ARTICLE 1

DEFINITIONS

1.       “Agreement” means the Collective Bargaining Agreement negotiated by and between the City of La Marque and the Fire Fighters Union, Local 3282, International Association of Fire Fighters.

2.       “Base Pay”, means the salary or wages paid to an Employee, exclusively of longevity pay or any other supplemental pay of benefits.

3.       “Chief”, means the Fire Chief of the City of La Marque, Texas.

4.       “City” means the City of La Marque, Texas.

5.       “City Manager” means the City Manager of the City of La Marque, Texas.

6.       “Department” means the Fire Department of the City of La Marque, Texas.

7.       “Disciplinary Action” means suspension or termination.

8.       “Employee” means any non-probationary, sworn, certified, full-time paid employee who regularly serves in a professional fire prevention, suppression and Emergency Medical Service capacity.

9.       “Grievance” is defined as a dispute or disagreement involving the interpretation, application or alleged violation of any provision of this Agreement, or disciplinary actions taken against an Employee.

10.     “Immediate Family” shall be defined in the specific article(s) in which reference to this term is found.

11.     “Layoff” means a termination of an employee resulting from a reduction in force.

12.     “Probationary Period” means the twelve (12) month period immediately following the date of employment of a Firefighter.

13.     “Regular Pay” means the total salary or wages paid to an employee, exclusive of overtime pay, but including longevity pay, certification pay, and any other supplemental pay provided to a Fire Fighter on a recurring basis.

14.     “Strike” means, whether done in concert or individually, a failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including, but not limited to; “slowdowns” and the intentional failure to perform other usual and customary duties), for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment.

15.     “Pre-determination” means a hearing is performed when an employee is facing disciplinary action involving suspension, demotion or termination.  The employee is afforded a Pre-determination hearing in order to respond to the allegations of miss conduct that have been brought against them.

ARTICLE 2

PURPOSE OF AGEEMENT (OR PREABLE)

          It is the intent and purpose of this agreement, entering into by and between the City of La Marque, Texas hereinafter referred to as the Employer, and Local No. 3282, International Association of Fire Fighters, hereinafter referred to as the Union, to achieve and maintain harmonious relations between the parties hereto, and to establish proper standards of wages, hours and other conditions of employment in accordance with the Fire and Police Employee Relations Act of Texas (V.A.C.S. Article 5154c-1 et. Seq.) and to provide for the equitable and orderly adjustment of differences which may arise during the term of this Agreement.

ARTICLE 3

RECOGNITION

SECTION I

          The City of La Marque, Texas recognizes the La Marque Fire Fighters Association, Local 3282, International Association of Fire Fighters, as the sole and exclusive bargaining agent for all Fire Fighters, as that term is defined in Section 3 (l) of Article 5154c-1 V.A.C.S., with the sole exception of the Fire Chief.  Only all full-time, non-probationary, paid Employees of the department are included in the bargaining unit.

SECTION II

          The Association recognizes that those persons duly appointed by the City Council have been authorized as the sole and exclusive negotiators of a contract subject to the approval of the City Council.

ARTICLE 4

AUTHORITY AND TERM

SECTION I

          The Employer and the Union have, by these present, reduced to writing the Collective Bargaining Agreement resulting from negotiations entered into by the Employer and the Union.

SECTION II

          This Agreement shall be effective as of the 1^st day of October, 2006 and shall remain in full force and effect through midnight, September 30, 2009.  Effective for the contract years 2008-09 the Association shall be entitled to request reopening the Collective Bargaining Negotiations for Wages only, by providing notice as required in Article 4, Section 3 of this Agreement.

          In the event that a successor Agreement does not take effect on October 1, 2009 this Agreement shall be automatically renewed for a period of up to one (1) year, and may be extended beyond said period only by mutual agreement between the City and the Union.

SECTION III

          Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of Collective Bargaining, it shall be the obligation of the Union to serve written notice of request for Collective Bargaining on the Employer by no later than May 31 of each year.

SECTION IV

          It shall be the obligation of the Employer and the Union to meet at a reasonable time and confer in good faith within fifteen (15) days following the Employer’s receipt of written notice from the Union requesting a meeting for purposes of Collective Bargaining.  Time periods may be extended by mutual agreement between the Employer and the Union.

ARTICLE 5

NON-DISCRIMINATION

SECTION I

          The Employer agrees not to discriminate against any Employee for his/her lawful activity in behalf of, or membership in, the Union.  The Union agrees that it shall not interfere with, coerce, or intimidate any Employee into joining the Union.  The Union and the Employer recognize that no Employee shall be required to join the Union, but that each Employee has the right to choose of his/her free will as to whether he/she will or will not join the Union.

SECTION II

          The parties further agree that there shall be no interference with the free right of any Employee of the City to enter and leave its premises and property unmolested and without harassment.  It is understood that the entering and leaving of the Employer’s premises shall be for lawful purposes that do not interfere with the efficient functioning of the Employer’s affairs.

SECTION III

          It is the mutual obligation of the City and the Union to assure that no Employee shall be subjected to any discrimination of non-merit factors.

ARTICLE 6

MANAGEMENT RIGHTS

SECTION I

          Except as otherwise specifically provided herein, the Management of the City of La Marque shall have direction of the work force, including, but not limited to, the following rights:

A.       The rights to hire, and to determine the selection methods and the qualifications to require of job applicants.

          B.       The right to discipline or discharge Employees for proper cause.

          C.       The right to lay-off or abolish positions.

D.      The right to make and amend rules and regulations governing Employee conduct and safety.

E.       The right to schedule work, and overtime, together with the right to determine the methods, processes and manner of performing work, and the assignment of work within the department.

F.       The right to determine the size of the work force, and to determine the number of ranks and the number of persons assigned to each rank in the department.

G.      The right to establish and revise work performance measurements and standards.

H.      The right to implement programs to increase the cost effectiveness of departmental operations.

I.       To take whatever actions that may be necessary to carry out the mission of the Employer in emergency situations.  Emergency situations shall be defined as exigent conditions, such as hurricanes or other natural or manmade disasters that extend beyond the normal services required by the Fire Department.

          J.       To control the departmental budget.

K.       To determine the specifications, suppliers, and quantity of all supplies, materials and equipment to be acquired by and utilized within the Department.

L.       To enter into mutual fire protection agreements with other governmental entities, whereby fire protection services of the respective entities are provided to each other, and the duties of bargaining unit personnel shall include the performance of such service unless provided otherwise by such fire protection agreement(s).

          M.      To establish and modify the mission of the Department.

SECTION II

          The above rights are vested exclusively in the Employer, as well as all other unnumerated rights which the Employer has possessed prior to the implementation of Article 5154c-1 et. Seq., except for those rights that may be superseded by other provisions of this Agreement, or by provisions of applicable state or federal statutes.

ARTICLE 7

MAINTENANCE OF STANDARDS

SECTION I

          All economic benefits and working conditions enjoyed by the members of the bargaining unit as of the effective date of this Agreement shall remain unchanged for the duration of this Agreement, unless inconsistent with this Agreement.

          Privileges may be granted or revoked at the discretion of management.  Revocation may occur at any time that management determines that the normal operations of the Department, or public sentiment, are adversely affected by the privilege.  “Privileges” shall not be revoked in an arbitrary or capricious manner.

          For purposes of this Article, “Privileges” are defined as any on-the-job special consideration enabled by Management to an Employee, that is not directly related to the carrying out of the basic mission of the Fire Department function.

ARTICLE 8

STRIKES AND LOCKOUTS

            The parties hereby recognize that strikes, lockouts, work stoppage, and slowdowns of Fire Fighters are unlawful and are prohibited by law.

ARTICLE 9

WAGES

          There shall be a three (3) level rank structure which includes Fire Fighters, Engineers, and Captains.

