Uniform and Protective Equipment 13
Additional Services 14
Terms of Agreement 15
Strike and Lockouts 15
Contract Exclusion 16
Appendix A – Wages 17
Appendix B – Shift Schedule 18
This agreement is entered into by and between the City of Texas City, Texas, hereinafter referred to as the Employer, and Local 1259 of the International Association of Firefighters, hereinafter referred to as the Union.
The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Texas City Fire Department, except the Fire Chief.
This agreement constitutes the principle agreement between the parties, and with the exception of Civil Service Regulations now in existence of hereafter adopted, no past practices, stipulations or understandings, memoranda bulletins or other form of agreement shall be construed as in any way modifying, altering or amending the terms or condition thereof. It is agreed that the statutory obligations to bargain have been satisfied and are now waived for the duration of this agreement, except as provided in Article 26 and 27 and Appendix B hereof.
The Union recognizes the following rights and functions as being the prerogative solely of the Employer, except as and to the extent expressly
modified or limited by a specific term of this agreement or by Civil Service Rules of the City of Texas City, Texas in existence as of the date hereof or hereafter adopted:
The efficient management and operation of the Department; supervision of the work force; hiring, discharge or discipline; determination of the number, location and type of facilities and operations; methods, and procedures to be employed herein; and promulgation of reasonable rules not in conflict with the terms of this agreement.
The enumeration of certain rights of Employer herein shall not be deemed to exclude or invalidate any other right or rights inherent to Employer.
Failure by the Employer to exercise any right or rights reserved to it shall not constitute a waiver of such right or rights.
PAYROLL DEDUCTION AND DUES
The employer agrees to deduct, once each month, dues and assessments in the amount certified to be current by the Secretary-Treasurer of Local 1259 from the pay of those employees who individually request in writing that such deductions be made. This authorization shall remain in full force and effect during the term of this agreement.
It is understood that said authorization is completely voluntary and may be terminated by the employee in writing at any time.
The execution of this Agreement shall not eliminate any benefit previously grants by the Employer, not specifically covered hereunder.
CIVIL SERVICE RULES AND REGULATIONS
Civil Service Rules and Regulations in effect on July 1, 1975, and those adopted hereafter shall be a formal part of this Agreement. Claims of violations of such rules and regulations shall be filed under the Civil Service Act. The adoption of new Civil Service rules, or changes in existing Civil Service rules, shall be accomplished by the Employer regarding such proposed new rules or changes, provided that the resolution of such question shall not be subject to arbitration.
Personnel reduction shall be in accordance with Civil Service Rules and Regulations.
Any employee called for jury service, or serving as a witness under subpoena issued at the request of the City, shall receive his regular pay for the period he is required to be present for such duty, and for a period of one hour preceding reporting time and two hours following time of release from same.
Accumulation of sick leave and on-duty injury benefits shall be covered by rules of Civil Service.
For members of the bargaining unit who are regularly scheduled to work a twenty-four (24) hour shift day, sick leave shall be charged to such employee on the basis of two (2) day of sick leave benefits for each twenty-four (24) hour shift.
It shall be the responsibility of the employee to furnish evidence satisfactory to the Employer, that a claim for benefits hereunder is based on a bona fide illness or injury, and to provide evidence satisfactory to the Employer that the employee is fit and able to return to work and perform the duties normally required of him.
DEATH IN THE FAMILY
In the event of a death in the immediate family of an employee, the employee shall be granted up to two (2) scheduled work days off with pay during the period beginning at the time of death and ending at the conclusion of the shift which commences on the day of the funeral.
“Immediate family” shall be defined as the spouse and children, including legal wards, of the employee, as well as the parents, brothers, and sisters of the employee and the employee’s wife.
In the event of the death of a grandparent of the employee or employee’s spouse, the employee shall be allowed sufficient time off, up to the amount provided above, reasonably necessary to permit attendance at the funeral.
The following shall be observed as holidays; New Year’s Day, San Jacinto Day, Good Friday, Memorial Day, Independence day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. In addition to the above, any day designated by the President of the United States on a single occasion as a national holiday, or by the city officials of the City of Texas City on a single occasion as a municipal holiday, shall be observed.
Employees shall be entitled to holiday compensation in the form of compensatory time off at the rate of one twenty-four (24) hour shift for each
Holiday, regardless of whether or not work was performed on such holiday. Such time off shall be subject to department regulations.
Vacation allowance shall be earned annually based upon the following schedule:
Two weeks vacation with pay after completion of one year of continuous service with the City.
Three weeks of vacation with pay after completion of seven years of continuous service with the City.
Four weeks of vacation with pay after completion of eighteen years of continuous service with the City.
