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HomeMy WebLinkAboutRES 08-036 RESOLUTION NO. 08-036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a labor agreement with the Beaumont Professional Firefighters Local 399 substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February, 2008. �fi, ayor Becky Ames - ly of r,,• CITY OF BEAUMONT AND BEAUMONT FIREFIGHTERS' LOCAL 399 CONTRACTUAL AGREEMENT UPON EXECUTION - SEPTEMBER 30, 2012 EXHIBIT "A" TABLE OF CONTENTS Page No. ARTICLE I INTENT AND PURPOSE 1 ARTICLE II RECOGNITION 1 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 MAINTENANCE OF STANDARDS 7 ARTICLE X HEALTH AND SAFETY 7 ARTICLE XI SICK LEAVE g ARTICLE XII DEATH IN FAMILY LEAVE g ARTICLE X111 VACATIONS AND HOLIDAYS g ARTICLE XIV PAYROLL DEDUCTION OF DUES 11 ARTICLE XV PENSION 11 ARTICLE XVI BASIC RATE OF PAY 11 ARTICLE XVII EDUCATIONAL INCENTIVE PAY 12 ARTICLE XVIII EDUCATIONAL DIFFERENTIAL PAY 12 ARTICLE XIX CERTIFICATION PAY 12 ARTICLE XX INCENTIVE PAY 13 Page No. ARTICLE XXI CLOTHING AND CLOTHING 13 MAINTENANCE ALLOWANCE ARTICLE XXII MILEAGE ALLOWANCE 13 ARTICLE XXIII HOURS AND OVERTIME PAY 14 ARTICLE XXIV CALLBACK PAY 15 ARTICLE XXV INDUSTRIAL FIRES 15 ARTICLE XXVI TEMPORARY PROMOTIONS 15 ARTICLE XXVII ENTRY LEVEL HIRING PROCEDURES 16 ARTICLE XXVIII ASSIGNMENT PAY 17 ARTICLE XXIX STANDBY PAY 17 ARTICLE XXX WAGES 17 ARTICLE XXXI INSURANCE 17 ARTICLE XXXII GRIEVANCE PROCEDURE 21 ARTICLE XXXIII COMPLETE AGREEMENT CLAUSE 25 ARTICLE XXXIV NEGOTIATION TO COMMENCE 26 ARTICLE XXXV DURATION OF AGREEMENT 27 ADDENDUM A SCHEDULE OF WAGES 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, AFL-CIO-CLC, 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 11. RECOGNITION Section 1. The EMPLOYER recognizes the UNION as the exclusive bargaining agent for all permanent paid firefighters in the Fire Department, excluding the Fire Chief. The UNION will not be the exclusive bargaining agent for the Assistant Fire Chief Page 1 of 27 beginning January 1, 2010. The Assistant Chief will be chosen by the Fire Chief from the Beaumont Fire Department from the rank of Grade IV—District Chief and above. 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 III. DISCRIMINATION Section 1. 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 whether 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. Section 2. 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, disability, sex, or national origin. Page 2 of 27 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 Collective Bargaining Agreement and state and federal 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: Page 3 of 27 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. Section 3. Copies of Agreement. The EMPLOYER agrees to furnish one copy of this agreement to the UNION. ARTICLE A. UNION BUSINESS Section 1. A written list of Union stewards and other officers and representatives Page 4 of 27 shall be furnished to the Fire Chief immediately after their designation and the UNION shall notify the Fire Chief 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 the Fire Chief or in his absence his designee. Such permission shall not be withheld except in emergencies. Whenever possible, 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. 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 and for purposes of ratification of labor agreements. Section 5. Except as otherwise herein provided, the internal business of the UNION shall be conducted during non-duty hours of the employees involved. Section 6. A. UNION officers and/or elected delegates shall be granted time to attend job- related conferences and seminars without loss of pay. Page 5 of 27 B. Except as provided in Subsection A, the UNION will request the EMPLOYER for time off for any other number of members to attend job-related seminars, which permission may be granted or denied by the EMPLOYER. ARTICLE VII. SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS Section 1. 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. Section 2. 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 VIII. 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 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. Section 2. The EMPLOYER shall have the right to impose penalties in accordance with Texas Local Government Code, Section 174.205, for violation of Article VIII, Section 1, above. Page 6 of 27 ARTICLE IX. MAINTENANCE OF STANDARDS Section 1. 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. Section 2. 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 EMPLOYER and the UNION. ARTICLE X. HEALTH AND SAFETY Section 1. Intent. 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. Section 2. Health and Safety Committee. A. 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. B. 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 Page 7 of 27 accidents, and for the purpose of effectively making constructive recommendations with respect thereto. C. 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. A copy of all such reports or minutes shall be posted by the EMPLOYER at all work sites for at least thirty (30) days. D. 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. E. The joint committee shall have the power to recommend safety improvements to the Fire 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. Section 3. Heart Chest Exam. The EMPLOYER agrees to provide each unit employee 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. ARTICLE XI. SICK LEAVE Section 1. 