Personal leave days may be
scheduled in conjunction with vacation days.
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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 tern of this
agreement. The Employer shall forward to the Union a copy of all
authorizations or cancellations of voluntary deduction of Union
dues by employees in the unit.
ARTICLE XVI .
PENSION
The Employer shall contribute to the pension fund an
amount equal to 10 percent of each employee' s salary.
b
ARTICLE XVII.
BASIC RATE OF PAY
"Basic rate of pay," for the purposes of computing
Overtime pay ( including callback pay) equals annual salary divided
by 2 , 080 hours. Overtime shall be paid at the rate of 1-1/2 each
employee' s "basic rate of pay" for overtime purposes.
ARTICLE XVIII.
EDUCATIONAL INTCENTIVE
Any member of the bargaining unit who earns an Associate
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Degree, Fire Technology, shall receive one payment of $200 as an
educational incentive. Any member of the bargaining unit who earns
an Intermediate, Advance or Master Fire Fighter Certificate shall
receive payments of twenty dollars ($20) , forty dollars ( $40) and
sixty dollars ($60) per month, respectively. Certified Breathing
Apparatus Technicians to be paid ten dollars ( $10) per month only
when required to work during that month.
ARTICLE XIX.
PREMIUM PAY
All employees, except the training officer, who teach in
the basic fire academy shall receive premium pay in addition to any
other compensation to which they may be entitled at the rate of $5
per hour for time actually spent teaching.
ARTICLE XX.
EDUCATIONAL DIFFERENTIAL
Any full-time employee of the Fire Department approved by
the City Manager to enroll in a course will be reimbursed for all
books, and fee costs related to the approved course upon proof of
having completed the course with a grade of "C" or better.
The course work must relate to the applicant' s present
position for the purpose of:
1 . Improving skills or knowledge required in his
present position.
2 . Preparing the employee for significant techno-
logical changes occurring in his career field.
3 . Preparing the employee for assumption of new
and different duties.
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Upon completion of course work for which the employee has
received reimbursement from the City for books and fee costs, the
employee must remain in the service of the City for one year,
otherwise all sums paid by the City must be reimbursed by the
employee to the City.
ARTICLE XXI .
CLOTHING ALLOWANCE
Subject to the approval of the Chief, an employee may
receive either hip boots or a winter work jacket in lieu of his
annual allotment of uniforms . All employees in the bargaining unit
Shall receive a clothing allowance of twenty dollars ( $20.00) per
month.
ARTICLE XXII.
MILEAGE ALLOWANCE
Employees required by the Employer to use their private
automobiles in traveling between fire stations or fire training
grounds or any officially authorized business shall be compensated
at the official city rate. Mileage between fire stations shall be
based on the following:
MILEAGE BETWEEN FIRE STATIONS
H 1 2 3 4 5 6 7 8 9 10 11 TG
H .9 3 .7 3 .0 3 .7 .8 6 .7 1 .0 7 .1 5 .7 4.5 1 .7 1 .7
1 .9 4.6 2. 2 4.2 1 .6 5 .8 1 .5 7 .4 6 . 2 3 .2 1 . 5 2 .6
2 3 . 7 4.6 6.7 3 .3 3 . 1 9. 3 3 . 3 3 .9 5 .3 6 .9 5 .4 3 .4
3 3 .0 2 . 2 6 .7 7 .2 3 .8 7 .3 4.0 10. 1 9 .2 3 .3 1 .3 4.1
4 3 .7 4 . 2 3 .3 7 .2 3 .5 4 .0 2 .7 4 .0 2 .0 3 .8 5 .8 6 .3
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• f v r
H 1 2 3 4 5 6 7 8 9 10 11 TG
5 .8 1 .6 3.1 3 .8 3 .5 6 .9 1 .1 6 .2 5 .5 5 .7 2 .1 1 .1
6 6 .7 5 .8 9.3 7.3 4.0 6 .9 6 .0 5 .7 2 .7 4 .0 6 .1 7 .2
7 1 .0 1 .5 3 .3 4.0 2.7 1 .1 6 .0 5 .8 4 .7 3 .5 2 .7 2 .0
8 7.1 7 .4 3 .9 10. 1 4.0 6.2 5 .7 5 .8 4.2 7. 1 8 .8 6 .8
9 5 .7 6 .2 5 .3 9 .2 2 .0 5 .5 2 .7 4.7 4.2 5 .8 7 .8 8.3
10 4.5 3 .2 6 .9 2 .3 3 .8 5 .7 4.0 3 .5 7 . 1 5 .8 3 .3 6 .0
11 1.7 1 .5 5 .4 1 .3 5 .8 2.1 6 .1 2 .7 8 .8 7 .8 3 .3 3 .3
TG 1 .7 2.6 3 .4 4.1 6 .3 1 .1 7 .2 2 .0 6 .8 8 .3 6 .0 3 .3
This article shall not apply to employees who receive car
allowances. Payment of mileage due hereunder shall be made
quarterly . Each use of a personal automobile must be authorized by
the deputy chief on duty. Employees shall be required to file
quarterly mileage reports on forms furnished by the Employer.
