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HomeMy WebLinkAboutRES 92-013 i K /t3 RES OLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute the Labor Agreement with the Beaumont Professional Firefighter Local 399 substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1992. -. Mayor - i BEAUMONT FIREFIGHTERS' LOCAL 399 CONTRACT WITH THE CTTY OF BEAUMONT OCTOBER 1, 1991 - SEPTEMBER 30, 1994 ' a r s TABLE OF CONTENTS Pa e s ARTICLE I INTENT AND PURPOSE 1 ARTICLE II RECOGNITION 2 ARTICLE III DISCRIMINATION 2 ARTICLE IV MANAGEMENT RIGHTS 3 ARTICLE V GENERAL PROVISIONS 3 ARTICLE VI UNION BUSINESS 4 ARTICLE VII SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS 6 ARTICLE VIII NO STRIKE - NO LOCKOUT 6 ARTICLE IX RULES AND REGULATIONS 7 ARTICLE X MAINTENANCE OF STANDARDS 7 ARTICLE XI HEALTH AND SAFETY g ARTICLE XII SICK LEAVE 9 ARTICLE XIII DEATH IN FAMILY LEAVE 9 ARTICLE XIV VACATIONS AND HOLIDAYS 9 ARTICLE XV PAYROLL DEDUCTION OF DUES 10 ARTICLE XVI PENSION 11 ARTICLE XVII BASIC RATE OF PAY 11 ARTICLE XVIII EDUCATIONAL INCENTIVE 11 ARTICLE XIX PREMIUM PAY 11 ARTICLE XX EDUCATIONAL DIFFERENTIAL 12 6i A 7 > t r t Page(s) ARTICLE XXI CLOTHING ALLOWANCE 12 ARTICLE XXII MILEAGE ALLOWANCE 12 ARTICLE XXIII HOURS AND OVERTIME PAY 13 ARTICLE XXIV CALLBACK PAY 13 ARTICLE XXV INDUSTRIAL FIRES 13 ARTICLE XXVI TEMPORARY PROMOTIONS 14 ARTICLE XXVII SHIFT DIFFERENTIAL 14 ARTICLE XXVIII ASSIGNMENT PAY 14 ARTICLE XXIX STANDBY PAY 14 ARTICLE XXX WAGES 15 ARTICLE XXXI INSURANCE 16 ARTICLE XXXII GRIEVANCE PROCEDURE 18 ARTICLE XXXIII COMPLETE AGREEMENT CLAUSE 22 ARTICLE XXXIV IMPASSE PROCEDURES 23 ARTICLE XXXV NEGOTIATION TO COMMENCE 24 ARTICLE XXVVI EVERGREEN CLAUSE 25 ARTICLE XXXVII DURATION OF AGREEMENT 25 ARTICLE XXXVII KELLY DAY CALL BACK PLAN 25 ADDENDUM A SCHEDULE OF WAGES ii S e E a 8 THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "EMPLOYER," and Local 399, International Association of Fire Fighters, hereinafter referred to as the "UNION." ARTICLE L 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. I f ARTICLE IL 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. Under no circumstances shall anyone inside the bargaining unit bargain for themselves or attempt to bargain individually with another bargaining unit member without the written consent of the UNION. 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 IIL DISCRIIVIINATION 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 because of race, religion, color, creed, handicap, sex, or national origin. - 2 - j 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 superceded by this agreement, or provisions of Chapter 143 of the Local Government Code (1269m) or other statutes. ARTICLE V_ GENERAL PROVISIONS Section 1. Parking. The EMPLOYER shall provide, without cost, to employees on duty adequate parking space 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 - I 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. Section 3. Residency. Residency shall not be a condition of employment for employees of the bargaining unit; each employee must be a legal resident of the United States and reside within its boundaries. Section 4. Copies of AUeement. The EMPLOYER agrees to furnish each employee covered by this agreement with one (1) copy of this agreement. ARTICLE VL UNION BUSINESS Section 1. A written list of Union stewards and other officers and representatives shall be furnished to the EMPLOYER immediately after their designation and the UNION shall notify the - 4 - EMPLOYER of any changes provided that the UNION shall not request time off for more than one steward for each shift. Section 2. The UNION President or his designee shall be granted reasonable time off during working hours to investigate and process grievances, to attend civil service, arbitration, or court hearings and to represent Unit employees in disciplinary action provided that the President or his designee shall request permission from his Deputy Chief. Such permission shall not be withheld except in emergencies. Whenever possible, prior notification is to be made prior to or at the beginning of a shift. 