          Effective October 1, 2009, all employees covered under the Collective Bargaining Agreement shall receive a 2% increase rounded off to the nearest penny. 

 Effective October 1, 2010, all employees covered under the Collective Bargaining Agreement shall receive a 2% increase rounded off to the nearest penny.

 Effective October 1, 2011, all employees covered under the Collective Bargaining Agreement shall receive a 2% increase rounded off to the nearest penny.

SECTION I (BASE WAGES AND RANKS)

          The base wages in accordance with the following schedule are to become effective the first full pay period in October, 2009. 

          The base wages in accordance with the following schedule are to become effective the first full pay period in October, 2010.

The base wages in accordance with the following schedule are to become effective the first full pay period in October, 2010.

          If any other group or class of non-collective bargaining City employees receives a greater increase for the fiscal year 2009-2010, 2010-2011, and 2011-2012, an increase of the same amount shall automatically be applied to all members of the bargaining unit.  This section would not apply to any wage increase granted or awarded to other bargaining unit employees through arbitration, court ruling or voter referendum.

SECTION II (FROZEN WAGES)

          The parties acknowledge that in 2001 when computing the monthly salary increases for the “121-180” and “181+” monthly salary amounts for Captains, resulted in two Captains receiving a much larger than intended raise at those two steps from 2001 until 2009.  As a result, the parties have agreed that the monthly salary rates for Captains that are currently in those steps shall remain at their current wage until a future step, cost of living or until the pay scale catches up to their current salary range and they will be dropped back into the pay scale.  The current pay for these two Captains is $5,568 per month.

SECTION III (STEP UP PAY)

          In the event that a firefighter is stepped up to an engineer or an engineer is stepped up to a captain, an increase of $1.00 per hour shall be given for the duration of the step-up.

SECTION IV (LONGEVITY PAY)

          In addition to base wages, the employer shall continue to provide longevity pay in the amount of $6.00 and based on the same tenure requirements as provided to other non-bargaining unit Employees.

SECTION V (INCENTIVE PAY)

          For the duration of this contract, the employer shall pay, in addition to base wages, monthly amounts as an incentive to achieve certifications which improve the service capabilities within the Fire Department.

          The following certifications must be earned, acquired and maintained from the Texas Commission on Fire Protection Standards and Education for the employee to be eligible to receive the following monthly incentive pay:

          Fire Fighter Certifications:

                   Intermediate Fire Fighter                                $ 75.00/’month

                   Advanced Fire Fighter                                    $100.00/month

                   Master Fire Fighter                                         $125.00/month

          Inspector Certification:

                   Basic Inspector                                              $ 75.00/month

          Investigation Certification:

                   Fire Cause & Origin Investigator                      $ 75.00/month

                   Basic Arson Investigator                                 $100.00/month

          The following certifications must be earned, acquired and maintained from the Texas Department of Health for the employee to be eligible to receive incentive pay:

          Emergency Medical Technician Certifications:

                   Basic EMT                                                     $ 75.00/month

                   Intermediate EMT                                          $100.00/month

                   Paramedic EMT                                              $125.00/month

          Bilingual Certification Pay of $50.00/month will be paid for personnel that can fluently speak and understand Spanish language.  Test to qualify for pay will be performed by the College of the Mainland.

          Certification pay shall not be cumulative within the same certification category unless specifically stated otherwise for that certification category.  The employee shall only be paid for the highest certification obtained and maintained within each category unless specifically stated otherwise for that category.

SECTION VI (EDUCATION PAY)

          For the duration of this contract, the employer shall pay, in addition to base wages, monthly amounts as an incentive to achieve advanced education degrees which improve the educational levels within the Fire Department.

          To be eligible for any educational pay, the degree must be earned from an accredited college or junior college and an official copy of the transcript placed in the employee’s personnel file.  Fire Fighters shall be paid for only the highest degree obtained as follows:

                   Associates Degree                                          $ 75.00/month

                   Bachelors Degree                                           $100.00/month

                   Masters Degree                                             $125.00/month

SECTION VII (INVALID CERTIFICATION)

          In the event that an Employee’s Certification becomes invalid, it shall be the responsibility of the Employee to notify the Chief upon his/her becoming aware of the invalidity, and the Certification pay shall be discontinued as of the date that invalidity occurs.

SECTION VIII (COMPENSATORY TIME)

          Employees shall be allowed to claim compensatory time at one and one half (1 1/2) times his/her regular rate of pay.

          Employee shall be allowed to accrue up to twenty-four (24) hours.

SECTION IV (ASSISTANT FIRE MARSHAL)

          Personal assigned to this position shall be compensated in accordance to the following schedule to be effective the first full pay period in October, 2009.

          Personal assigned to this position shall be compensated in accordance to the following schedule to be effective the first full pay period in October, 2010.

           Personal assigned to this position shall be compensated in accordance to the following schedule to be effective the first full pay period in October, 2011.

ARTICLE 10

PAYROLL DEDUCTION OF DUES

SECTION I

          The Employer agrees to deduct, once each month, dues and assessments in the amount certified to be current by the Treasurer of Local 3282, from the pay of those Fire Fighters who individually request, in writing, that such deductions be made.  The amount of the deduction shall not be changed more than one time in a twelve month period.

SECTION II

          It is understood that the deduction authorization is completely voluntary, and may be terminated by the Fire Fighter, in writing, at any time.  The city shall provide a copy to the Union of any notice received from an Employee requesting cessation of dues deductions.  The notice shall be provided at such time as the check is transmitted to the Union for the period to which the deduction would have been applicable.

SECTION III

          The Union shall indemnify the Employer, and hold it harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the Employer for the purpose of complying with the provisions of this Article.

ARTICLE 11

SICK LEAVE

SECTION I

A.       Fire Fighters who have a twenty-four (24) hour work period shall be entitled to a sick day consisting of one (1) twelve (12) hour period of work.  When such a Fire Fighter used sick leave, the basis of the time charged shall be two (2) days of sick leave for each twenty-four (24) hour work period.

B.       Upon termination of employment, the Employee shall be entitled to receive a maximum of one month’s pay (230 hours) for accrued, unused sick leave.  The formula for the calculation of such pay shall be the hourly rate of the Employee times 2,765 hours divided by twelve (12).  For those Employees who have not accrued 230 hours, he/she shall be paid upon termination for the total number of hours actually accrued at the time of termination.

C.       Employee shall accumulate sick leave at the rate of twelve (12) hours per month to a maximum of 1,378 hours.

D.      Employees who work on a basis other than a twenty-four hour shift shall have their sick leave calculated on a basis that is proportional to the amount of hours worked.

SECTION II

          Sick leave is a benefit that is for the sole purpose of providing continuity of wages when an Employee is unable to perform his/her usual and customary job duties to illness or other conditions that the Employee’s physician determines may jeopardize the health of others.

SECTION III

          When more than four (4) sick days are used consecutively, or when there is other extensive use of sick leave, the Employer may require a doctor’s certificate, or other proof of illness, to document that the absence from duty was warranted by a bona-fide illness or injury.  A medical release may also be required by the Employer in this instance.

SECTION IV

                   For purposes of this article, any temporary return to work for less than ten (10) calendar day period within the ninety (90) calendar day period shall not be considered as an interruption of the ninety (90) calendar day period.

SECTION V

          If, within thirty (30) calendar days subsequent to the end of the ninety (90) calendar day period, the Employer has been unable to place the Employer into another job, and the Employee remains unable to fully resume his/her usual and customary job duties, the Employee shall be automatically terminated.  Any Employee so terminated shall be given preferential consideration for re-employment within one (1) calendar year from the date of termination, and if re-employed within one (1) calendar year from the date of termination, the Employee shall also be entitled to the service credit held at the time of his/her termination.

SECTION VI

          When a Fire Fighter is on sick leave, he/she shall not receive other remuneration from any source for the performance of any work.