Car allowances will be two hundred fifty dollars ( $250) per
month for those employees designated to receive car allowances. Any
employee who keeps mileage records for six (6) months may have his
car allowance reviewed.
ARTICLE XXIII .
HOURS AND OVERTIME PAY
Section 1 . Suppression employees shall work shifts of
twenty-four ( 24) hours on duty followed by forty-eight (48) hours off
duty. Each employee working such shifts shall receive one ( 1 )
twenty-four ( 24) hour shift off during each three (3 ) weeks .
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"Suppression employees" are those employees permanently
assigned to a piece of fire apparatus, excluding the Assistant
Chief and the Deputy Chiefs. This provision shall not prevent the
permanent or temporary assignment of any employee to a forty (40)
hour work week so long as the employee is not at the same time
assigned to a piece of fire apparatus.
ARTICLE XXIV.
CALLBACK PAY
All employees covered by the terms of this agreement who
are called back to work from off-duty shall be guaranteed the right
to work at least two hours minimum at 1-1/2 times the basic rate of
pay.
ARTICLE XXV.
INDUSTRIAL FIRES
All firefighters responding to calls outside the city
(whether on duty or called from off duty) , and all certified divers
from the time called out until released, shall be paid double time,
i.e. twice their basic hourly rate. Such double-time pay shall
exclude any other overtime pay that might otherwise be applicable,
ARTICLE XXVI .
TEMPORARY PROMOTIONS
Employees who are temporarily promoted shall be
compensated at the higher rate of pay for at least one-half of one
shift.
ARTICLE XXVII.
SHIFT DIFFERENTIAL
Shift differential shall be paid to those employees
assigned to a 40-hour work week as follows; basic wage, as set out
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in rrticle ..VII, for employees assigned to the Clay shift; an
additional :;0. 30 per hour for employees assigined to the evening
shift; and an additional '31 .50 per hour for e::rployees assigned to
the .Adnight shift.
AZTICLE XXVIII.
»SIGN:,_7:!T PAY
personnel assigned to fort, ( 40 ) our :nor' .-7ee'-s
consisting of live ( 5 ) oight (3 ) hour days shall recoivo
assignment pay in addition to any other com?sensation to jhich
t =ey :gal �e entit!-d at the rate of one :,un;',r,?d atoll:rs
per ::,oath.
X�ZTICLE
STAND-73Y PAY
;hen arson investigators are officially cesignated
stand-ay duty, the member shall receive on ( 1 ) hour of pay at
straight time for every eight (3) hours of stand-by or any
fraction thereof, plus any overtime pay (at normal overtime
rates) when called out.
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ARTICLE XYXI
14AGES
Effective October 1 , 1937, the aonthly rat`s of pav
shall :)e as follo.,,s:
Years ontll
J.L -
I
ht_2r
-J
J-.)
