HomeMy WebLinkAboutORD 77-19ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING
SECTION 12-20 OF THE CODE OF ORDI-
NANCES OF THE CITY OF BEAUMONT BY
ESTABLISHING THE NUMBER OF POSITIONS
AND RATES OF PAY IN EACH GRADE OF
THE FIRE DEPARTMENT; AUTHORIZING THE
EXECUTION OF A LABOR AGREEMENT WITH
LOCAL NO. 399, INTERNATIONAL ASSOCIA-
TION OF FIREFIGHTERS; AMENDING THE
BUDGET OF THE CITY OF BEAUMONT FOR
THE FISCAL YEAR BEGINNING OCTOBER 1,
1976; AUTHORIZING SETTLEMENT OF
CAUSE NO. D-104,181 STYLED LOCAL
NO. 399, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS VS. CITY OF BEAUMONT;
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO MAKE ALL PAYMENTS RE-
QUIRED UNDER SAID LABOR AGREEMENT
AND AGREED JUDGMENT; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL CON-
FLICTING ORDINANCES.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Section 12-20 of the Code of Ordinances of the
City of Beaumont is hereby amended to read as follows:
Section 12-20. Grades and Classifications
in Fire Department.
All positions in the Fire Department
in the City of Beaumont, Texas, are
hereby classified in the following
grades, each grade having duties of sub-
stantially similar authority, impor-
tance, and responsibility:
(1) Grade I. There shall be ninety-six
(96) positions in Grade I, said positions
to include firefighters. The base pay
of every firefighter with less than one
(1) year's service shall be Nine Hundred
Thirty And No/100 ($930) Dollars per
month; the base pay of every firefighter
in this Grade with more than one (1) year's
service but not more than three (3) years'
service shall be Nine Hundred Sixty Eight
And No/100 ($968) Dollars per month; the
base pay of every firefighter in this
Grade with more than three (3) years',
service but not more than five (5) years'
service shall be One Thousand Twenty One
and No/100 ($1,021) Dollars per month;
and the base rate of pay of every fire-
fighter in this Grade with five (5) years
or more service shall be One Thousand
Forty Eight And No/100 ($1,048) Dollars
per month.
(2) Grade II. There shall be fifty-nine
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(59) positions in Grade II, said
positions to include fire. -prevention
investigator I and fire engineers.
The base pay of every firefighter -:'.in
this Grade with less than five (5)
years' service in this Grade shall be
One Thousand One Hundred Twenty Nine
And No/100,($1,1.29) Dollars per month;
and the base pay of every firefighter
with five years or more service in this
Grade shall be One Thousand One Hundred
Fifty Six And No/100 ($1,156) Dollars.
(3) Grade III. There shall be forty-two
(42) positions in Grade III, said positions
to include fire captains and fire preven-
tion investigators II. The base pay of
every firefighter in this Grade with less
than five years in this Grade shall be
One Thousand Two Hundred Thirty -Six And'
;No/100 ($1,236)'Dollars per month; and
the base pay of every -firefighter in this
Grade with.:"f ive :,(.5) - years_ .or more in this
Grade shall be One Thousand Two Hundred
Ninety And No/100 ($1,290) Dollars per
month.
(4) Grade IV. There shall be twelve (12)
positions in Grade IV, said positions to
include district chiefs, fire dispatch
supervisors, fire marshal and training
officer. The base pay of every firefighter
in this Grade with less than five (5) years
in this Grade shall be One Thousand Three
Hundred Seventy -One And No/100 ($1,371)
Dollars per month; and the base pay of
every firefighterfin this Grade with five
(5) years or morein this Grade shall be
One Thousand Four Hundred Twenty -Four And
No/100 ($1,424) Dollars per month.