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 Page 8 of 27 be used for any bonafide illness of a member of the Union employee's immediate family living in the same household. Section 2. Family and Medical Leave Act. The Family and Medical Leave policy set out in the City of Beaumont Policies and Procedures Manual shall apply to the employees in the Fire Department. ARTICLE XII. 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, step-children, mother, step-mother, father, step-father, grandparents, grandchildren, brother, step-brother, sister, step-sister of the employee or the employee's spouse. ARTICLE XIII. VACATIONS AND HOLIDAYS Section 1. Holidays. A. The following holidays will be recognized: New Year's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day Martin Luther King, Jr. Day B. Employees required to work on a holiday will be paid one and one half the basic rate of pay for hours actually worked on the holiday. Employees required to work on Page 9 of 27 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. Section 2. Vacations. Employees in the Fire Department shall earn 1 % vacation days for each month worked during the given year. All vacation time earned in a calendar year must be taken in the following calendar year. Firefighters with 15 to 23 years of service will receive an extra two (2) days for a total of seventeen (17) days of vacation per year. Firefighters with twenty-four (24) years or more of service will receive a total of twenty-one (21) days of vacation per year. A. For the purposes of this section, one (1) shift equals two (2) days. B. The EMPLOYER will develop an annual vacation schedule of seventeen(17) 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. Section 3. Personal Leave Days. 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. Page 10 of 27 ARTICLE XIV. 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 shall forward to the UNION a copy of all authorizations or cancellations of voluntary deduction of UNION dues by employees in the unit. ARTICLE XV. PENSION The EMPLOYER shall contribute to the pension fund an amount equal to thirteen percent (13%) of each employee's salary. ARTICLE XVI. 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. "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 at the rate of 1 1/2 each employee's "basic rate of pay" for overtime purposes. Overtime shall be paid in compliance with the Federal Fair Labor Standards Act. Page 11 of 27 ARTICLE XVII. EDUCATIONAL INCENTIVE PAY Any member of the bargaining unit who earns an Associate Degree, Fire Technology, shall receive one payment of$200 as an educational incentive. ARTICLE XVIII. EDUCATIONAL DIFFERENTIAL PAY Section 1. Any full-time employee of the Fire Department approved by the City Manager to enroll in a course will be reimbursed by the EMPLOYER 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. Section 2. The course work must relate to the applicant's present position for the purpose of: 1. Improving skills or knowledge required in the employee's 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. Section 3. Upon completion of course work for which the employee has received reimbursement from the EMPLOYER for books and fee costs, the employee must remain in the service of the EMPLOYER for one (1)year; otherwise all sums paid by the EMPLOYER must be reimbursed by the employee to the City. ARTICLE XIX. CERTIFICATION PAY Any member of the bargaining unit who holds or earns an Intermediate, Advanced or Master Fire Fighter Certificate shall receive payments of sixty dollars ($60), one Page 12 of 27 hundred dollars ($100) and one hundred fifty dollars ($150) per month. A member of the bargaining unit will only be paid for one of the above certificates. ARTICLE XX. INCENTIVE PAY Section 1. All employees, except the training officer, who teach in the basic fire academy shall receive incentive 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. Section 2. All team members of the following respective teams shall receive incentive pay as follows: A. Haz-Mat Team: Team Leader: $60 per month. Team Member: $50 per month. B. Dive Team: All Members: $50 per month. C. Breathing Apparatus Technicians: $25 per month. ARTICLE XXI. CLOTHING AND CLOTHING MAINTENANCE ALLOWANCE All employees of the bargaining unit shall receive a clothing allotment annually of regulation uniforms. All employees in the bargaining unit shall receive a clothing and clothing maintenance allowance of thirty-five dollars ($35.00) per month. ARTICLE XXII. 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. Section 2. Car allowances shall be in accordance with the prevailing City rate of civilian employees. Page 13 of 27 ARTICLE XXIII. HOURS AND OVERTIME PAY Section 1. A. 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. B. "Suppression employees" are those employees permanently assigned to a piece of fire apparatus 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. C. All personnel assigned to forty (40) hour work weeks consisting of five (5) eight(8) hour days or four(4)ten (10) 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) per month. Section 2. A. If the UNION prevails in the Joint Dispatch Grievance, the language as lined through below will remain in the 2008 contract. If the City prevails in the Joint Dispatch Grievance, the lined through language below will not be included in the 2008 contract. [GernmuniGation DMsien employees shall woFk twelve(12)hour shifts, altemating betweeR night and day shifts. Day shifts wPI be frem 7:00 C)'GIGGk a.Fn. to 7:00 G'GI0Gk p.m-. DispatGhers will aveFage forty twe (42) hours per week. For vaGatiE)R and S*Gk leave purposes, one (1) twelve (12) hour shift will equal ene (1) day. VaGatiens wall be PiGked Page 14 of 27 B. The Gh*ef of Coffl,muniGations and the Assistant CornmuniGations Off*GeF . (;OMMUniGations QffiGeF wHI also FeGe4ve assignment pay in addition te any other GC)MpeRsatien to wh;Gh they may be entitled at the Fate Gf 9Re hundFed dollaFs ($100) pef MORth.] 