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rase
Years :onthly
,xnerience .a1ary
Grade II
Enineer 0-2
: 2, 111
2+ 2 , 156
Grade III
Captain 0-2 :.,2, 2u'3
2+ 2, 376
�raCle TV
Dist. Chief 32, 596
Gra, e V
De_D. Chief 317
Grade VI
.'asst. Chief 2, 994
^he font ily rates of pay which viere in effect liprii 1 ,
1984, :•rere increased by three percent ( 3 ;) less the alaount
determined by the parties to be necessary to fund the healti.
insurance program for retired and disabled employees provided in
Article of this agreement.
ARTICLE XXXI.
INSURANCE
=ff=Ctive October 1 , 1937, the Employer shall >>rovide
all ,22, 500 of lif` i nsurzlnc(�
� .a
1 _)loy„r a rr-,es to t:lc Cost of
'.n : eac �:lplo_ _e' s n.�`n `nc rrou p ie 11 t:1 i:lsur.�ilc :roil }
::ealt:l insurance :�_n ?ii t:, , .
�::l�ll IIC�C '):� 1(_.,s t;latl tiiC?.`i,?
on
( Ii. _i": ').?1"1•.._11 .. ,i:Zll �:�
included as shown in Appendix "A, " Outpatient surgery benefits
shall be paid at 100.- of cost.
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 ,-.mployer shall >>rovide a dental insurance elan for
employees and their dependents. The Plan -,rill provide benefits
comparable to the CLLAT 3enefit Plan and Trust. The cost of the
plan :gill 'De X14. 90 for employee and '$32. 90 for employee and
det:)enC,ents and will be paid by the amplover,
Section 2 - Pilot retiree/disabled Health Insurance.
The City of 3eaumont (herein "City" ) and the
International association of lire Fighters, Local 399, ( ierein
"Union" ) , have agreed to readopt the Pilot ?retiree/Disable(z
Health Insurance Program. (See Appendix "13, " which includes
trust fund established for retirees and disabled employees. )
Added coverage will include second opinion surgery and select a
doctor of their choice to determine medical advisability of the
proposed elective surgery and alternative methods of treating the
condition.
�otir�es insurance shall continueu until Seat x�r
31 , 1933. i'[1C? Marti�-,s iltJfr�?E? to -1011!t '-o IdOi)t Juidelirins f7or L_1,
71an -3n:1 Cr11iCi.C'llil?:'i .shall ':)e inclulieu- In contract.
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A-3TICLE XXXII.
GZI V��•;C P-ROCEDUZi1
section 1 . The purpose of this grievance _3rocedure is
to establish effective ::iachinery for the fair, expeditious anti
orderly adjustment of grievances. A grievance is cdetined. as any
dis_jute, c1ai:1, or coriplaint involving tale interpretation,
application or alleged violation of any ?rovision of t:iis
agraement, or tie discipline, disc Zarge, or Lk
a.-motion for
disciplinary ,purposes of any enuloyee represented 'Dy the Union.
GrieVanCes :--:ay be filed by the Union or any :)arc_:ainin- u.1it
employee. ::anagement agrees to cello:.: t-he Union :jrievanc:
c0"Mittee access to a suitable location for grievance co:,i.,Attee
:n,eeti: s.
}
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Section 2 .
A. Any member who is aggrieved shall file a written
report giving the nature and details of the incident which led to
his grievance with the Union' s grievance committee. The report
must be submitted within fifteen (15 ) calendar days of the date
upon which the member knew of or should have known of the
occurrence, or occurrences in the event that the grievance alleges
a pattern or practice of the Employer in violation of this
agreement, giving rise to the grievance.
B . A grievance not brought to the attention of the Union
grievance committee within the time limit described shall not be
considered timely and shall be void.
C . The time limitations described herein may be waived
by mutual agreement in writing by the aggrieved and the appropriate
management official.
D. Any member who is aggrieved shall submit his
grievance within the time limitations specified above to the
Union' s grievance committee. Within fifteen ( 15) calendar days of
receipt of the grievance, the committee shall determine if a valid
grievance exists. If, in the opinion of the committee, no
grievance exists, the committee shall notify the member and no
further action shall be taken.