(5) Grade V There shall be three (3)
positions in Grade V, said positions to
.include deputy chiefs. The base pay of
every firefighter in this Grade with less
than five years in this Grade shall be One
Thousand Five Hundred Five And No/100
(.$1,505) Dollars per month; and the base
pay of every -firefighter 'in this Grade with
more than five (5) years in this Grade shall
be One Thousand Five Hundred Fifty Nine And
No/100 ($1,559).Dollars per month.
(6) Grade VI. There shall be one (1) posi-
tion in Grade'VI, said position being assis-
tant fire chief. The base pay of each
firefighter in this Grade.shall be One Thou-
sand Six Hundred Sixty Six And No/100 ($1,666)
Dollars per month.
Section 2.
That the City Manager.be, and he is hereby, authorized
to execute a labor agreement with Local No.-399,.International
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&Ld l 17-0
Association of Firefighters,•a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all intents
and purposes.
Section 3.
That the budget of the City of Beaumont for the
fiscal period beginning October 1,:1976, and ending Septem-
ber 30, 1977, is hereby amended by appropriating -the sum of
One Hundred Sixty Thousand And No/100 ($160,000) Dollars from
New Revenues and the sum of One Hundred Thirty Five Thousand
And No/100 ($135,000) Dollars from the General Fund Balance
in the following amounts to the following accounts:
Account No. 34-101 $243,000
Account No. 34-105 24,300
Account No. 79-413 27,700
Section 4.
That the City Attorney be,.and he is hereby,:autho-
rized to enter into an agreed judgment in Cause No. D-104,181
styled Local No. 399, International Association of Firefighters
vs. City of Beaumont, incorporating the terms.of the labor
agreement executed pursuant to this ordinance, providing for
the payment to the International Association of Firefighters
of attorneys' fees not to exceed $25,000, and providing for
the payment by the City of Beaumont of all court.costs incurred.
Section 5.
That the appropriate city officials are authorized
to make all payments required under said labor agreement
and said agreed judgment.
Section 6.
This ordinance shall be effective only upon the
execution by Local No. 399, International Association of Fire-
fighters., of the labor agreement attached hereto as Exhibit
"A". Upon execution of said agreement, this ordinance shall
be effective from and after October 1, 1976. Only Section 1
hereof shall be published in the Code.of Ordinances of the
City of Beaumont.
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Section 7.
That if any section, subsection, sentence, clause
or phrase of this ordinance, or the application of same to
a particular set of persons or circumstances, should for
any reason be held to be invalid, such invalidity shall
in no wise affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this
ordinance are declared to be severable.
Section 8.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
PASSED BY THE CITY COUNCIL.of the City of.Beaumont
this the day of,. 1977.
Mayor -
WIC
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THE STATE OF TEXAS
COUNTY OF JEFFERSON
DRf
X H l ! ''A 1 `7
X
X _
A G R E E M E N T
This agreement is made and entered into by and
between the City of Beaumont, a municipal.corporation domi-
ciled in the State of Texas; herein referred to as the "EMPLOYER",
and Local 399, International Association of Fire Fighters, here-
inafter referred to as the "UNION".
ARTICLE I.
IN'T'ENT 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 main-
tain a sound economic basis for the delivery of public ser-
vices; and to provide for, -the operation of the services_ deli-
vered by the City under methods which will,further,:to-the
fullest extent possible, economy and efficiency of operation,
elimination of waste, realization of maximum quantity and
quality of output, cleanliness, protection of property and
avoidance of interruptions to service. The parties to this
agreement will cooperate fully to secure the advancement and
achievement of these purposes.
ARTICLE(II.
RECOGNITION
Section 1. The Employer recognizes the Union as the exclusive
bargaining agent for -all permanent paid e_Dployees in the Fire
Department, excluding the Fire Chief. In the event that
legislation is a_r,ended or changed to re-aeflne the composi-
tion of the bargaining unit, the parties will comply on the
e_f_actltiP_ date of ai_y sl_]ch red"eral 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 activitiy in behalf of, or membership.in,
the Union.. The Union agrees that it will not coerce or inti-
midate any employee.into joining the Union. The Union and.