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. The EMPLOYER will allow either the President or Vice-President and the Recording Secretary or his designate time to conduct local union regular meetings and no more than three special called meetings per contract year. Section 5. No more than two (2) 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 (2) members granted three (3) shifts to attend bi-annual international conventions. - 5 - B. Three (3) members granted two (2) shifts to attend bi-annual state conventions. C. The UNION will request the EMPLOYER for time off for any number of members to attend job-related seminars. Permission may be granted or denied by the EMPLOYER. ARTICLE VII. SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS At the completion of an employee's probationary period, continuous service for purposes of seniority shall date from the first day of employment for Grade I. Seniority shall be from date of promotion in all other grades. All seniority considerations and requirements shall be in accordance with present City policy and all applicable State laws. Promotions and demotions will be made in accordance with Chapter 143'of the Local Government Code (1269m). Lateral transfers within the department will be made by the EMPLOYER on the basis of seniority unless there are overriding merit considerations. The EMPLOYER shall post and maintain a list of vacated positions for a period of at least ten (10) days. Vacated positions may be temporarily filled for such periods. Applications for vacated positions shall be submitted in writing to the Chief. ARTICLE VIM NO STRIICE - 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 the EMPLOYER's premises, or any other form of work stoppage or interference with the business of the City, and will cooperate with the EMPLOYER in preventing and/or halting any such action. The EMPLOYER agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this agreement. - 6 - ii Section 2. The EMPLOYER shall have the right to impose penalties in accordance with Section 17 of the Fire and Police Employee Relations Act; Collective Bargaining, dated August 27, 1973, for violation of Section 1 of Article VIII herein. ARTICLE Ix RULES AND 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. The EMPLOYER will consult with the UNION prior to effective date of change,and the 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 K MAINTENANCE OF STANDARDS A. 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. B. 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. - 7 - i, r ARTICLE X1. 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 the UNION and the 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. A copy of all such reports or minutes shall be posted by the EMPLOYER at all work sites for at least thirty (30) days. 4. Time spent in committee meetings by the UNION representatives, on duty, including walk-around time during joint inspections and investigations, shall be considered and compensated for as regularly-assigned work. Time spent in committee meetings by the 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 - 8 - 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 Risk Manager of the EMPLOYER. Copies of all minutes shall be sent to the Risk Manager. ARTICLE XIL SICK LEAVE The accumulation and payment of sick leave shall be in accordance with Section 143.045 of the Local Government Code with the addition that sick leave may be used for any bona fide illness of a member of their immediate family living in the same household. ARTICLE X M 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, grandparents, grandchildren, brother, and sister of the employee or the employee's spouse. ARTICLE XIV. VACATIONS AND HOLIDAYS Employees in the Fire Department shall earn 11/4 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 - 9 - 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 (1) day for each such holiday added to their annual vacation. For the purposes of this paragraph, one (1) shift equals two (2) days. The EMPLOYER will develop an annual vacation schedule of twenty (20) 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 (2) 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. ARTICLE XV. PAYROLL DEDUCHON OF DUES The EMPLOYER agrees to deduct, once each month, dues and assessments, in'an amount certified to be current by the Treasurer of the UNION, from the pay of those employees who individually request,in writing, that such deductions be made. The total amount of deductions shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the EMPLOYER to the Treasurer of the UNION. This authorization shall remain in full force and effect during the term of this agreement. The EMPLOYER shall forward to the UNION a copy of all authorizations or cancellations of voluntary deduction of UNION dues by employees in the unit. - 10 - ARTICLE XVL PENSION The EMPLOYER shall contribute to the pension fund an amount equal to eleven percent (11%) of each employee's salary. ARTICLE XVII. BASIC RATE OF PAY "Basic rate of pay,"for the purposes of computing overtime pay (including callback pay), for employees assigned to a forty (40) hour work week, equals annual base wages divided by 2,080 hours. Overtime shall be paid at the rate of 11/z each employee's"basic rate of pay"for overtime purposes. "Basic Rate