Employees shall be given preference in scheduling vacations in accordance with departmental seniority. Scheduling of vacations shall at all times be subject to departmental staffing requirements, as determined by the Chief of the Department. Any employee leaving the service of the City, for any reason, shall be paid for unused vacation time which has been accrued to date of termination. Employees taking vacations shall be entitled to pay for such vacation at the time of commencement of said vacation.
All hours worked outside an employee’s regular schedule, shall be paid at the rate of one and one-half times the basic rate of pay. The employee’s regular schedule may be changed on twenty-four (24) hours notice, provided that in the event such schedule change shall result in an employee working in excess of the number of hours in the nine week cycle of his original shift, such excess hours shall be paid at the overtime rate.
The basic rate of pay shall be the annual salary divided by 2,912 hours.
Employees who are called back to work without prior notice, and who are requested to report for work within less than eight (8) hours from the time of such call, shall receive eight hours pay at the overtime rate. In the event the callback time provided herein extends into a regular shift, the employee shall nevertheless be entitled to eight (8) hours pay at time and one half, but the pay for such overlap time shall not be pyramided with his regular pay.
WORKING OUT OF CLASSIFICATION
Any employee covered by this agreement who is temporarily assigned to a position or rank above that which he normally holds, shall receive the minimum rate of pay applicable to such higher position or rank during such period of time. This provision shall not apply when an employee is temporarily directed to carry out only specific duties of such higher position or rank, or when such employee is acting in such higher capacity for training purposes.
PENSION AND RETIREMENT
The employer shall contribute Nine percent (9%) of each employee’s base pay to the Firemen’s Pension and Retirement Program.
The salary schedules set out and attached hereto as Appendix A, shall form a part of, and be subjected to all the provisions of this Agreement.
Longevity pay shall be administered under Article 15832, Vernon’s Texas Penal Code.
EMPLOYEE MEDICAL COVERAGE PROGRAM
The group medical insurance plan now in effect covering employees, or a plan providing equal or greater benefits, shall remain in effect during the term of this agreement. The Employer agrees to contribute 100% of the cost of the employee coverage and the employee may insure eligible members of the family as his expense.
The Employer shall provide liability insurance protection for every member of the Bargaining Unit responsible for the operation of fire equipment, as permitted by Legislative Acts of State of Texas.
Employees elected to the “Union Committee” shall be granted reasonable time for negotiations, and administration of the contract without loss of pay, including the investigation of grievances which require immediate attention, provided that such activities shall not hamper the operation of the Department, and provided further that prior permission is obtained.
The Union shall inform the Employer in writing of the names of three (3) employees who shall constitute the “Union Committee”. The Committee shall meet with the representative of the Employer on the second Tuesday of each month and at such other periods as may be mutually deemed necessary and advantageous to the efficient and harmonious administration of this agreement.
Employees serving on such committee shall not suffer loss of pay as a result of time spent in such meetings.
Employees may make shift or schedule changes, or arrange vacations or days off in order to carry on other Union business, provided that the prior consent of the Chief of the Department is obtained and that such does not result in any increased cost to the Employer.
Grievances or disputes which may arise, concerning the interpretation or application of this agreement, shall be handled in the following manner:
The Union Committee, upon receiving a written and signed grievance, shall determine if said grievance has merit.
If the Committee wished to present the matter to the Employer, it shall be presented in writing to the Chief of the Fire Department within ten days from the date of occurrence.
3. The Chief of the Department will render his written response to the Union Committee within five days from receipt of the grievance.
4. If the Committee is not satisfied with the response, it may, within five days of such response, request in writing that the matter be placed on the agenda for discussion at the next meeting between the Union Committee and the Employer. The Employer will notify the Union Committee of its disposition of the matter in writing within five days following such meeting.
5. If the disposition by the Employer is not acceptable to the Union, the Union may by written notice submitted to the Employer within five days of receipt of such disposition, request that the matter proceed to arbitration in accordance with the arbitration clause hereinafter set forth.
The arbitration procedure hereinafter provided for shall apply only to those issues which are arbitrable under this agreement. In order for a grievance to be arbitrable it must (a) have been properly and timely processed by the moving party in accordance with the terms of the grievance procedure provisions of this agreement; (b) it must involve the interpretation or application of this agreement or other written agreements between the Employer and the Union; (c) it must not involve the exercise of any of the rights which are set forth heretofore as Employer’s rights, which are not expressly modified or limited by specific term of this contract; and (d) it must be of a matter or of a nature required to be handled in accordance with Civil Service procedures as provided in this agreement.