ARTICLE 12

INJURY LEAVE

SECTION I

          On-duty injury benefits shall be covered by applicable state statutes.  Absence from duty necessitated as a result of an on-duty injury shall be at regular pay, less the amount of any Workers’ Compensation payments to the Employee, for the first twenty-six (26) weeks of absence.  The second twenty-six (26) weeks of absence shall be at one-half pay, less the amount of any Workers’ Compensation payments.  During the second twenty-six (26) weeks, the Employee may, at his/her option, utilize any accrued unused sick leave, compensatory time, or vacation time to offset the one-half day for which the Employee is not being paid at that time.

SECTION II

          Any job-related injury sustained by an Employee is to be reported to the Chief or his designee at the earliest opportunity.  In no case shall the reporting time exceed twenty-four (24) hours from the time that the injury was sustained.

SECTION III

          In addition to the examination and/or treatment by the physician selected by the Employee, and Employee who sustains a job-related injury shall be examined by a physician of the City’s choice at the City’s expense, upon the request of the City, with reasonable prior notice being given to the Employee, and provided that the Employee’s condition does not render him/her unable to report for such examination.

SECTION IV

          In the event that an Employee is unable to resume the full scope of his/her usual and customary job duties after the exhaustion of all leave benefits with pay, the Employee shall be placed on leave without pay for a period of time not to exceed ninety (90) calendar days without pay.  No additional leave benefits of any kind shall accrue during this period of time.

          At the end of said ninety (90) calendar day period, if the Employee is still unable to fully perform his/her usual and customary job duties, the Employer will attempt to place the Employee into any other existing and vacant City job, in another job classification in the City workforce, for which the Employee possesses the requisite skills, knowledge and abilities, and provided that the Employee’s condition would not preclude the Employee from the full and regular performance of the job.

          Upon mutual agreement between the Employee and the Employer, placement into another job pursuant to this procedure prior to the end of the ninety (90) calendar day period may be accomplished.

SECTION V

          For purposes of this Article, any temporary return to work for less than a ten (10) calendar day period within the ninety (90) calendar day period shall not be considered as an interruption of his ninety (90) calendar day period.

SECTION VI

          If, within thirty (30) calendar days subsequent to the end of the ninety (90) calendar day period, the Employer has been unable to place the Employee into another job, and the Employee remains unable to resume his/her usual and customary job duties, the Employee shall be automatically terminated.  Any Employee so terminated shall be given preferential consideration for re-employment within one (1) calendar year from the date of termination, and if re-employed within one (1) calendar year, the Employee shall also be entitled to the amount of service credit held at the time of his/her termination.

ARTICLE 13

HOLIDAYS

SECTION I

          Five and one half (5 1/2) twenty-four hour shifts shall be provided to Fire Fighters each year as holidays.

          For the purpose of calculating terminal pay for accrued holidays, the following dates shall be used:

SECTION II

          The actual taking of holidays shall be subject to the approval of the Chief or his designee.  Fire Fighters may submit to the Chief a written preference for the dates of their choice.  The decision of the Chief or his designee shall be based on manning and seniority consideration.

          The Chief or his designee reserves the right to direct Employees to take accumulated holidays on specific dates.

SECTION III

          Unused, accumulated holidays at year end shall be paid to the employee at the base hourly rate of pay.

          Unused, accumulated holidays which have not been taken during the calendar year upon separation from service, shall be paid to the Fire Fighter as a part of his/her terminal pay upon leaving the City’s Employment.

ARTICLE 14

VACATIONS

SECTION 1

          Vacation allowances shall be based on the following schedule:

          For the purpose of this Article, a day is equal to one (1) shift, not exceeding twelve (12) hours.  At any time that a change in number of hours that is worked in a shift is implemented, the hours of vacation time granted shall be proportionally adjusted.

SECTION II

          Accrual of vacation time shall be monthly, and shall commence upon the date of employment.  However, during the first year of employment, vacation time shall not be taken until the first anniversary date has been completed.

          Only vacation time equivalent to the annual amount allowable based on the Employee’s tenure may be taken until the first anniversary year.

          With the written approval of the Chief and the City Manager, vacation time may be carried forward for a period not to exceed one anniversary year.  At the time of approval of this Agreement, any Fire Fighter who has unused vacation time from prior years that was carried forward with proper approval shall retain all such vacation time.

          Departmental seniority shall determine the preference to be given in the scheduling of vacations.  Scheduling of vacations shall at all times be subject to departmental staffing requirements, as determined by the Fire Chief.

SECTION III

          Upon separation from the City’s employment, other than for a disciplinary termination which is upheld, or the failure of the Employee to provide proper notice, an Employee shall be paid for unused vacation time which has been accrued to the date of termination.  For purposes of this Article “Proper Notice” shall be the provision of a written notice of separation intentions, that is submitted by the separating Employee to the Chief or his designee at least two (2) calendar weeks prior to the last day of work.

SECTION IV

          The City, at its sole discretion, contingent to fund availability at year end, shall have the ability to purchase accumulated vacation time from Employees in excess of 20% of the current year’s accruals at the base rate of pay.

ARTICLE 15

RETIREMENT PLAN

          Employees in the Fire Department shall continue to participate in the Texas Municipal Retirement Plan in accordance with the statutes of the State of Texas now in effect, or as they may hereafter be amended.

          The Employee and Employer contributions will be at the same level and in the same manner as that afforded all other non-collective bargaining Employees; as policy established by the La Marque City Council.

ARTICLE 16

DEATH LEAVE

          In the event of a death in the immediate family of an Employee, the Employee shall be granted, upon his/her prior written request to the Chief, paid absence from work for any scheduled work time that occurs within four (4) calendar days (ninety-six hours) from the date of death.  With the approval of the Chief, submission of the written request may be deferred until the Employee returns to work.

          Immediate family shall be defined as spouse, child, parent, grandparent, grandchild, sibling, or sibling of spouse.

ARTICLE 17

COURT LEAVE

          When an Employee is subpoenaed by a Court of Law to testify in court on any job-related case or issue, while off duty or on vacation or holiday, he/she shall be compensated at the applicable rate of pay by the Employer.

ARTICLE 18

OVERTIME AND CALLBACK

SECTION I

          All hours worked outside an Employee’s regular full-time schedule shall be paid at the rate of one and one-half (1 1/2) times his/her regular rate of pay.

SECTION II

          Employees who are called to work by proper authority when off duty, shall be guaranteed a minimum of two (2) hours of pay at the rate of his/her regular rate of pay.

SECTION III

          Overtime shall be assigned on a fair and equitable basis by the Chief or his designee to the extent permitted while maintaining maximum efficiency of departmental operations.

SECTION IV

          In calculating overtime, only hours worked shall be counted in the calculation of overtime pay.

ARTICLE 19

WORKING OUT OF CLASSIFICATION

          Any Employee covered by this Agreement who is temporarily assigned by proper authority to a position or rank above that of which he/she normally holds, shall be paid the minimum rate of pay applicable to such higher position of rank during such period.  Any Employee temporarily assigned to the rank of Chief by the City Manager, for less than thirty (30) day continuous period, may be exempted from this position.

ARTICLE 20

EMERGENCY MEALS

SECTION I

          All Fire Fighters engaged in the performance of Fire Fighting and other emergency work, and who are required to perform such duties away from their normal duty station, shall be furnished meals of sufficient quantity and nutritional value under the following conditions:

A.       When required to perform such work or other duties for four (4) consecutive hours or more.

SECTION II

          Such meals shall be promptly furnished to all Fire Fighters to whom the above criteria applies during the time periods specified.

SECTION III

          If, for some reason, meals are not furnished as specified, all entitled Fire Fighters who do not receive meals shall be compensated at the rate of $4.50 per Fire Fighter for each meal not provided.