of Pay" for purposes of computing overtime pay (including call back pay), for "suppression employees" equals annual base wages divided by 2,496 hours. Overtime shall be paid in compliance with the Federal Fair Labor Standards Act. ARTICLE XVIM 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. Effective October 1, 1989, any member of the bargaining unit who earns an Intermediate, Advanced or Master Fire Fighter Certificate shall receive payments of thirty dollars ($30), fifty dollars ($50) and seventy dollars ($70) 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 ten dollars ($10.00) per hour for time actually spent teaching. - 11 - i 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 technological 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 (1) year, otherwise all sums paid by the City must be reimbursed by the employee to the City. ARTICLE XXL CLOT ENG 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 XXIL MILEAGE ALLOWANCE Section 1. The Department shall transport all personnel who are transferred between fire stations on a temporary basis. This provision does not apply to personnel who are notified of changes prior to reporting for duty. - 12 - Section 2 Car allowances will be two hundred fifty dollars ($250.00) 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 XJIM 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. "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 (2) hours minimum at 11/2 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. - 13 - I ARTICLE XXVL TEMPORARY PROMOTIONS Employees who are temporarily promoted shall be compensated at the higher rate of pay in three (3) hour increments. When such vacancies occur, the promotion shall be automatic and immediate. ARTICLE XXVI L SHIFT D Shift differential shall be paid to those employees assigned to a forty (40) hour work week as follows: basic wage, as set out in Article XVII, for employees assigned to the day shift; an additional $0.80 per hour for employees assigned to the evening shift; and an additional $1.50 per hour for employees assigned to the midnight shift. ARTICLE XXVIIL ASSIGNMENT PAY All personnel assigned to forty (40) hour work weeks consisting of five (5) eight (8) hour days shall receive assignment pay in addition to any other compensation to which they may be entitled at the rate of one hundred dollars ($100.00) per month. ARTICLE 70DC - STANDBY PAY When arson investigators are officially designated standby duty,the member shall receive one (1) hour of pay at straight time for every eight (8) hours of standby or any fraction thereof, plus any overtime pay (at normal overtime rates) when called out. - 14 - r„ ARTICLE XXK WAGES A. Effective October 1, 1991, the EMPLOYER will provide a $113 per month wage increase for all members of the bargaining unit. This amount is equivalent to a 4.5% wage increase. B. Effective April 1, 1992, the EMPLOYER will create a new pay step in Grade I for Fire Fighters with 7 years or more of service at One Percent (1.0%) more than Grade 1 (5 years to seven years). Grades II, III, IV, V and VI shall receive a wage increase of One Percent'(1.0%) across the board, rounded to the nearest dollar. C. Effective October 1, 1992, the EMPLOYER will provide for a wage increase of Three Percent (3%) across the board, rounded to the nearest dollar, for all members of the bargaining unit. D. Effective April 1, 1993, the EMPLOYER will create a new pay step in Grade I for Fire Fighters with 10 years or more of service at Two Percent (2%) more than Grade I (7 years 10 years). Grades II,III, IV,V and VI shall receive a wage increase of Two Percent(2%) across the board, rounded to the nearest dollar. E. Effective October 1, 1993, the EMPLOYER will provide for a wage increase of Three Percent (3%) across the board, rounded to the nearest dollar, for all members of the bargaining unit. F. Effective April 1, 1994, the EMPLOYER will create a new pay step in Grade I for Fire Fighters with 15 years or more of service at Two Percent (2%) more than Grade I (10 years to 15 years). Grades II,III, IV,V and VI shall receive a wage increase of Two Percent (2%) across the board, rounded to the nearest dollar. G. The wage table is attached as Addendum "A". - 15 - ARTICLE XX L INSURANCE Section 1. Effective October 1, 1987, the EMPLOYER shall provide all employees with $22,500 of life insurance coverage. Section 2. Medical Insurance Effective on or after February 1, 1992 the EMPLOYER will furnish the same accident and medical insurance coverage for employees and dependents as those in effect on September 30, 1991, for civilian employees for the term of this contract agreement. No employee contributions to the cost of providing such plan shall