Employer recognize that no employee is required tojoin 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, 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 giverning.conduct and safety, the right to determine
schedules of work toge--her with the right to determine the
:methods, processes and manner of performing ::or=k, the deter-
methods,
Of the S1Z2 Of the workforces the assig^ ent of
`.•�Ork to e iployees ithin the dei ark_�i n ii't'
;e t, -;e deme i_nacion
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0
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.
ARTICLE V.
SENIORITY
At the completion of an employee's probationary
period, continuous service for.purposes of seniority shall
date from the first day of employment.
All seniority considerations and requirements shall
be in accordance with present City policy and all applicable
State laws.
Promotions and demotions will be made in accordance
with 1269m. Lateral transfers within the department will'be
made by the Employer on the basis of merit with due considera-
tion of seniority.
In the. -event an employee believes he has just cause
to disagree with a promotion or demotion, he may resort to
the grievance procedure under 1269m. In the event am employee
believes he has just cause to disagree with a transfer made
by the Employer, he may resort to the City grievance procedure.°
The employee may be assisted by the Union.
ARTICLE VI.
NO STRIKE - NO LOCKOUT
Section 1. The Union agrees that during the term of this
agreement; it will not authorize, ratify, encourage, or other -
:vise support any strikes, slow -dot -,-ns, pic''_etingg on-?ploYer' 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. Them-.
Employer agrees .that itIwill 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 pen-
alties in accordance with Section 17 of the Fire and Police
Employee Relations Act; Collective Bargaining, dated August -27,
1973, for violation of Section .l of Article VII herein.
ARTICLE VII.'
GENERAL PROVISIONS
Section 1. - Parking. The Employer shall provide, without
cost, to employees on duty adequate parking space adjacent to
all Fire Department facilities and fire.,stations.•
Section 2. — Bulletin Boards.
A. The Employer agrees to provide space for bulletin
boards, which may be used exclusively by the Union for the
following notices:
1) Notices of Unioni.mee.tings.
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 small not be mutilated, destroyed, or
defaced by the employees. If sasTie should occur, the affected
e-:ployee shall be subject to disciplinary action.
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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, orsubdivisions nor'shall such notices be deroga-
tory or critical of the services, techniques -or methods of
the Employer.
E_ There shall be no other general distribution or..
posting by employees or the Union of pamphlets, advertising
or political matters, notices, or any kind of literature upon
the Employer's premises other than as herein provided.
ARTICLE VIII.
UNION BUSINESS
Section 1. A written'list.of Union stewards and other officers
and representative's -shall be furnished to the employer imme-
diately after their designation and the Union shall notify
the Employer of any changes provided that the Union shall not
request time off for more than one steward for each shift.
Section 2. Stewards shall be granted reasonable time off
during working hours without loss of pay to.investigate and
settle grievances provided.that steward shall request permission
from his deputy chief. Permission may be withheld by the
deputy chief because of operating requirements but such per-
mission may not be withheld for more than eight hours except
in emergencies.
Section 3. Off-duty employees shall not reside or loiter on
department premises, but will be.allowed to enter the premises
for access to their own locker, posting bulletins, processing
grievances, delivering notices, or departmental business, pro-
vided their presence does not interfere with the operation of
the department.
Section 4. Employer will allow either the President or Vice -
President and the Recording Secretary or his designate time
A'-'1�<<. �0-17
off to conduct local union regular meetings and no more than
three special called meetings per contract year.
Section 5. No'more than'two members of the Union negotiating
team shall be allowed time off for all meetings which are
mutually set by the Employer and the Union.
Section 6. Except as otherwise herein provided, the internal.
business of the Union shall be conducted during non -duty hours
of the employees involved.
Section 7. Employees elected -to Union office and/or elected
delegates shall be granted time to perform their Union functions,
including attendance at job-related conventions, conferences.
and seminars without loss of pay, as follows:
A. Two members granted 3 shifts to attend Bi -annual
International Conventions..