If a question is raised regarding arbitrability under this agreement of the issue sought to be arbitrated, and such question is not agreed between the parties, either party may require that such question of arbitrability be submitted to the arbitrator before the facts of the issue sought to be arbitrated are presented. The fact that a claim or dispute has been considered under the grievance procedures will have no bearing on the question of the arbitrability of such claims or dispute.
The arbitrator’s jurisdiction to make an award shall ne limited and confined to the interpretation or application of the provisions of this agreement and/or other written agreements between the Employer and the Union. The arbitrator shall not jurisdiction to make an award which has the effect of amending, altering, enlarging or ignoring any provision of this agreement, nor shall he have jurisdiction to make an award which shall have the effect of amending, altering, enlarging or ignoring any provision of the Civil Service Regulations of the City of Texas City, nor shall he have jurisdiction to determine that the parties by practice or implication have amended or supplemented this agreement, unless parties shall expressly submit to him the issue as to whether or not such agreement by practice or implication was made.
The Employer and the Union shall meet within (5) five days after receipt of request for arbitration as provided hereinabove, at which time the parties shall by mutual agreement select a sole arbitrator, or if they cannot agree on an arbitrator, shall jointly request the Director of Federal Mediation and Conciliation Service to submit a list of five (5) arbitrators. Within five (5) days from receipt of such list, the Employer and the Union shall eliminate
from the list four (4) names by each alternately eliminating one. The name remaining shall then become the sole arbitrator.
The compensation of the arbitrator and his expenses in connection with the arbitration shall be borne equally by the Employer and the Union.
The arbitrator shall be permitted to have access to all records and information determined to be pertinent to the case being arbitrated.
Arbitration as provided herein, shall not in anyway effect arbitration as provided by the Statutes of the State of Texas with regard to negotiation of labor Agreements between Fire Service Employees and Municipalities.
Either party to this Agreement desiring transcripts of arbitration hearings shall be responsible for the cost of such transcripts.
UNIFORM AND PROTECTIVE EQUIPMENT
Each employee shall be entitled to be furnished four (4) complete uniforms each year. Such uniforms shall be worn while on duty. All protective clothing or protective devices required of employees in performance of their duties shall be made available without cost to the employees.
OCCUPATIONAL SAFETY AND HEALTH PROGRAM
The Employer shall endeavor, so far as practical, to provide safe and healthful conditions for the employees.
The Union Committee shall have the right to consult with the Employer regarding matters of health and safety and may submit written recommendations for discussion at the regular meeting provided in Article 21 hereof.
In the event of an on-the-job injury to an employee resulting in lost time or hospitalization, the Union Committee shall investigate the circumstances and submit to the Chief of the Department its findings as to the nature and cause of injury, and recommendations for corrective and preventive actions, if appropriate. The Chief shall respond to all written recommendations in writing in accordance with the grievance procedure.
Committee members shall not suffer loss of pay for the time reasonably required to carry out such investigations.
Matters arising under this Article shall be subject to the grievance procedure provided herein, but shall not be subject to arbitration.
In the event the employees covered hereunder are required to provide additional services or fill positions hereafter created within the department, the wages, hours and working conditions of same shall be subject to negotiation, in accordance with the provisions of Article 5154-C V. A. C. S.
TERMS OF AGREEMENT
The Agreement shall be in effect with regard to all of the conditions hereof with the exception of wages and pension benefits for a period of two years commencing on July 1, 1975. It shall be automatically renewed from year to year thereafter unless either party shall have notified the other in writing at least one hundred twenty (120) days prior to the annual anniversary date that it desires to modify the agreement.
This Agreement may be reopened annually on its anniversary date for the purpose of negotiating across-the-board changes in the base wage provision contained herein, or with regard to the pension benefits as provided herein, provided that the party desiring such reopening shall give the other at least one hundred twenty (120) days written notice that it desires to do so. In the event agreement on such negotiations is not reach by the anniversary thereof, the issue may be submitted to arbitration, with the arbitrator to be selected and procedure followed in accordance with the terms of the arbitration provision hereof.
STRIKES AND LOCKOUTS
There shall be no strike or other form of concerted withholding of services of employees, or lockout by the Employer, so long as this agreement is in effect. The parties will resolve their differences in a responsible manner in accordance with the terms of this agreement or Article 5154-1, V. A. C. S., as appropriate hereunder.
Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing of subsequently enacted legislation or by any decree of a Court of competent jurisdiction, such invalidation of such part or portion of this Contract shall not invalidate the remaining portions hereof and they shall remain in full force and effect.
APPENDIX A – WAGES
July 1, 1975 to July 1, 1976
Hire-In Months Months Engineer Captain
$10,612.00 $10,854.00 $11,095.00 $11,357.00 $12,089.00