be required. The EMPLOYER shall waive all pre-existing condition requirements if covered by the previous plan, for members of the bargaining unit and their eligible dependents. Coverage for members of the bargaining unit and their eligible dependents or an increase or decrease in amount of an employee's or dependent's coverage (except a child covered at birth) will be delayed if on the date it would become effective the employee or dependent is confined for medical care or treatment in an institution or at home. The coverage or change for that employee or dependent will become effective upon final medical release of the employee or dependent from such confinement. If this Plan is modified, the same delay provisions apply to any resulting employee's or dependent's coverage change. Section 3 Retiree Medical Insurance Program. A. The UNION agrees that the EMPLOYER may terminate the Retired Employees Insurance Trust (REIT) pursuant to existing state and federal laws on or after February 1, 1992. B. During the term of the Agreement, the EMPLOYER will provide medical coverage for Fire Fighters retiring or becoming disabled after April 1, 1984 and their dependents, subject to the provisions of Sections 3 (C) through 3 (G) hereof inclusive. - 16 - i, r C. Effective on or after March 1, 1992, retired or disabled employees and their dependents desiring to participate shall pay the group rate premium established by the EMPLOYER under COBRA standards. The EMPLOYER shall not increase premiums more than one time during a plan year. Participating retirees shall be notified in writing at least 30 days before any scheduled premium increase. D. Retired or disabled Fire Fighters may participate in the program only if they are eligible for retirement or disability benefits under the Fireman's Relief and Retirement Fund of Beaumont,Texas. Only those dependents eligible to receive benefits under the Fireman's Relief and Retirement Fund of Beaumont, Texas shall be eligible to participate in the medical insurance program for retired and disabled firefighters. E. Coverage provided shall be the same as that provided members of the bargaining unit. However, if the EMPLOYER, the UNION and retirees and disabled fire fighters and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. F. Retired or disabled employees participating in the plan are required, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Failure to become a subscriber as required herein will result in the participant's exclusion from the program herein established. Section 4 Dental Insurance. Effective October 1, 1991, the EMPLOYER shall provide a dental insurance plan for employees and their dependents. The plan will provide benefits comparable to the CLEAT Benefit Plan and Trust at a maximum monthly cost of Twenty Dollars ($20.00). If the employee elects to add his dependents to the dental insurance, the EMPLOYER shall pay a maximum monthly cost of Forty-Two ($42.00) for both the employee and his dependents. The Plan will provide - 17 - i s accidental death and dismemberment insurance coverage for the employee and his family, and the existing blood insurance plan that covers the employee and his family. Effective October 1, 1992, the EMPLOYER shall increase the maximum monthly amount for the employee to Twenty-Two Dollars ($22.00) and to Forty-Six Dollars ($46.00) for employee and his dependents. Effective October 1, 1993, the EMPLOYER shall increase the maximum monthly amount for the employee to Twenty-Four Dollars ($24.00) and to Fifty Dollars ($50.00) for the employee and his dependents. The trust document and plan benefits will be provided to the UNION and the EMPLOYER, upon contract agreement. The UNION shall indemnify, defend and hold harmless the EMPLOYER from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. ARTICLE XXXJ[I. 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. The EMPLOYER agrees to allow the UNION Grievance Committee access to a suitable location for grievance committee meetings. - 18 - 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 in Sections 2 and 3 herein are of the essence of this agreement but may be waived by mutual agreement in writing by the aggrieved (whether member or the UNION) 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 after the expiration of the 15 day period provided for the Union Grievance Committee to make a decision, 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, after the grievance has been received by the Fire Chief, it has not been settled, the committee or its representative shall have seven (7) days to submit it - 19 - i 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 after receipt by the City Manager, the grievance has not been