ARTICLE 21

HEALTH INSURANCE

SECTION I (MEDICAL AND LIFE INSURANCE BENEFITS)

          The Employer shall continue to provide the same level of group medical and life insurance benefits that is provided to other non-bargaining unit Employees.  The amount of premium costs for dependent coverage that is paid by Fire Fighters shall be the same as the amount paid by other non-bargaining unit Employees.  The Employer shall pay 100% of the employee’s insurance coverage including retirees, employed by the City prior to October 1, 2006, until such time as retirees become eligible for Medicare.  At the time the retirees becomes eligible for Medicare a supplemental insurance plan paid by the Employer will be provided.

SECTION II (LIABILITY COVERAGE)

          Fire Fighters shall be provided with the same liability coverage as all other City Employees who may be covered under the City’s overall liability coverage program.

ARTICLE 22

UNIFORMS AND PROTECTIVE EQUIPMENT

SECTION I

          Each Fire Fighter shall be furnished three (3) complete Class “B” uniforms upon employment with the Fire Department.  They shall be replaced as needed to maintain their completeness throughout the duration of the Fire Fighter’s employment.

SECTION II

          In addition to Class “B” uniforms each Employee shall be issued a minimum of three (3) Class “C” uniforms a year.

SECTION III

          All protective clothing and/or protective devices required by the Texas Commission on Fire Protection for Fire Fighters to use in the performance of their duties shall be provided by the Employer through its funds, donations, or other means.  No such clothing and/or equipment shall be worn or used while off duty without the approval of the Chief.

SECTION IV

          The Chief shall determine the standards of dress while on duty.

SECTION V

          Uniforms that are lost, or that are damaged or destroyed through negligence or failure to adhere to departmental policies, shall be replaced at the expense of the Employee

SECTION VI

                    Each member of the Collective Bargaining unit shall be compensated for work boots.  The amount shall not exceed $125.00 and shall be on an annual basis.  The boots must be approved by the Fire Chief for allocation.

ARTICLE 23

SHIFT EXCHANGE

SECTION I

          Employees shall be allowed to trade time with Employees of equal rank or classification, and with Employees of one rank or classification above or below and with prior approval of the Chief or his designee, and provided that the exchange does not interfere with departmental operations, and provided that the City does not incur any additional costs as a result of the shift exchange.  A written notice shall be filed with the Chief or his designee by the Employee who is scheduled to work on the shift to be exchanged at least twenty-four (24) hours in advance of the time that the applicable shift begins.  Such notice shall contain the signatures of both parties who are involved in the exchange.

SECTION II

          It shall be the responsibility of the Employee who requests a shift exchange to ensure that an Employee is present for duty at the proper time on the particular shift.  Should the replacement Employee fail to appear as arranged, the requesting Employee shall receive no pay for the time that was not actually worked by himself/herself or his/her replacement, and the substitute Employee shall forfeit pay for one-half (1/2) of the next regular shift worked, and shall not be allowed to exchange shifts for a period of six (6) months subsequent to the incident.

ARTICLE 24

PERSONNEL REDUCTION

SECTION I

          In the event of a personnel reduction, the Employee with the least seniority shall be first to be laid off.  Seniority for the purpose of this Article shall be determined by the last date of hire within the Fire Department.

SECTION II

          No new Employee shall be hired until the Employee or Employees laid off have been notified by Certified or Registered mail that an opening exists.  The mailing of said notice to the latest address on record in the Employee’s Personnel File shall be considered as sufficient notice.  Within, fifteen (15) days after the City’s mailing of such notification, the former Employee(s) that were laid off must execute an official City Employment Application if the Employee desires to become re-employed by the City.  Failure to furnish such application to the City shall be construed as a declination of re-employment by the City.

ARTICLE 25

PHYSICAL STANDARDS

SECTION I (INTENT)

          It is the intent of the City and the Union to maintain the highest standards of health, safety and physical standards, and to eliminate as much as possible, accidents, injuries, illness and death in the Fire Department.  To this endeavor the City and the Association agrees to establish a Joint Labor/Management Committee (Joint Committee) that will consist of three persons appointed by the Association, and three persons appointed by the Fire Chief.  This Joint Committee will study and make recommendations to the Fire Chief and the City Manager.  The guidelines set out in Section II will be the accepted format for meetings concerning issues of health, safety or physical standards.

SECTION II (HEALTH AND SAFETY COMMITTEE)

A.       The Joint Committee shall meet each month or more often as mutually agreed for the purpose of jointly considering, inspecting, investigating and reviewing health and safety conditions and practices and investigating accidents, and for the purpose of effectively making constructive recommendations with respect thereto.

B.       All matters considered and handled by the Committee shall be reduced to writing and joint minutes of all meetings of the Committee shall be made and maintained and two copies thereof shall be furnished to the Union.  Such reports are for internal use only and shall not be disclosed to the public by either the Union or the City.  A copy of all such reports or minutes shall be posted by the City at all Fire Stations for at least thirty (30) days.

C.       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.

D.      The Joint Committee shall have the power to recommend health and safety improvements to the Department Chief, including target dates, where appropriate.  In the event the Committee recommendations are not effected by the target dates agreed upon, the Committee has the prerogative to refer its recommendation(s) to the City Manager.

SECTION III (HEART CHEST EXAM)

          The City agrees to utilize the Joint Committee to develop and recommend elements of a fire department base line physical examination for each member of the Bargaining Unit.  Until an agreement can be reached or if no consensus can be reached, a chest X-ray and examination for heart defects once each year and to forward the results to the member upon request.

SECTION IV (PHYSICAL STANDARDS)

          The Joint Committee will meet each month or more often as mutually agreed for the purpose of preparing a proposed set of physical standards for all paid non-civilian positions in the Department.  The Committee’s mission shall be to objectively and fairly develop job-related standards that are necessary for each Fire Fighter to possess in order to safely and effectively perform all aspects of his/her usual and customary job duties.  These standards should be developed with “IAFF/IAFC Wellness Fitness Initiative” recommendations for fitness and health in mind, but not necessarily identical.

          Professional expertise in this specialty area may be obtained by the Committee to assist in the formulation of the Standards.  The Standards shall be developed within the term of this agreement after the Committee has been established, and shall then be referred to the City Manager with the Committee’s recommendations.  The Committee’s recommendation shall not be binding on either party except new hires during their probationary period.

ARTICLE 26

MISCELLANEOUS PROVISIONS

SECTION I (TRAINING)

          Except for required response to calls for Fire Department services, public services functions, or other necessary duties, only regular house cleaning and maintenance tasks will be performed on the City’s recognized holidays and weekends.

          Training assignments shall be scheduled during regular work hours.  For purposes of this Section, it is understood that regular work hours shall be from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday and 8:00 to 12:00 p.m. Saturday, excluding City recognized holidays and weekends.

          The City may deviate from the terms of this Section in cases of emergency or other necessary situations, or by mutual consent of the parties.

SECTION II (COPIES OF CONTRACT)

          The City shall provide one (1) copy of this executed Agreement to each Employee and to each Fire Station.

ARTICLE 27

HOURS OF WORK

SECTION I

          The work shift for bargaining unit members assigned to suppression, EMS and operation of Fire Department vehicles shall consist of one twenty-four (24) hour shift on-duty followed by a twenty-four (24) hour off-duty period, twenty-four (24) hour shift on-duty followed by a twenty-four (24) hour off-duty period, twenty-four (24) hour shift on-duty followed by a ninety-six (96) hour off-duty period, unless mutually agreed by the Chief and local La Marque Fire Fighter’s Association president.  The twenty-four (24) hour work shift shall commence at 7:00 a.m., and shall continue until 7:00 a.m. the following morning for the duration of this agreement.

