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HomeMy WebLinkAboutResolution 1989-046 RESOLUTION NO. 89-46 BE IT RESOLVED by the City of North Richland Hills, Texas, that: 1. The City Manager and Fire Chief of the City be, and are hereby authorized, to execute the attached Working Agreement as the act and deed of the City and the Fire Department of the City. PASSED AND APPROVED by the City Council of the City of North Richland Hills this the 13th day of November, 1989. APPROVED: ~~ Tommy Brown - Mayor ATTEST: FORM AND LEGALITY: NORTH RICHLAND HILLS FIRE DEPARTMENT WORKING AGREEMENT I. WORKING AGREEMENT A. This Agreement shall be known as the North Richland Hills Fire Department Working Agreement. B. No section of this Agreement shall conflict with any provision of the City Charter or Civil Services Rules and Regulations. II. DEFINITIONS A. Working Agreement - An arrangement made between the City Manager, Fire Chief and Fire Department personnel which allows members of the Agreement to work for other members who are sick, injured or temporarily disabled for an extended period of time, thereby main- taining the affected employees' employment status. Membership is voluntary. Members working for disabled employees under this Agreement are not eligible for additional pay under Fair Labor Standards Act rules. B. Central Committee - This committee is the administra- tive body ot the Working Agreement made up of a Chair- man, Vice-Chairman and three shift secretaries (one per shift) elected by the members. The members of the Central Committee are to attend meetings, act as representatives of their members, keep the members informed of the activities of the Working Agreement and shall keep the members posted as to the conditions of any member of the Working Agreement who may be off with an illness or injury. C. Bank Time - Pool of accrued time to be used on Holi- days or unusual circumstances where the affected employee is compensated but a replacement is not actually required to be present. Previously earned holidays or compensatory time of the other members will be used to offset the missing personnel. Minimum manpower requirements must still be met prior to the use of Bank Time. III. MEMBERSHIP A. Any certified fire fighter in the North Richland Hills Fire Department who comes under the protection of Civil Service shall be eligible.î' provided all other requirements are met for membership. - 1 - B. An applicant becomes eligible for membership immediately upon completion of the probationary period. C. To be eligible to receive benefits, the member must complete the probationary period and accept membership at that time. In addition, he/she must work one day immediately after application as assigned by the shift secretary. This day shall be in addition to his/her regularly assigned shift schedule. This day shall be for bank time only. Applicant will not be compensated for this day. . D. An employee must maintain 407. of his/her accumulated sick time or-¡Qõ hours, whichever is less, in order to maintain an active status in the working agreement unless otherwise oeemed eligible by the Central Committee. E. In the event a member elects to resign or does not accept membership when offered, he/she may become eligible at a later date by: 1. Working all days that he/she would have worked han he/she been a member; 2. Contributing the necessary number of vacation and/or holidays that he/she would have contributed had he/she been a member; 3. A vote of approval for membership by a majority of the Central Committee; 4. Refusing benefits for a two (2) year period after acceptance. F. No member of the Fire Department shall be eligible to participate in or receive benefits from the Working Agreement after reaching normal retirement age except with special permission of the Fire Chief on recommen- dation of the Chairman and the Central Committee. NOTE: This provision is intended as a means to extend the time of a member on the Working Agreement for a period of not more than sixty-one (6l) 24-hour shifts if necessary to prevent the member from suffering a percentage loss of pension. G. Failure to release accumulate{~days to the Working Agreement will constitute resi~hation from the Working Agreement. To keep an adequate number of days in Bank Time, it may be necessary for all members to waive one or more earned holidays per year which shall be - 2 - credited to the Working Agreement Bank. Those members who take holidays as they occur will waive one or more vacation days per year. H. Any member who fails to abide by the terms of this Agreement may be removed from membership by a majority vote of the Central Committee. IV. CENTRAL COMMITTEE A. The Central Committee shall be representative of the individual shifts and elected by those members. The Committee shall be made up of a Chairman, Vice-Chair- man and three (3) shift secretaries (one per shift) with the elections held in December of each year. B. The members of the Central Committee are to attend meetings, act as representatives of their members, keep the members informed of the activities of the Working Agreement and the condition of any member off with illness or injury. C. The Central Committee shall, at no time, hold any meetings or transact any business of the Agreement unless there is a quorum. A quorum shall consist of three (3) or more of the elected representatives. D. Election of Committee Members - Term of office shall be two years. Election years shall be staggered as follows: Chairman, "A" and "c" shift secretaries first year and Vice-Chairman, "B" shift secretary the following year. Elections shall be held during the second week of each year. The Chairman and Vice- Chairman shall be elected by vote of the entire membership. Shift Secretaries shall be elected by the individual shifts. E. The Central Committee shall prepare all resolutions for suggested changes to the Working Agreement to be submitted to the Fire Chief. 1. The Central Committee will vote acceptance or rejection on all proposals, resolutions and other business of the Working Agreement at any and all meetings. 2. A favorable vote by the majority of the Committee (3 out of 5) shall be required to approve a resolution. 