settled, the committee or its representative shall have seven (7)calendar days in which to 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 after receipt of the grievance by the Fire Chief, 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 after receipt of the grievance by the City Manager, the grievance has not been settled, the committee or its representative shall have seven (7)calendar days in which to make a written request to the City Manager that the grievance be submitted to arbitration. Section 4. Employer Grievances A. If the EMPLOYER is aggrieved, it shall file a written report giving the nature and details of the grievance to the UNION's grievance committee. The report shall be submitted within fifteen (15) calendar days of the date upon which the EMPLOYER knew or should have known of the occurrence or occurrences giving rise to the grievance. B. If the grievance has not been resolved within fifteen (15) calendar days after presentation to the UNION's grievance committee, the EMPLOYER shall have seven(7) additional days within which to make a written request to the UNION's grievance committee that grievance be submitted - 20 - to arbitration. Unless the grievance is resolved, it shall be submitted to arbitration in accordance with Section 5 hereof. Section 5. Arbitration. A. In the event the parties cannot agree upon an arbitrator, either party may request the Federal Mediation and Conciliation Service or the American Arbitration Association 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. - 21 - ARTICLE XX)Cn 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. 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 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. - 22 - p, Section 3. All modifications of this agreement must be made in writing and signed by both the EMPLOYER and the UNION before such modifications shall become effective. Section 4. If any article or section of this agreement or any provision should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending final determination as to its validity, the remainder of this agreement shall remain in full force and effect and shall not be affected thereby. Section S. This agreement shall be binding on the parties hereto and their successors and assigns. ARTICLE XXXJ[V. 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 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 - 23 - Vernon's Annotated Civil Statutes of Texas, Article 5154c, Section 10(b) shall be specifically excluded and not apply herein. 3. In making its decision, the Arbitration Panel may consider only the following: a) The requirements of Section 4 of Article 5154c-1. b) The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. c) The total compensation and terms and conditions of employment of State Civil Service Certified, full-time fire fighters in all Texas cities. d) The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. e) After all other possible considerations of comparison,the arbitration panel may give consideration to revenues available to the employer. 4. Information concerning hours of work and insurance benefits and costs may be considered by the Arbitration Panel for purposes of determining total compensation and terms and conditions of employment but may not be used specifically to support an amendment by the Employer of the hours of work of Beaumont firefighters or the coverage and costs of insurance benefits for such firefighters. ARTICLE XXXV. NEGOTIATIONS TO COMMENCE "Collective bargaining," as that term is used in Article 5154c-1(7b),shall be deemed to have commenced on the earlier of July 1 or the date the parties first meet formally for the purpose of negotiation. - 24 - ARTICLE XXXVL EVERGREEN CLAUSE This agreement shall be effective October 1, 1991, and shall be for a three (3)year period, except that it shall remain in full force until replaced by a successor agreement. ARTICLE X XVIL DURATION OF AGREEMENT Term of Contract: Three (3) years. Except as otherwise provided herein, this agreement shall be effective as of October 1, 1991, and shall remain in effect until September 30, 1994. ARTICLE XXXVIR KELLY DAY CALL BACK PLAN SECTION 1: By mutual agreement, the Union and EMPLOYER have established a program for the term of this agreement to allow suppression fire personnel to work on eligible Kelly days. SECTION 2: This program does not change the normal call back procedures or the payment of overtime for suppression and non-suppression personnel in accordance with the Federal Fair Labor Standards Act. SECTION 3: Pursuant to the Fair Labor Standards Act, Section (7K); suppression fire personnel will be able to work on their Kelly days at straight time up to 53 hours per work