          Following the expiration of this agreement or September 30, 1997, whichever is earlier, the City and Bargaining Unit members recognize that the scheduling of Fire Fighters must be done fairly and with consistency.  If any individual’s schedule is to be altered, unless the employee and Chief agree or it is deemed an emergency, the Chief must give a minimum 48 hours notice to the individual in writing and initialed by both the Chief and writing to the local La Marque Fire Fighter’s Association President unless such notice is waived by mutual agreement of the Association President and Chief.  The Chief will attempt to arrive at a mutual agreement with the Union on shift changes, if mutual agreement is not possible the changes may not be in an arbitrary, unfair, unreasonable or capricious manner.  The Union may file a grievance under Article 30, Dispute Resolution Procedure, to have such action of Chief reviewed.  Any disputed shift changes will not go into effect until the grievance procedure has been completed; however, if the grievance has not been resolved within 180 days from the date of the original notice to the association the shift change will become effective on the 181^st day and remain in effect unless altered by the outcome of the grievance procedure or by further action by the Chief.

SECTION II

          Employees who are assigned by the Fire Chief or his/her designee to a forty (40) hour work week, including those assignments for specialized training or seminars, shall work an eight (8) hour day.

          Assignments to a forty (40) hour work week shall not be for the purpose of affecting or changing the normal work shift of Employee assigned to suppression, EMS and operation of Fire Department vehicles as covered in Section I.

SECTION III

          Employee(s) assigned by the Fire Chief or his/her designee to relief shift, including, but not limited to working holidays, vacation, sick leave, etc., are excluded from Sections I and II of this Article.

          Assignments to relief shift shall not be for the purpose of affecting or changing the normal work shift of those Employees assigned to suppression, EMS, and operation of Fire Department vehicles as covered in Section I.

ARTICLE 28

UNION BUSINESS

SECTION I

          The Union President, or one (1) Employee on the Union Bargaining Committee, shall be granted a reasonable amount of time off without loss of pay to engage in bargaining with City representatives, when such sessions are scheduled during working hours.

SECTION II

          Paid time off (such as vacations and compensatory time) to which Employees are entitled under this Agreement shall not be denied simply because the Employee intends to utilize such time for the conduct of Union business.  This section shall not pre-empt the process for the Approval and Scheduling of such time off as may be covered elsewhere in this Agreement.

SECTION III

          The City will allow space for a Union bulletin board, or space on an existing bulletin board, in each Fire Station.  Any material that is placed on such board shall be limited to local, state or national announcements, legislative reports, safety bulletins or other related items.  No material or any other matter that may be considered degrading or derogatory to the City or any City official will be allowed on the board.  The maintenance of the bulletin board or allotted space shall be the responsibility of the Union, and the material that is placed thereon shall be neatly maintained.

SECTION IV

          With the prior approval of the Chief or his designee, the President or his designee may be allowed to have reasonable time off from duty to attend to Union business, so long as such time off does not result in a manpower shortage, cause additional manpower costs to the City, or other wise interfere with the efficient functioning of the Department.

SECTION V

          Upon request, any Employee who is required to meet with the Chief relating to a disciplinary matter involving such Employee, shall be entitled to have a Union Representative who is present for such purpose shall not be compensated for the time involved in his/her appearance.

SECTON VI

          The Union shall furnish to the City a list of Union Representatives or Officers on each shift.

ARTICLE 29

DISCIPLINARY ACTIONS

SECTION I (CAUSE FOR REMOVAL OR SUSPENSION)

          An action prescribing cause for removal of suspension of a Fire Fighter is not valid unless it involves one or more of the following grounds:

          A.       Conviction of a felony or other crime involving moral turpitude:

          B.       Violations of a municipal charter provision;

          C.       Acts of in competency;

          D.      Neglect of duty;

E.       Discourtesy to the public or to a fellow employee while the Fire Fighter is in the line of duty;

          F.       Acts showing lack of good moral character;

          G.      Drinking intoxicants while on duty or intoxication while off duty;

          H.      Conduct prejudicial to good order;

          I.       Refusal or neglect to pay just debts;

          J.       Absence without leave;

          K.       Shirking duty or cowardice at fires; or

L.       Violation of an applicable Fire Department SOG or policy and/or City of La Marque policy, rule or regulations.

SECTION II (DISCIPLINARY SUSPENSIONS)

          The Fire Chief may suspend a Fire Fighter under his supervision or jurisdiction for the violation of a contract rule.  The suspension may be for a reasonable period not to exceed fifteen (15) calendar days or for an indefinite period.  An indefinite suspension is equivalent to dismissal from the department.

          If the Fire Chief suspends a Fire Fighter, the Chief shall, within 120 hours after the hour of suspension, file a written statement with the City Manager giving the reasons for the suspension.  The Fire Chief shall immediately deliver a copy of the statement in person to the suspended Fire Fighter and the Union.

          The copy of the written statement must inform the suspended Fire Fighter and must describe the alleged acts of the person that the Fire Chief contends are in violation of the contract rules.  It is not for the Fire Chief merely to refer to the provisions of the rules alleged to have been violated.

          If the Fire Chief does not specifically point out in the written statement the act or acts of the Fire Fighter that allegedly violated the contract rules, the City Manager shall promptly reinstate the person.

          If offered by the Fire Chief, the Fire Fighter may agree in writing to voluntary accept, with no right of appeal, a suspension of sixteen (16) to ninety (90) calendar days for the violation of the contract.  The Fire Fighter must accept the offer within five (5) working days after the date the offer is made.  If the person refuses the offer and wants to appeal to the City Manager, the person must file a written appeal with the City Manager and the Union within fifteen (15) days after the date the person receives the copy of the written statement of suspension.

          In the original written statement and charges and in any hearing conducted under this chapter, the Fire Chief may not complain of an act that occurred earlier than the 180^th day preceding the date the Fire Chief suspends the Fire Fighter.  If the act, is allegedly related to criminal activity including the violation of federal, state, or local law for which the Fire Fighter is subject to a criminal penalty, the Fire Chief may not complain of an act that is discovered earlier than the 180^th day preceding the date the Fire Chief may not complain of an act that is discovered earlier than the 180^th day preceding the date the Fire Chief suspends the Fire Fighter.  The Fire Chief must allege that the act complained of is related to criminal activity.

          A supervisor may relieve a member of their command with pay if immediate action is warranted by the seriousness and nature of the infraction(s), pending a pre-determination hearing.  Notification of Administrative Leave and complete documentation surrounding the incident shall be transmitted to the Fire Chief without delay.

SECTION II (DEMOTIONS)

          If the Fire Chief wants a Fire Fighter under his supervision or jurisdiction to be involuntarily demoted, the Fire Chief may recommend in writing to the City Manager and the Union that the Fire Fighter be demoted.

          The Fire Chief must include in his recommendation for demotion the reasons he recommends the demotion and a request that the City Manager order the demotion.  The Fire Chief must immediately furnish a copy of the recommendation in person to the affected Fire Fighter.

          The City Manager may refuse to grant the request for demotion.  If the City Manager believes that probable cause exists for ordering the demotion, the City Manager shall give the Fire Fighter written notice to appear before the City Manager for a hearing at a time and place specified in the notice.  The City Manager shall give the notice before the 10^th day before the date the hearing will be held.

          The Fire Fighter is entitled to a full and complete hearing and the City Manager may not demote a Fire Fighter without the hearing.  Should the Fire Fighter wish to appeal the City Manager’s decision to a third party arbitrator, the demotion will not become effective unless so ruled by the arbitrator.

          A voluntary demotion in which the Fire Fighter has accepted the terms of the demotion in writing is not subject to this section.

SECTION IV (PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR COMPLAINT)

          If a Fire Fighter is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the Fire Chief may temporarily suspend the Fire Fighter with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony or indictment or misdemeanor complaint.

          The Fire Chief shall notify the suspended Fire Fighter in writing that the person is being temporarily suspended for a specific period with or without pay and that the temporary suspension is not intended to reflect an opinion on the merits of the indictment or complaint.