E. If the grievance has not been resolved within seven
(7 ) calendar days, the committee or its representative shall, with
or without the physical presence of the aggrieved member, present
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the grievance in writing to the office of the Fire Chief for
adjustment, provided that written notice of grievances shall
suffice in the case of individual disciplinary grievances.
F. If within seven (7) calendar days, the grievance has
not been settled, the committee or its representative shall submit
it to the office of the City Manager for adjustment, provided that
written notice of the grievance shall suffice in the case of
individual disciplinary grievances.
G. If within seven (7) calendar days, the grievance has
not been settled, the committee or its representative may make a
written request to the office of the City Manager that the
grievance be submitted to arbitration.
Section 3 . Grievances submitted by the Union shall be
submitted to the Fire Chief in writing within fifteen ( 15) calendar
days from the date upon which the Union knew or should have known
of the occurrence or occurrences giving rise to the grievance.
A. If within seven ^(7 ) calendar days, the grievance has
not been settled, the committee or its representative shall submit
it to the City Manager for adjustment.
B . If within seven (7) calendar days, the grievance has
not been settled, the committee or its representative may make a
written request to the City Manager that the grievance be submitted
to arbitration.
Section 4 - Arbitration.
A. In the event the parties cannot agree upon an
arbitrator, either party may request the Federal Mediation and
21 -
Conciliation Service to provide a list of arbitrators in accordance
with its selection rules. Either party shall have the right to
reject the list submitted by the Service. In that event the
service will be requested to submit another list. The parties
shall, within seven (7 ) calendar days, select an arbitrator from
the list. The arbitrator shall conduct a hearing within thirty
(30) days from his appointment. The arbitrator shall render his
decision within fifteen ( 15) days from conclusion of the hearing.
B . The powers of the arbitrator shall be limited as
follows:
1 . He shall have no power to add to, subtract from,
or modify any of the terms of this agreement.
2 . He shall deal only with the grievance or
grievances which occasioned his appointment.
C . The decision of the arbitrator, if within
the scope
of his authority, shall be ,final and binding upon the parties .
D. Costs and expenses for the services of the arbitrator
shall be shared equally by the Union and the Employer. Either
party desiring a transcript of the arbitration hearing shall be
responsible for the cost of such transcript.
E . The employees agree that, with the adoption of this
grievance procedure, they hereby relinquish their right to appeal to
the Civil Service Commission and to appeal from the Civil Service
Commission to the District Court for the resolution of grievances as
defined herein.
22 -
A '
l
ARTICLE XXXIII.
COMPLETE AGREEMENT CLAUSE
Section I . The parties hereto acknowledge that during
negotiations which resulted in this agreement, each had unlimited
right and opportunity to make proposals with respect to all proper
subjects of collective bargaining, and that all such subjects have
been discussed and negotiated upon, and the agreements herein
contained were arrived at after free exercise of such rights and
opportunities; therefore, the Employer and Union, for the term of
this agreement, each voluntarily and unqualifiedly, waives the
right and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter not
specifically referred to or covered -in this agreement, even though
such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they
negotiated or signed this agreement.
It is specifically provided that there shall be no
further negotiations except by mutual agreement of any subjects
above mentioned.
The parties agree that the Union, by its signing of this
agreement, does not agree or admit that the Employer' s ability to
pay is an appropriate factor to be considered in negotiations,
arbitration, or litigation to determine compensation and other
terms and conditions of employment of members of the bargaining
unit. The parties further agree that the Union, by its signing of
this agreement, does not agree or admit that the compensation and
I =
23 -
e
other terms and conditions of employment provided 'herein are in
compliance with the requirements of Section 4 of Article 5154c-1 .
Section 2 . The Union and the Employer agree that this
agreement is intended to cover all matters affecting wages, hours,
and other terms and conditions of employment and similar or related
subjects. During the term of this agreement, neither the Employer
nor the Union will be required to negotiate on any matters
affecting these or other subjects not specifically set forth in
this agreement.
Section 3 . All modifications of this agreement must be
made in writing and signed by both the Employer and the Union
before such modifications shall become effective.