week, then, by law, must be compensated at one and one-half times (1 1/2) their regular rate of pay. SECTION 4: Kelly Day Call Back would be implemented when: a. A volunteer list of workers of all grades is compiled in alphabetical order, for each day of the week and for each shift. b. The EMPLOYER shall have responsibility for using the call back list on a rotating basis giving opportunity to the employee that is next on the voluntary list, no matter what grade level - 25 - S he/she may hold. When called, an employee must come in to work, however,reasonable exceptions may be approved by Management. The employee may work his/her regular worksite or station. SECTION 5: After exhausting the Kelly Day Call Back List, then the EMPLOYER by virtue of management rights may use traditional call back procedures provided for within this contract. SECTION 6: For purpose of computing overtime hours for this Article,the UNION agrees that the EMPLOYER shall use the formula of base annual wages divided by 2,496 hours. CITY OF BEAUMONT ATTEST: By: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 399 ATTEST: By: - 26 - a a ADDENDUM TO CONTRACT BETWEEN CITY OF BEAUMONT AND INTERNATIONAL ASSOCIATION OF FIRERGHTERS LOCAL 399 The City agrees to pay to Beaumont Firefighters a lump sum of all monies including interest held in the dental escrow fund. APPROVED: President of IAFF, Local 399 City Manager Date: Date: ^ h ADDENDUM A SCHEDULE OF WAGES Effective October 1, 1991: Section 1. GRADE 1 — FIREFIGHTER Start to 1 year $1,993 per month 1 years to 3 years 2,289 per month 3 years to 5 years 2,384 per month 5 years or more 2,436 per month GRADE 11 — ENGINEER Start to 2 years $2,583 per month 2 years or more 2,633 per month GRADE III — CAPTAIN Start to 2 years $2,782 per month 2 years or more 2,880 per month GRADE IV — DISTRICT CHIEF $3,128 per month GRADE V — DEPUTY CHIEF $3,375 per month GRADE VI — ASSISTANT CHIEF $3,575 per month Section 2. Effective April 1, 1992 GRADE 1 — FIREFIGHTER Start to 1 year $1,993 per month 1 years to 3 years 2,289 per month 3 years to 5 years 2,384 per month 5 years to 7 years 2,436 per month 7 years or more 2,460 per month GRADEII — ENGINEER Start to 2 years $2,609 per month 2 years or more 2,659 per month GRADE III — CAPTAIN Start to 2 years $2,810 per month 2 years or more 2,909 per month GRADE IV — DISTRICT CHIEF $3,159 per month GRADE V — DEPUTY CHIEF $3,409 per month GRADE VI — ASSISTANT CHIEF $3,611 per month R 1 + Section 3. Effective October 1, 1992: GRADE 1 — FIREFIGHTER Start to 1 year $2,053 per month 1 years to 3 years 2,358 per month 3 years to 5 years 2,456 per month 5 years to 7 years 2,509 per month 7 years or more 2,534 per month GRADE 11 — ENGINEER Start to 2 years $2,687 per month 2 years or more 2,739 per month GRADE III — CAPTAIN Start to 2 years $2,894 per month 2 years or more 2,996 per month GRADE IV — DISTRICT CHIEF $3,254 per month GRADE V — DEPUTY CHIEF $3,511 per month GRADE VI — ASSISTANT CHIEF $3,719 per month Section 4. Effective April 1, 1993: GRADE 1 — FIREFIGHTER Start to 1 year $2,053 per month 1 years to 3 years 2,358 per month 3 years to 5 years 2,456 per month 5 years to 7 years 2,509 per month 7 years to 10 years 2,534 per month 10 years or more 2,585 per month GRADE II — ENGINEER Start to 2 years $2,741 per month 2 years or more 2,794 per month GRADE III — CAPTAIN Start to 2 years $2,952 per month 2 years or more 3,056 per month GRADE IV — DISTRICT CHIEF $3,319 per month GRADE V — DEPUTY CHIEF $3,581 per month GRADE VI — ASSISTANT CHIEF $3,793 per month i,. v p ' t y Section 5. Effective October 1, 1993: GRADE 1 — FIREFIGHTER Start to 1 year $2,115 per month 1 years to 3 years 2,429 per month 3 years to 5 years 2,530 per month 5 years to 7 years 2,584 per month 7 years to 10 years 2,610 per month 10 years or more 2,663 per month GRADE 11 — ENGINEER Start to 2 years $2,823 per month 2 years or more 2,878 per month GRADE ill — CAPTAIN Start to 2 years $3,041 per month 2 years or more 3,148 per month GRADE IV — DISTRICT CHIEF $3,419 per month GRADE V — DEPUTY CHIEF $3,688 per month GRADE VI — ASSISTANT CHIEF $3,907 per month Section 6. Effective April 1, 1994: GRADE 1 — FIREFIGHTER Start to 1 year $2,115 per month 1 years to 3 years 2,429 per month 3 years to 5 years 2,530 per month 5 years to 7 years 2,584 per month 7 years to 10 years 2,610 per month 10 years to 15 years 2,663 per month 15 years or more 2,716 per month GRADE 11 — ENGINEER Start to 2 years $2,879 per month 2 years or more 2,936 per month GRADE III — CAPTAIN Start to 2 years $3,102 per month 2 years or more 3,211 per month GRADE IV — DISTRICT CHIEF $3,487 per month GRADE V — DEPUTY CHIEF $3,762 per month GRADE V1 — ASSISTANT CHIEF $3,985 per month