B. Three members granted 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. Per-
mission may be granted or denied by Employer.
ARTICLE IX.
RULES & REGULATIONS
Employees in the bargaining unit shall comply with
Fire Department rules and regulations including those relating
to conduct and work performance.
A. The Employer maintains the richt to establish,
amend and modify rules from time to .time. Reasonable changes
ill be made in the
wfollowing _Wanner:
1) Employer will consult with Union prior to
effective date of chance, and Union will
be allcwed to express its, sugcestions'and
objections prior to posting.
2) Changes will.be published so that all employees
are advised of the chances.
3) All rules will be administered and applied
fairly and equitably.
ARTICLE X.
MAINTENANCE OF STANDARDS
Nothing contained in this agreement shall be con-
strued 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.
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, acci-
dents, 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. Union appointees shall be from the same shift
(A, B, or C) and shall serve for a period of six (6) months,
after which the Union will appoint new committeemen from
another shift.
3. The joint committee shall meet as often as nec-
essary but not less than once each month at a regularly sched-
idled time and place to be set by management for the purpose
of jointly considering, inspecting, investigating and review-
ing health and safety conditions and practices and investi-
gating accidents, and for the purpose of effectively making
constructive recommendations '.aith respect_hereto.
4. All matters considered and 'candled by the com-
m?ttee shall be reduced to writing, and point mZnutes of all
meetings of the committee shall be Ynade and maintair;ed, and
r___
t -,..-.o COpZeS thereof Shall befurnished 'k -O -L-ha l:,nlOn. 5?1Ch
M-7
reports are for internal use only and shall not be disclosed
to the public by either the Union or the Employer.
5. Time spent in committee meetings by Union repre-
sentatives, including walkaround time during joint inspections
and investigations, shall be considered and compensated for
as regularly assigned work.
6. The joint committee shall have the power.to
recommend safety improvements to the Department- Chief, in-
cluding target dates, where appropriate. In the event the
committee recommendations are not effected by the target dates
agreed upon the.cornu-nittee has the-prerogati,ve to refer its
reco�ritmendation (s ) to the City Manager.
7. The Employer agrees to provide a chest x-ray
and examination for heart defects once each year, upon request
of the employee.
8. The joint safety committee will -cooperate with
and coordinate its activities with the Safety Department.of
the Employer.
ARTICLE XII.
EDUCATIONAL DIFFERENTIAL
Any full-time employee of the Fire Department
approved by the City Manager to enroll in a course will be
reimbursed for all books, and fee costs related to the approved
course upon proof of having completed the course with a grade
of "C" or better. The City Manager will not approve any
applications from employees until they have completed their
six month probation period.
The course work >-r!ust relate to the applicant's
r e nt poslf:lGn for the purpose of:
1_ L-!pros✓lilg Skills Gr`rCe re ,ah
red In is
Present position.
2. Pre—paring the ei-ilolovee for s n J_ 'L i cant t echno-
logical changes occ-_;rri ng in hi s creer Ti eld.
3. rC. =e Cr c._ --s - -'31 Lei
J
L C
di cre �t cuties.
4. Preparing the employee for assumption
of new and different duties.
Upon completion of course work for which the,
employee has received reimbursement from the City for books
and fee costs, the employee must"remain.in the service of
the City -for one year, otherwise all sums paid'by,the City
must be .reimbursed by the employee to the City.
SECTION XIII.