Section 4 . If any Article or Section of this agreement or
any provision should be held invalid by operation of law, or by any
tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by such
tribunal pending final determinaticn as to its validity, the
remainder of this agreement shall remain in full force and effect
and shall not be affected thereby.
Section 5 . This agreement shall be binding on the parties
hereto and their successors and assigns.
ARTICLE XXXIV.
IMPASSE PROCEDURE.
In the event that the City of Beaumont and the
Association have reached an impasse as defined under Vernon' s
Annotated Civil Statutes of Texas, Article 5154c-1 , Section 9 , and
24 -
a
in the event mediation invoked under Section 9 of said article has
failed to resolve the impasse, or one of the parties has refused to
mediate, then the following impasse procedure shall prevail:
1. Either party to the dispute, after written notice to
the other party containing specifications of the
issue or issues in dispute, may request arbitration;
provided, however, that a party may request
arbitration not more than once during any fiscal
year. In the event that one party makes a request
for arbitration, then both parties shall submit all
issues in dispute to arbitration. The issues to be
submitted to arbitration shall be all matters which
the parties have been unable to resolve through
collective bargaining.
2 . Arbitration invoked under this Article shall be
conducted by the parties pursuant to the procedures,
duties, requirements and rights set forth in Vernon' s
Annotated Civil Statutes of Texas, Article 5154c-1 ,
Sections 9, 10, 11, 12, 13, 14 and 15; except that
Vernon' s Annotated Civil Statutes of Texas, Article
5154c, Section 10(b) shall be specifically excluded
and not apply herein.
ARTICLE XXXV.
NEGOTIATIOiVS TO COMME^?CE
"Collective bargaining, " as that term is used in Article
5154c-1 (7b) shall be deemed to have commenced on the earlier of
25 -
JQl2 l o£ tEe Gat, the parties first oeet formally £o£ the
purpose a2 222otiatio2,
22JI2a2 322V I.
37.G&223 23&233
2Eis agreement will £+lain in Zull Zo£ca anG effect
52 a its tar! until =eglaceG 57 a succ2sso2 ag£ealenC or Zor
222 y-a=, QkicSeve£ is lass, e2cegt twat it is agrees CGat all
2i la± g=oj£ IS 5e£ein are sgec{Zically 2zclegeG 2£a! eztension
2252= t5is 2=ticle,
&221232
a92aQI82 J2 aQ21j- 2
22cegt as ot5erzise J£OViGed 5erein, tdis =plea:eGt
33&12 2� =2ectiVe as o£ OctoSer ] , ] gS3 � ant Shall ba2einate
2 >ten2el 3g � ] 938. 2o= the secoeE year 02 t'' ag£eeGe2(,
negotiations shall Be reopened =or t5e following s- -ic
articlas: article 222, Qages; article z22I� Insurance; article .
VII! paragraph ], &@@ointment Procedure of the assistant Chief;
and-, a new article entitled Residency Requirement.
CITY OF 93aO:i 3?
�
222322: gy: ,
IT;222GII L 23302 AQUIJ2 J2
zI23 2IZ327�3, S0�J ,,_
) .
i. •a `
• a o
APPENDIX "A"
The employees and their dependents will be required to use the
Program under the Major Medical Expense Coverage and will be given
the benefit of selecting the doctor of his or her choice.
° When the employee or a dependent has a medical
condition for which a surgeon has proposed to
Perform an elective surgical procedure the
employee or the dependent will be covered by that
second opinion surgery benefit; and
When the surgery is to be performed while the
patient is confined in a hospital as an in-patient
or to an ambulatory surgical center, there will be
coverage by that second opinion surgery benefit.
(Confinement in a hospital as an inpatient means
one or more days of hospital confinement for which
a room and board charge will be made. The Second
Surgical Opinion Program will not apply to
emergency surgery or to surgery performed in a
doctor' s office or in a hospital ' s outpatient
department. )
Elective Surgical Procedure - A non-emergency surgical
procedure scheduled at the patient' s convenience without
jeopardizing the patients life or causing serious impairment to
the patient' s bodily functions and is performed while the patient
is confined in a hospital as an inpatient or in an ambulatory
surgical center.