          If the action directly related to the felony indictment or misdemeanor complaint occurred or was discovered on or after the 180^th day before the date of the indictment or complaint, the Fire Chief may, within thirty (30) days after the date of final disposition of the indictment or complaint, bring a charge against the Fire Fighter for a violation of contract rules.

          A Fire Fighter indicted for a felony or officially charged with the commission of a Class A or B misdemeanor who has also been charged by the Fire Chief with contract violations directly related to the indictment or complaint may delay the hearing before the City Manager for not more than 30 days after the date of the final disposition of the indictment or complaint.

          If the Fire Chief temporarily suspends a Fire Fighter under this section and the Fire Fighter is not found guilty of the indictment or complaint in a court jurisdiction, the Fire Fighter may appeal to the City Manager or to a hearing examiner for recovery of back pay.  The City Manager or hearing examiner may award all or part of the back pay or reject the appeal.

          Acquittal or dismissal of an indictment or complaint does not mean that a Fire Fighter has not violated contract rules and does not negate the charges that may have been or may be brought against the Fire Fighter by the Fire Chief.

          Convictions of a felony is cause for dismissal, and conviction of a Class A or B misdemeanor may be cause for disciplinary action or indefinite suspension.

          The Fire Chief may order an indefinite suspension based on an act classified as a felony or a Class A or B misdemeanor after the 180-day period following the dates of the discovery of the act by the department if the Fire Chief considers delay to be necessary to protect a criminal investigation of the Fire Fighter’s conduct.  If the Fire Chief intends to order and indefinite suspension after the 180-day period, the Fire Chief must file with the attorney general a statement describing the criminal investigation and its objectives within 180 days after the date the act complained of occurred.

SECTION V (PROMOTIONAL PASSOVER)

          Unless the Fire Chief has a valid reason for not appointing a Fire Fighter to a promotional position, the Fire Chief shall appoint the eligible promotional candidate having the highest grade on the eligibility list.  If the Fire Chief has a valid reason for not appointing the eligible promotional candidate having the highest grade, the Fire Chief shall personally discuss the reason with the person being bypassed before appointing another person.  The Fire Chief shall also file the reason in writing with the Union.  On application of the bypassed eligible promotional candidate, the reason the Fire Chief did not appoint that person is subjected to review by the City Manager in accordance with Section VI prior to being appealed to the third party hearing examiner.

SECTION VI (APPEAL OF DISCIPLINARY ACTION)

          If a suspended Fire Fighter appeals the suspension to the City Manager, the City Manager shall hold a hearing within thirty (30) days after the date it receives notice of appeal.  The suspended person and the City Manager may agree to postpone the hearing for a definite period.

          In the hearing conducted under this section, the Fire Chief is restricted to his original written statement and charges, which may not be amended.

          The City Manager may not consider evidence that was not presented at the hearing.  The City Manager shall render a decision within fifteen (15) days from the date of the hearing.

          In the decision, the City Manager shall state whether the suspended Fire Fighter is:

          A.       Permanently dismissed from the Fire Department;

          B.       Temporarily suspended from the Department; or

C.       Restored to the person’s former position or status in the Department’s classified service.

          If the City Manager finds that the period of disciplinary suspension should be reduced, the City Manager may order a reduction in the period of suspension.  If the suspended Fire Fighter is restored to the position or class of service from which the person was suspended, the Fire Fighter is entitled to:

A.       Full compensation for the actual time lost as a result of the suspension at the rate of pay provided for the position or class of service from which the person was suspended; and

B.       Restoration of or credit for any other benefits lost as a result of the suspension, including sick leave, vacation leave, and service credit in a retirement system.  Standard payroll deductions, if any, for retirement and other benefits restored shall be made from the compensation paid and the City shall make its standard corresponding contributions, if any, to the retirement system or other applicable benefit system.

          The City Manager may suspend or dismiss a Fire Fighter only for violation of the contract rules and only after a finding by the City Manager of the truth of specific charges against the Fire Fighter.

SECTION VII (APPEARL TO THE HEARING EXAMINER)

          The letter stating the City Manager’s decision issued to a Fire Fighter must state that an appeal to the decision to uphold an indefinite suspension, a suspension, a promotional passover, or a recommended demotion, may be made to an independent third party hearing examiner.  The letter must also state that if the Fire Fighter elects to appeal to a hearing examiner, the person waives all rights to appeal to a district court except as provided by this section.

          To exercise an appeal to a hearing examiner, the appealing Fire Fighter must submit a written request within thirty (30) days from the date of the letter from the City Manager.

          The hearing examiner’s decision is final and binding on all parties.  If the Fire Fighter decides to appeal to an independent third party hearing examiner, the person automatically waives all rights to appeal to a district court except as provided by this section.

          If the appealing Fire Fighter chooses to appeal to a hearing examiner, the Fire Fighter and the Fire Chief or their designee shall first attempt to agree on the selection of a hearing examiner on or within ten (10) days after the date the appeal is filed, the City Manager shall immediately request a list of seven (7) qualified neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service, or their successors in function.  The Fire Fighter and the Fire Chief, or their designees, may agree on one of the seven (7) neutral arbitrators on the list.  If they do not agree within five (5) working days after the date they received the list, each party or the party’s designee shall alternately strike a name from the list and the name remaining is the hearing examiner.  The parties or their designees shall agree on the date for the hearing.

          The appeal hearing shall begin as soon as the hearing examiner can be scheduled.  If the hearing examiner cannot begin the hearing within forty-five (45) calendar days after the date of selection, the Fire Fighter may, within two (2) days after learning of that fact, call for the new selection of a new hearing examiner using the procedure prescribed in the preceding paragraph.

          In each hearing conducted under this section, the hearing examiner has the right to issue subpoenas.

          In the hearing conducted under this section, the Fire Chief is restricted to his original written statement and charges, which may not be amended.

          The Hearing Examiner may not consider evidence that was not presented at the hearing.

          In the decision, the hearing examiner shall state whether the suspended Fire Fighter is:

A.       Permanently dismissed from the Fire Department;

B.       Temporarily suspended from the Department; or

C.       Restored to the person’s former position or status in the Department’s classified service.

          If the hearing examiner finds that the period of disciplinary suspension should be reduced, the hearing examiner may order a reduction in the period of suspension.  If the suspended Fire Fighter is restored to the position or class of service from which the person was suspended, the Fire Fighter is entitled to:

A.       Full compensation for the actual time lost as a result of the suspension at the rate of pay provided for the position or class of service from which the person was suspended.

B.       Restoration of or credit for any other benefits lost as a result of the suspension, including sick leave, vacation leave, and service credit in a retirement system.  Standard payroll deductions, if any, for retirement and other benefits restored shall be made from the compensation paid and the City shall make it standard corresponding contributions, if any, to the retirement system or other applicable benefit system.

          The hearing examiner may suspend or dismiss a Fire Fighter only for violation of the contract rules and only after a finding by the arbitrator of the truth of specific charges against the Fire Fighter.

          In a hearing conducted under this session, the parties may agree to an expedited hearing procedure.  Unless otherwise agreed to by the parties, in an expedited procedure the hearing examiner shall render a decision within ten (10) days after the date of the hearing ended.

          In an appeal that does not involve an expedited hearing procedure, the hearing examiner shall make a reasonable effort to render a decision on the appeal within thirty (30) days after the date the hearing ends or briefs are filed.  The hearing examiner’s inability to meet time requirements imposed by this section does not affect the hearing examiner’s jurisdiction, the validity of the disciplinary action, or the hearing examiner’s final decision.

          The hearing examiner’s fees and expenses are shared equally by the appealing Fire Fighter and by the City.  The costs of a witness are paid by the party who calls the witness.

          A district court may hear an appeal of a hearing examiner’s award only on the grounds that the arbitration panel was without jurisdiction or exceeded its jurisdiction or that the order was procured by fraud, collusion, or other unlawful means.  An appeal must be brought in the district court having jurisdiction in the City of La Marque.