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 1112 times the regular rate of pay. ARTICLE XXV. INDUSTRIAL FIRES All firefighters responding to calls to industrial plants or storage facilities containing hazardous materials outside the city (whether on duty or if 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 Section 1. Where a firefighter is absent, thus creating a vacancy, for three (3) or more hours, all temporary promotions necessitated by the vacancy are automatic. Byway of example, if a Grade 3 is absent for a shift, the Grade 2 at the same station is promoted for the entire shift, and one (1) Grade 1 at the station is promoted to Grade 2. Page 15 of 27 Section 2. Temporary promotions do not automatically occur to fill a vacancy created by a firefighter's absence of less than three (3) hours. However, temporary promotions are automatic for persons assigned to a unit that is called to respond to an incident during the period a firefighter on the unit is absent. Section 3. A firefighter who performs the duties of the next higher classification due to a vacancy caused by another firefighter's absence is entitled to the base salary of the higher position together with the firefighter's own longevity or seniority pay, educational incentive pay, and certification pay during the time the employee performs the duties of the higher position. Section 4. A firefighter who is temporarily promoted due to the absence of another firefighter is expected to perform the duties of the higher position during the entire time of the temporary promotion. ARTICLE XXVII. ENTRY LEVEL HIRING PROCEDURES The UNION agrees that the EMPLOYER shall have the right to establish entry level selection procedures for Grade I firefighters. Modifications to existing entry level selection procedures shall be brought to the attention of the UNION ten (10) days prior to implementation. In establishing entry level selection procedures for Grade I firefighters, the EMPLOYER shall not be bound by or subject to the entry level hiring procedures set forth in Chapter 143, Local Government Code. However, the EMPLOYER agrees to indemnify, defend and hold harmless the UNION, to the maximum extent allowed by law, in any litigation filed against the EMPLOYER and/or the UNION concerning entry level selection procedures implemented by the EMPLOYER under the authority of this Section. Page 16 of 27 ARTICLE XXVIII. 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 XXIX. 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. ARTICLE XXX. WAGES Section 1. Upon execution of this agreement, the EMPLOYER will provide for base wages as attached in Addendum A. ARTICLE XXXI. INSURANCE Section 1. Life Insurance. The EMPLOYER shall provide all employees with life insurance and accidental death and dismemberment coverage in an amount equal to one (1) times an employee's annual base wage, up to a maximum of$50,000. Section 2. Medical. Dental and Prescription Drug Plans. A. The EMPLOYER will provide the same medical, dental and prescription drug plans to all firefighters under the same terms and conditions as civilian employees. Contributions to the plans by firefighters shall be monthly premiums paid in the same amounts and under the same terms and conditions as civilian employees. Upon execution Page 17 of 27 ° of this agreement, firefighters with one dependent enrolled on the City's medical plan, as of January 1, 2008, will receive a one-time payment of $900.00. Firefighters with two dependents or more enrolled on the City's medical plan, as of January 1, 2008,will receive a one-time payment of$1,200.00. Beginning January 1, 2009, the City may increase the monthly premium rates(medical or dental)for firefighters by the same percentage increase of the monthly premium rates of civilian employees in a plan year, not to exceed twelve and one half percent (12.5%) per plan year. Section 3. Retiree Medical Insurance Program A. During the term of this agreement, Employer will provide medical coverage for firefighters retiring or becoming disabled and their dependents after April 1, 1984, subject to the provisions of Sections 3.C. through 3.H. hereof inclusive. B. EMPLOYER is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverages of the retiree insurance may change in the future. C. Retired or disabled firefighters 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 individuals who are considered eligible dependents of the disabled/retired firefighter at the time of retirement shall be eligible for continued medical coverage. The disabled/retired firefighter shall not add/change(except drop)a dependent while covered under this medical plan. D. Any firefighter who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible Page 18 of 27 dependents under the City's group medical plan. However, the retired or disabled firefighter shall make application at least thirty-one (31) days prior to the spouse's termination date to the City to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provision of this amendment. Upon retirement, the retiree will be required to complete and sign a "Delayed Participation In Retiree Medical Coverage" Form. "If a participant's contribution rate status as set out in 3.G. hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status changed. 