3. ......j.. Any action taken by the Central Committee may be overridden by a majority vote of the Agreement members. - 3 - 4. Working Agreement changes shall be submitted in writing to the Fire Chief and City Manager in November of each year. No action taken by the City Manager's or Fire Chief's office shall cause proposed change(s) to become effective on January 1st of the following year. V. CHAIRMAN--CENTRAL COMMITTEE A. Elected by the majority vote of members. B. The Chairman of the Central Committee shall preside over all meetings of the Working Agreement. C. The Chairman shall notify the membership in writing of the date and times of all meetings. D. The Chairman shall appoint all necessary committees and see that they are active and carrying on their appointed duties. E. The Chairman shall insure that accurate records of Bank Time and worked days are maintained. VI. VICE-CHAIRMAN A. Elected by the majority vote of members. B. The Vice-Chairman shall assist the Chairman as necessary in maintaining accurate records. C. The Vice-Chairman shall assume all duties of the Chairman during his absence. D. The Vice-Chairman shall supervise all shift secre- taries and work with them to settle any inequities and maintain records of days worked, used and accumulated. VII. SHIFT SECRETARIES A. Each shift shall elect one of its members to serve as shift secretary. All secretaries must be members in good standing of the Working Agreement. B. It shall be the duty of the shift secretary to assign work days, to assist the Vice-Chairman in maintaining records and to pass on any information needed or requested by the members. C. The "C" shift secretary shall k~ep the minutes of all Working Agreement meetings. t,..,;. - 4 - VIII. RULES AND REGULATIONS A. This Working Agreement shall, in no event, work for a member for a period longer than one (1) year or 122 24-hour shifts in any five-year period unless approved by the Fire Chief and a majority vote of the Central Committee. To extend benefits beyond the one (1) year period or 122 shifts, approval must be by two-thirds (2/3) of the membership, provided the requesting individual would be (1) fully vested in the retirement system within twenty-four (24) months of the first day of the Working Agreement start date or (2) within twenty-four (24) months of full retirement benefits. B. All due sick days, vacation days and holiday time on the books shall be used prior to the Working Agreement being utilized. As vacation, holiday and sick time are accrued by a member receiving benefits of this Agreement, it shall be used. A member returning to work after receiving benefits of this Agreement shall have no accrued time on the books. C. Bank Time may be used to offset the necessity of having a fill-in employee on holidays while not causing a loss of pay to the sick or injured employee. Minimum manning must be maintained. D. Any member of the Working Agreement who is off sick or injured and covered under the terms of this Agreement shall forward regular progress reports as provided in the Fire Department General Orders. E. Personnel receiving payment from Workmen's Compensa- tion while receiving benefits from this Agreement shall endorse and forward all such checks to the City. Failure to do so will result in the employee losing claim to a regular payroll from the City as part of this Agreement. F. Any member of the Working Agreement who is receiving time under the terms of the Working Agreement shall not engage in any activities or work as governed by Fire Department Orders. G. Any member who has information that leads him to believe that a member is violating the rules of the Working Agreement shall notify the Chairman and shall given him any information at hand and shall refrain from spreading such information until the Chairman has made a thorough investigation of the matter. Central Commi ttee officers, by maj orit)Fvote, may remove an individual from this Working Agreement. - 5 - H. All members shall be assigned and work "work days" in alphabetical order by the Personnel Secretaries. It is the responsibility of any member wishing to exchange the day assigned to him to contact other members with days assigned to arrange an exchange of days. In the event a member is unable to work due to illness, he will be assigned another day by the Personnel Secretary. In no event may a member use a sick day in lieu of a work day. I. It shall be the responsibility of each member of the Working Agreement to report to the station where the sick member is assigned and work, without compensa- tion, the necessary number of hours to fulfill the terms of the Working Agreement. Each member shall sign a release of overtime pay when working under this Working Agreement. J. These rules shall become effective upon recommendation of the Central Committee and the dated signature of approval by the Fire Chief and the City Manager. K. City Manager and/or Fire Chief shall submit in writing all proposed changes of the Working Agreement to the Central Committee Chairman by October 1st of each year. Failure to act on the proposed change(s) shall cause proposed change(s) to become effective on November 15th of the same year. IX. A. It is the intention of the parties to this agreement that it complies with the Fair Labor Standards Act of 1938, as amended, so that the hours any employee works as a substitute, under this agreement, shall be excluded by the City in the calculation of the hours for which the employee is entitled to any type of com- pensation. The department head shall keep a permanent register which reflects the date and times worked by the substitute and for whom he or she substituted. X. NOTICE OF TERMINATION A. This Agreement may be terminated by any party after a sixty (60) day notice in writing with provision for the exhaustion of all accumulated Bank Time accrued by the members of this Agreement. B. The Chairman of the Central Committee may terminate this Agreement only after receiving a two-thirds (2/3) maj ority vote of the members tÖ';terminate. - 6 - Qh~fd.1J1r~~ a~rman j;¥/Zß<Li~;,£~ /. ' V,~e-~airman ~ \ - b - ~O Date ( // ¡,þ/ - ,'< (.:::..-r- l.f ,'-" ;/1,:7' __i"-.{, Ci ty Managerj r\ \\"", \\' \ \ i r=3 ~ ...L1 ~~ \G.~ ' C 1\ L ...-"". ,'.:;;;~'S:.'''"' Notary Public - ...,' , '.' - 7 - WORKING AGREEMENT ASSIG~~ENT NOTIFICATION TO: FROM: SHIFT/STATION To provide positive notification so that you may be properly credited with working a day under the terms of the Working Agree- ment, Please sign and return this form promptly for credit. You have been scheduled to work: DATE STATION/SHIFT Signature ~, '.' MEMBERSHIP APPLICATION My signature below indicates that I have read the North Richland Hills Fire Department Working Agreement and I hereby (accept/refuse) membership, This is a voluntary agreement and the Fair Labor Standards Act rules shall not be applicable, I understand that, on the days I work for a disabled employee, I will not receive any compensation or overtime pay, Should I be scheduled to work under this Agreement and I fail to report for duty, I understand that my accrued time with the Fire Department will be docked the number of hours I had been scheduled to work, Signature Date Witness ~::