ARTICLE 30

DISPUTE RESOLUTION PROCEDURE

SECTION I (SCOPE OF PROCEDRE)

          The City and the Union agree that a just and equitable method for the resolution of disagreements between the parties regarding the interpretation of the provisions of his Agreement is necessary.  Matters involving the interpretations, applications, or alleged violation of a specific provision of this Collective Bargaining Agreement shall be subjected to this Article.  Any Employee(s) aggrieved by matters involved in dispute resolution shall first seek resolution through this Article.

SECTION II (TIME LIMITS)

          The parties shall adhere to the time limits as set forth in this Article.  In the event that the Employee or the Union fails to meet the time limits at Step One (1) of this procedure, the dispute shall be considered satisfied, and no further action shall be taken.  Failure by the Union or the City to meet the time limits at any other Step shall be considered an unsatisfactory response, and shall automatically allow the dispute to proceed to the next Step.  Such time restrictions may be waived by mutual consent of the parties.

SECTION III (PROCESS)

          A dispute as defined in Section One (1) above shall be handled as follows:

          STEP 1.  Each Employee is encouraged to attempt to informal solution to impending disputes by verbally apprising his/her immediate supervisor of same as soon as possible.  If the dispute is not resolve by the supervisor, or if the Employee chooses to by-pass an informal resolution attempt, he/she shall submit the issue in writing to the Chief within twenty (20) calendar days of the Employee’s actual or constructive knowledge of the occurrence of the event causing the problem.

          In the case of a dispute triggered by an action or inaction of a party beyond the authority of the Chief, the grievance may be initiated at Step 2.

          The President of the Union, or his/her designee may file a class action grievance on behalf of any bargaining unit members similarly situated at Step 2 above within twenty (20) calendar days of the Employee’s actual or constructive knowledge of the occurrence or event causing the problem.

          The grievance shall include:

          (1)     A statement of the grievance and all facts on which it is based.

          (2)     Any and all sections of the Agreement which have allegedly been violated.

          (3)     The remedy or adjustments sought, if any.

          (4)     The signature of the Employee.

          The Chief or his designee shall provide a written response within twenty (20) days after his receipt of the Employee’s statement.

          STEP 2.  If the dispute is not resolved at Step 1, the Union shall determine if a grievance exists.  Said determination shall be made by a Union Grievance Committee.  The Grievance Committee shall meet and render its decision within ten (10) calendar days of the Step 1 ruling, including presentation of the dispute or grievance at Step 3, if such action is opted by the Commission.

          In the event that the Committee determines that a valid dispute exists, the Union, representing the aggrieved Employee, shall proceed to Step 3.  In the event that the Grievance Committee decides that no dispute exists, there shall be no further action taken under the procedure.

          STEP 3.  If a dispute or grievance is believed to exist, it shall be presented in writing to the City Manager or his designated representative, who shall have ten (10) calendar days to act on the grievance, render a decision, and advise the Union President of that decision in writing.

          STEP 4.  If the grievance has not been settled at Step 3, the Union shall have ten (10) calendar days from the date that the City Manager notified the President and/or Grievance Committee Chairman of the Union, in which to appeal the grievance to Arbitration for adjustment.  An appeal from the Union shall be submitted in writing to the City Manager or his/her designated representative.

SECTION IV (ARBITRATION)

          If a dispute is submitted to Arbitration, the City and the Union shall attempt to agree within five (5) calendar days upon an arbitrator who resides in the State of Texas. For this purpose, the parties may agree in writing to utilize one or more arbitrators for a specified period of time.  In the event that an arbitrator is not selected by the parties within five (5) calendar days, a list of seven (7) qualified neutrals shall be requested jointly by the Association.  Within five (5) working days from receipt of this list, the Association and the City shall meet and alternately strike names on the list until one name remains, and that person shall be the arbitrator.  A coin toss shall decide which party strikes first.  In the event that the parties are unable to obtain a list of arbitrators from the American Arbitration Association that contains arbitrators exclusively from the State of Texas, a list of eleven (11) arbitrators shall be requested by the parties in lieu of the list of seven (7), and the City and the Association shall meet and jointly strike all names of Arbitrators who reside outside the State of Texas.  After all of the outside arbitrators are stricken, if an even number of names remain on the list, the last remaining name shall be stricken.

          The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association.  The parties, by mutual agreement, may request that the hearing be held in accordance with the Expedited Labor Arbitration Rules, which are found as Attachment 1 to this Agreement, and are incorporated herein by reference.

          The Arbitrator shall not have the power to add to, amend, modify, or subtract from the provisions of this Agreement in arriving at his/her decision on the issue or issues presented, and shall confine his/her decision to the Interpretation of this Agreement.  The Arbitrator shall be confined to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not submitted to him/her.  The Arbitrator shall be limited in any monetary award to not more than sixteen thousand ($16,000) for each occurrence per Fire Fighter per fiscal year of the City.  The decision of the Arbitrator shall be final and binding upon the City and the Union.

          The City shall bear the expense of any witnesses called by the City.  The Union shall bear the expense of any witnesses called by the Union, except that Employees of the City of La Marque who are called as witnesses for either side shall not be penalized for attendance at a hearing while on duty.  The City and the Union shall be shared equally the fees attendance at a hearing while on duty.  The City and the Union shall share equally the fees and expenses of the Arbitrator.

ARTICLE 31

IMPASSE PROCEDURE

SECTION I

          The City and the Union agree that in the event of Impasse, the procedure provided in State Statute 174 TLGC, as may be amended, shall be utilized by the parties.

ARTICLE 32

PROMOTIONAL EXAMINATIONS

SECTION I (PROMOTIONAL EXAMINATION NOTICE)

          Before the 90^th day before the date a promotional examination is held, the Administrative Assistant/Personnel Director shall post a notice that lists the sources from which the examination questions will be taken.

          Before the 30^th day before the date a promotional examination is held.  The Administrative Assistant/Personnel Director shall post a notice of the examination in plain view on a bulletin board located in the main lobby of the City Hall and in the Administrative Assistant/Personnel Director’s office.  The notice must show the position to be filled or for which the examination is to be held, and the date, time and place of the examination.  The Administrative Assistant/Personnel Director shall also furnish sufficient copies of the notice for posting in the Fire Station.

SECTION II (ELIGIBILITY FOR PROMOTIONAL EXAMINATION)

          Each promotional examination is open to each Fire Fighter who at any time has continuously held at least two (2) years a position in the classification that is immediately below in salary, the classification for which the examination is to be held.

          If the department has adopted a classification plan that classifies positions on the basis of similarity in duties and responsibilities, each promotional examination is open to each Fire Fighter who has continuously held for at least two (2) years a position at the next lower pay grade, if it exists, in the classification for which the examination is to be held.

          If there are not enough Fire Fighters in the next lower position with two (2) years of service in that position to provide an adequate number of persons to take the examination, the City may open the examination to persons in that position with less than two (2) years service.  If there is still an insufficient number, the City may open the examination to persons with at least two years’ experience in the second lower position, in salary, to the positions for which the examination is held.

          If, upon the first examination given, all eligible Fire Fighters fail the exam, the City may open the next examination, for that vacant position(s), to Fire Fighters of the next lower position with two (2) years of service in the next lower classification.

          If, upon the second examination, all eligible Fire Fighters fail the exam the City may open the third exam, for that vacant position(s), to include any and all La Marque Fire Department personnel the City determines suitable to accomplish the mission of the Fire Department.

          If a Fire Fighter had previously terminated the Fire Fighter’s employment with the City and is subsequently re-employed, the Fire Fighter must again meet the two year service requirement for eligibility to take a promotional examination.  In determining if a Fire Fighter has met the two-year service requirement, a fire department may not consider service in another fire department.