` MILEAGE ALLOWANCE
Employees required -by the Employer to use their:
private automobiles in traveling between fire stations or
fire training grounds or any officially authorized business
shall be.compensated at the rate of thirteen cents ($.13)
per mile.- Mileage between fire stations..shall be based'on
the following:
:MILEAGE BETWEEN FIRE STA'T'IONS
C 2 3 4 5 6 7 8 9 10 11 TG
�-T3.7
3-0
3.71
-8
-6.7
1.0
7.1
_91
4-5
1.7
1-7
3.7
6.7
3.3
3.11
9-3
3.3
3.9
4--6
6.9
5.4
3.4
( 3-01
6.71
7.2
3.81
7-31
4-0
10.1
2.21
3.31
1.31
4-1
3.71
3-3
7-2I
3.51
4.0
2.7
4.0
4-21
3-8-1
5-8
6-3
-8
1 3.1
3.8
3-5
1
6.91
1.1
6-2
1-61
5.71
2.1 1
1.1
6.]7-
9.3
7.3
4.0
6.9
1 6.01
5-71
5.81.4-01
6.11'
7-2-
1-01
'3-3
4-01
2.7
1_.11
6-0
5.8
1 1.5
3.51
2.7
2. 0.
7 11
3-9
110-T14-0
6-21
5-7
5.81
i
7.4I
7.11
8.81
6__8
_91
4.6
2.2
X4_2
_ 1.61
5.81
1_51
7.41
1
3.21
_1.51'-2.6
4-51
6 9
1 2-3
3-8
5-71
4 01
3-5
7.11
3 2 1
.
1 3. 3
6.0
1.71
5_41
1.3
1 5.81
2. 1
6.11
2-71
8-81
1.51
3.3
1_3.3
1-713.4t4_l�
6.3
1.1
7.2
2.0
6.8L61_6_0
3.3
-9- _
This article shall not apply to employees who re-
ceive car allowances. Payment of mileage due hereunder'shall-
be made quarterly.- Each use of a personal automobile must be
authorized by the deputy chief'of duty. Employees shall be
required to file quarterly mileage reports on forms furnished
by the Employer.
ARTICLE XIV.
UAr1h PTr1'KTC ZATTn TPr)T_Tlave
Employees -in the Fire Department shall earn 1-1/4
vacation days for each month of service. All vacation' -time
earned in a calendar year must be taken in the following cal-
endar year.
The following holidays will.be,recognized::
New Years Day
Good -Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Easter Sunday
any any other holiday declared by the Employer.
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 se-
lected one cycle, each employee shall choose.a second vacation
cycle. If manpower permits, an employee _nay, upon his request,
ta':e t -,o vacation days -- {one shift) with approval of his
Deputy Chief.
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• �. as -� �. �1 c� 1 7
ARTICLE XV.
PAYROLL DEDUCTION OF DUES.
The Employer agrees to deduct, one 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 amoun.t.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 authorization or cancellations of
voluntary deduction of union dues by employees in the unit.
ARTICLE XVI.
PENSION
.The Employer shall contribute to the pension fund
an amount equal to ten (10%) percent of each employee's salary.
ARTICLE XVII.
BASIC RATE OF PAY
"Basic rate of pays" for -the purposes of computing
overtime pay (including callback pay) equals annual salary divi-
ded 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.
HOURS AND OVERTIP-iE PAY
Except for those employees designated to work a
forty (40) hour week, employees shall work shifts of twenty-
four (24) hours on duty followed by forty -eight -(-48) hours off
duty. Beginning October 1, 1977, each employee tijorking such
shifts shall receive one ti•:enty-four (24) hour shift off
during each six (6) weeks. Beginning October 1, 1978, each
eTlployee '.=king such shifts shall receive one (1) -- enty-
four (24) hour shift off during each three (3) - ee s—
Overtime pay or co,:pensatory ti: -,,e o=f shall be in
accordance with depart-. erital pollci es and D " ctices In elcfect
on Ocroher 1, 1976.
. � -� 97
ARTICLE XIX."
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 XX.
INDUSTRIAL FIRES
All firefighters responding to industrial fires
outside the city (whether on duty or called from off duty)
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 XXI.
WAGES
The basic wages in each grade shall be as follows:
GRADE
I
Per mont.
Start to 1
year
$
930
1 year to
3 years
968,_
3 years to
5 years
1021
5 years or
more
1048
GRADE
II.