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 firefighters and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. F. Retired and disabled individuals and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of"dependent" as listed in the summary plan document. Page 19 of 27 G. A participant who would otherwise be required to leave the program herein established as provided by 3.F. above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. EMPLOYER will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. H. The participant's monthly contribution rate for medical insurance will be as follows: Single Rate - $150 Single + 1 dependent - $200 Family - $250 Those participants who retired between the dates of April 1, 1984, and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. I. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%of the COBRA rate on January 1 st annually. The single +1 dependent rate will be established at 58%of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 3.G. hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Page 20 of 27 Section 4. Retirement Health Savings Plan. Firefighters shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. ARTICLE XXXII. 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. A. An employee who has a grievance concerning disciplinary action as defined in Section 1 of this article may choose to file his/her appeal/grievance through either the contract grievance procedure or through the provisions of TLGC 143 (Civil Service), but not both. B. 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. 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 Page 21 of 27 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 City Manager or the Fire Chief. 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 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. Page 22 of 27 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 Page 23 of 27 that the grievance be submitted 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. Page 24 of 27 ARTICLE XXXIII. COMPLETE AGREEMENT CLAUSE Section 1. A. 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. B. It is specifically provided that there shall be no further negotiations except by mutual agreement of any subjects above mentioned. C. 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 174.021, Local Government Code. Section 2. The UNION and the EMPLOYER agree that this agreement is intended Page 25 of 27 to cover all matters affecting wages, hours, and other terms and conditions of employment and similar or related subjects. During the term of this agreement, neither the EMPLOYER nor the UNION will be required to negotiate on any matters affecting these or other subjects not specifically set forth in this agreement. Section 3. All modifications of this agreement must be made in writing and signed by both the EMPLOYER and the UNION before such modifications shall become effective. Section 4. If any article or section of this agreement or any provision should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending final determination as to its validity, the remainder of this agreement shall remain in full force and effect and shall not be affected thereby. Section 5. This agreement shall be binding on the parties hereto and their successors and assigns. ARTICLE XXXIV. NEGOTIATIONS TO COMMENCE "Collective bargaining," as that term is used in Local Government Code, Section 174.105, 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. Page 26 of 27 ARTICLE XXXV. DURATION OF AGREEMENT This Agreement shall be effective upon signing and shall remain in full force and effect until the 30th day of September, 2012. This Agreement shall continue in effect after September 30, 2012, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2013. The City presently intends to continue this Agreement each fiscal year through the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds, lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. CITY OF BEAUMONT By: ATTEST: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 399 By: ATTEST: Page 27 of 27 ADDENDUM A SCHEDULE OF MONTHLY WAGES EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE UPON SIGNING 10/01/08 10/01/09 10/01/10 10/01/11 GRADE I - FIREFIGHTER Start to 1 year 3,500 3,675 3,859 4,013 4,174 1 year to 3 years 4,162 4,148 4,355 4,529 4,711 3 years to 5 years 4,337 4,322 4,538 4,719 4,908 5 years to 7 years 4,429 4,414 4,634 4,820 5,012 7 years to 10 years 4,473 4,458 4,681 4,868 5,063 10 years to 15 years 4,563 4,548 4,775 4,966 5,165 15 years or more 4,653 4,637 4,869 5,064 5,266 GRADE II - DRIVER/OPERATOR Start to 2 years 4,932 4,916 5,161 5,368 5,583 2 years or more 5,030 5,013 5,264 5,475 5,693 GRADE III - CAPTAIN Start to 2 years 5,317 5,299 5,564 5,787 6,018 2 years or more 5,501 5,483 5,757 5,987 6,226 GRADE IV- DISTRICT CHIEF 5,978 5,958 6,255 6,506 6,766 GRADE V- DEPUTY CHIEF 6,449 6,427 6,748 7,018 7,299 GRADE VI -ASSISTANT CHIEF 6,831 6,808 7,148 - - Note-The first column reflects a 12% wage increase over current wages paid out over an eight (8) month period. The second column, or wages effective October 1, 2008, will actually decrease slightly as a result.