          This section does not prohibit later crossover between classes.

SECTION III (PROMOTIONAL EXAMINATION PROCEDURES)

          The City shall hold promotional examinations to provide eligibility lists annually or as needed for each classification in the Fire Department.

          Each eligible promotional candidate shall be given an identical examination in the presence of the other eligible promotional candidates.

          The examination must be entirely in writing and may not in any part consist of an oral interview.

          The examination questions must test the knowledge of the eligible promotional candidates about information and facts and must be based on:

A.       The duties of the position for which the examination is held.

B.       Material that is of reasonably current publications and that has been made reasonably available to each member of the fire department involved in the examination; and

C.       Any study course given by the departmental schools of instruction.

          The examination questions must be taken from sources posted as prescribed in Section I of this chapter.  Fire Fighters may suggest source materials for examinations.

          The examination questions must be prepared and composed so that the grading of the examination can be promptly completed immediately after the examination is over.

          The Administrative Assistant/Personnel Director is responsible for the preparation and security of each promotional examination.  The fairness of the completive promotional examination is the responsibility of the City and each employee involved in the preparation or administration of the examination.

          A person commits an offense if the person knowingly or intentionally:

A.       Reveals a part of a promotional examination to an unauthorized person;

or

B.       Receives from an authorized or unauthorized person a part of a promotional examination for unfair personal gain or advantage.

          An offense under subsection (A) or (B) is a misdemeanor punishable by a fine of no less than $1,000, confinement in the county jail for not more than one year, or both the fine and the confinement.

SECTION IV (PROMOTIONAL EXAMINATION GADES)

          The grading of each promotional examination shall begin when one eligible promotional candidate completes the examination.  As the eligible promotional candidates finish the examination, the examinations shall be graded at the examination location and in the presence of the candidate who wants to remain during grading.

          Each Fire Fighter is entitled to receive one point for each year of seniority in that department with a maximum of ten (10) points.  A passing grade is required in order for the Fire Fighter to be entitled to receive points for seniority.

          The grade must be placed on the eligibility list for each Fire Fighter shall be computed by adding the applicant’s points for seniority to the applicant’s grade on the written examination.  Each applicant’s grade on the written examination is based on a maximum grade of 100 points and is determined entirely by the correctness of the applicant’s answers to the questions.  All applicants who receive a grade of at least seventy (70) points shall be determined to have passed the examination.  If a tie score occurs, the City and the Fire Fighter’s union shall agree on a method to break the tie.

SECTION V (REVIEW AND APPEAL OF PROMOTIONAL EXAMINATIONS)

          On request, each eligible promotional candidate is entitled to examine their promotional examination and answers, the examination grading, and the source material for the examination.  If dissatisfied, the candidate may appeal, within (5) business days, to the City Manager for review in accordance with this contract.  In computing this period, a Saturday, a Sunday, or legal holiday is not considered a business day.

          The eligible promotional candidate may not remove the examination or copy a question used in the examination.

SECTION VI (PROMOTIONAL PROBATIONARY PERIOD)

          Any Fire Fighter promoted to a higher classification shall serve a six (6) month probationary period undergoing a monthly evaluation performed by the immediate supervisor.  The monthly evaluation will be forwarded to the Fire Chief for his approval.

ARTICLE 33

COMPLETE AGREEMENT CLAUSES

SECTION I

          The parties hereto acknowledge that during negotiations which resulted in this Agreement, each had unlimited right and opportunity to make proposals with respect to all proper subjects of Collective Bargaining, and that all such subjects have been discussed and negotiated upon, and the Agreements herein contained were arrived at after free exercise of such rights and opportunities.  Therefore, the EMPLOYER and the UNION, for the term of this Agreement, each voluntarily, and unqualifiedly, agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not subject or matter may not have been within the knowledge of contemplations or either or both of the parties at the time that they negotiated or signed this Agreement.

SECTION II

          It is specifically provided that there shall be no further negotiations except by mutual agreement of any subjects contained within this Agreement.

SECTION III

          Any modifications to this Agreement, including any provision thereof, shall be made in writing and signed by both the EMPLOYER and the UNION before modifications become effective.

SECTION IV

          Neither party shall make or permit any agreement, understanding, or contract with any person, which in any manner circumvents, alters, modifies, or contradicts any provision of this Agreement.

SECTION V

          If any Article or Section of this Agreement, or any provision thereof, 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 VI

          This Agreement shall be binding on the parties hereto and their successor and assigns.

SECTION VII

          This Agreement has been executed this 19th day of August, 2009, in duplicate counterparts, each of the pages hereof having been initialized and dated by the subscribing parties, and have been approved by the City Council of the City of La Marque at a meeting held on the 24th day of August, 2009, and having been approved by the Union membership on the 19th day of August, 2006.

*****************************  APPROVED *****************************

                    FOR THE CITY                                        FOR THE UNION

________________________________                   ________________________________

Mayor                                                           Union President

________________________________                   ________________________________

City Manager/Chief Negotiator                        Chief Union Negotiator

_________________________________        ________________________________

Fire Chief                                                      Union Team Member

ATTACHMENT 1

EXPEDITED LABOR ARBITRATION RULES

1.       Agreement of Parties - These rules shall apply whenever the parties have agreed to arbitrate under them, in the form obtained at the time.

2.       Appointment of Neutral Arbitrator - As agreed to in basic contract.

3.       Initiation of Expedited Arbitrator Proceeding - Cases may be initiated joint submission in writing, or in accordance with a collective bargaining agreement.

4.       Qualifications of Neutral Arbitrator - No person shall serve as neutral arbitrator in any arbitration in which that person has any financial or personal interest in the result of the arbitration.  Prior to accepting any appointment, the prospective arbitrator shall disclose any circumstances likely to prevent a prompt hearing or to create a presumption of bias.  Upon receipt of such information, the AAA shall immediately replace that arbitrator or communicate the information to the parties.

5.       Vacancy - The AAA is authorized to substitute another arbitrator if a vacancy occurs or if an appointed arbitrator is unable to serve promptly.

6.       Time and Place of Hearing - The AAA shall fix a mutually convenient time and place of the hearing, notice of which must be given at least 24 hours in advance.  Such notice may be given orally.

7.       Representation by Counsel - Any party may be represented at the hearing by Counsel or Representative.

8.       Attendance at Hearing - Persons having direct interest in the arbitration are entitled to attend hearings.  The arbitrator may require the retirement of any witness during the testimony of other witnesses.  The arbitrator shall determine whether any other persons may attend the hearing.

9.       Adjournments - Hearings shall be adjourned by the arbitrator only for good causes, and an appropriate fee will be charged by the AAA against the party causing the adjournment.

10.     Oaths - Before proceeding with the first hearing, the arbitrator shall take an oath of office. The Arbitrator may require witnesses to testify under oath.

11.     No Stenographic Record - There shall be no stenographic record of the proceedings.

12.     Proceedings - The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the parties.  The arbitrator shall make or take appropriate minutes of the proceeding.  Normally, the hearing shall be completed within one (1) day.  In usual circumstances and for good cause shown, the arbitrator may schedule an additional hearing within five (5) days.

13.     Arbitration in the Absence of a Party - The arbitrator may proceed in the absence of any party who, after due notice, fails to be present.  An award shall not be made solely on the default of a party.  The arbitrator shall require the attending party to submit supporting evidence.

14.     Evidence - The arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered.

15.     Evidence by Affidavit and Filing of Documents - The arbitrator may receive and consider evidence in the form of an affidavit, but shall give appropriate weight to any objections made.  All documents to be considered by the arbitrator shall be filed at the hearing.  There shall be no-post hearing briefs.

16.     Close of Hearing - The arbitrator shall ask whether parties have any further proof to offer or witnesses to be heard.  Upon receiving negative replies, the arbitrator shall declare the hearing closed.