0-5 years
$
1129
5 years or
more
1156
GRADE
III
0-5 years
$
1236
5 years or
more
1290
GRADE
IV
0-5 years
$
1371
5 years or
more
1424
GRADE
V
0-5 years
$
1505
5 years or
more
1559
GRADE
VI
$
1666
ARTICLE XXII
The T:nployer agrees to pr.vik:e each e-iplol-ee covered
by L 11s a,,7rLGment with $10,000 in '_,_ rn l i fe i �surnhce. The
Employer agrees to pay one-half (1/2) of the cost of each
employee's dependents' group health insurance.
ARTICLE XXIII.
COPIES OF AGREEMENT
The Employer agrees to furnish each employee covered
by this agreement with one copy of this agreement.
ARTICLE XXIV.
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 XXV.
COMPLETE AGREEMENT CLAUSE
Section 1. The parties hereto acknowledge that during nego-
tiations 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 agree-
ments 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 know. ledge or cont e*tzplation
of either or both of the parties at the time they negotiated
or signed this agreement.
It being specifically provided that there shall be no
further negotiations except byt g
,���.�t-cal agree.:,.I�_�� rn �tiri1_�n of
any subjects above mi.enticned.
i
-13
Section 2. The Union and the Employer agree that this agree-
ment is intended to cover all matters affecting wages, hours,
and other terms and conditions of employment and similar or
related subjects. During the term of this agreement, neither
the Employer nor the Union will be required to negotiate on
any matters affecting these or other subjects not specifically
set forth in this agreement.
Section 3. All modifications of this agreement must be made
in writing and signed by both the Employer and the Union before
such modifications shall become effective.
Section.4.- If any Article or Section of this agreement or any
provision should be held invalid by operation of law, or by
any tribunal of competent jurisdiction, or if compliance with
or enforcement of any Article or Section should be restrained
by such tribunal pending final determination as to its validity,
the remainder of this agreement.shall remain in full force
and effect and shall not be affected thereby.
Section 5. This agreement shall be binding on the parties
hereto and their successors and assigns.
ARTICLE XXVI.
DURATION OF THE AGREEMENT
This agreement shall be effective as of the lst day
of October, 1976, and shall remain in full force and effect
until the 30th day of September, 1979. Each year during the
term hereof the parties may renegotiate pursuant to Article
5154c-1 (including all remedies therein provided) the following
terms only: basic rates of pay and the Employer's contribution
to the cost of dependents' group health insurance.
EXECUTED this the day of 1977.
ATTEST:
President, Local No. 399, !AFF
Secretary
ATTEST:
City Clerk
Section 2. The Union and the Employer agree that this agree-
ment is intended to cover all matters affecting wages, hours,
and other terms and conditions of employment and similar or
related subjects. During the term of this agreement, neither
the Employer nor the Union will be required to negotiate on
any matters affecting these or other subjects not specifically
set forth in this agreement.
Section 3. All modifications of this agreement must be made
in writing and signed by both the Employer and the Union before
such modifications shall become effective.
Section 4. If any Article or Section of this agreement or any
provision should be held invalid by operation of law, or by
any tribunal of competent jurisdiction, or if compliance with
or enforcement of any Article or Section should be restrained
by such tribunal pending final determination as to its validity,
the remainder of this agreement shall remain in full force
and effect and -shall not be affected thereby.
Section 5. This agreement shall be binding on the parties
hereto and their successors and assigns.
ARTICLE XXVI.
DURATION OF THE AGREEMENT
This agreement shall be effective as of the lst day
of October, 1976, and shall remain in full force and effect
until the 30th day of September, 1979. Each year during the
term hereof the parties may renegotiate pursuant to Article
5154c-1 (including all remedies therein provided) the following
terms only: basic rates of pay and the Employer's contribution
to the cost of dependents' group health insurance.
EXECUTED this the day of 1977.
STT" S1T:
President, Local lvo. 399, !AFF
Secretary
ATTEST:
City
City Clerk