The following categories contain the elective procedures for
which a small benefit will be allowed in the absence of a
confirming second or third opinion:
Hysterectomy Varicose Vein Ligation
Cholecystectomy (Gall Bladder) Deviated Septum ( non-cosmetic)
He rniorrhaphy Tympanotomy
Irertebral Disc or Spinal Appendectomy ( non-emergency)
Surgery
ry
1
A-1
} Tonsillectomy and/or Y and� Tubes and ovaries (non-obstetrical
Adenoidectomy and non-sterilization)
Prostatectomy Joint Surgery
Cataract Removal (Arthrectomies, Arthrotomies,
Hemo rrhoidectomy Arthroplasties)
If the second opinion specialist does not confirm the
advisability of the proposed surgery, a third opinion may be
arranged (and will be paid for) in the same manner as the second.
}
A-2
i
.IPPT-NDI1 "S"
Dartford Insurance will provide medical coverage for
fire fighters retiring or becoming disabled after April 1 , 1984.
The term of this agreement shall be October 1 , 1937, to September
31 , 1933. The _)rogram described herein shall be a 12-month
progra-i commencing October 1 , 19037.
?etireca or disabled eclplovees desiring to participate
shall contribute ::730 -)er month for each employee, :*1 50 per .ionth
for such `nployee and one denendent, and ;200 e)er month for
family coverage. These rionthly amounts shall be paid into the
trust fund established herein.
in addition to the monies paid into the trust fund icy
the retired or disabled employee, the City will contribute an
amount equal to 1 . 1 percent of fire fighter wages as of .March 31 ,
1984, into the trust fund (because City and Union have reached an
agreement to fund a pilot health insurance program for retired
and disabled employees with the City contributing 1 ; of fire
fighters wages effective _larch 31 , 1934; into the program) .
Should the trust fund require other monies to sustain the
insurance progran, the City agrees to contribute a maxirluin of
,310 , 003 =:,to tie fund curing the twelve ( 1 2) iiont'.i program.
'al"lam l� :l�Il :.;ade on a ::ionthly ')axis.
for tai a?ria of tile )ilot 'ro( rm 'ierei ' +1,
to iiartfor(l In:iUr anc') OUt of t!ie tL"ltSt
_1
t "
1
the greater of $4, i 67 7)er ;onth
or (number of participants) x ",000
The premium herein established snail provide medical
insurance for tine plan year (October 1 , 1937, to September 30,
1933 ) .
The City ;rill be responsi;-)le for pawtient of the
premiums out of the trust fund and :,:tali Mold the trust fund at
interest separate an6 discrete from otter City monies. Citv will
provide a certified audit of the .fund to Union at the time the
annual City audit is co -pleted.
?articipation in the health insurance program for
retired or CCiisaaled employees shall '*-e ?i.Ated to those ,no are
eligible for retirement or disability '-enefits under the
Fireman' s aelief and ?etir`ment Fund of 3eaumont, Texas.
Coverage provided by the program .,/ill be substantially the same
as that provided to active fire fighters.
Retired or disabled employees participating in the plan
are required to enroll for both Part �&, Hospital Insurance, and
Part 3, Supplementary Medical Insurance, if eligible, under the
U. S. 3overn tent _.edicare Program. Failure to becone a
3u )SC�i:)er as r? jLt1 rC' -i herein '.dill in te'� )rti ci-pant ' s
?::t _ii10n 3=_r1_,l Li1C? )ro,jram :ieri3li1
ADDENDUM TO C01TRACT 13ETI'IEEN
CITY OF 3EAU IONT AND
INTERNATIONAL ASSOCIATION OF FIREFIGIITERS. LOCAL 399
The City agrees to pay to Beaumont Fire Fighters a lump
sum of all monies including interest held in the dental escrow
fund.
APPROVED:
i 7
President of t F, Local 399 City 'Manager
Date: /.� l /!� Date:-