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HomeMy WebLinkAboutContract 51007 FORTWORTH., 80".N.Mm.. May 11,2018 Via email Mr. Michael Glynn President, Fort Worth Firefighters Association IAFF Local 440 3855 Tulsa Way Fort Worth,Texas 76107-3345 Re: Grievance of the Fort Worth Professional Firefighter's Association-Local 440 GR-F 2018-01 "TRT Grievance" Memorandum of Understanding between Local 440 and City of Fort Worth Dear Michael: As you know,the Fort Worth Fire Fighters Association, IAFF Local 440("the Local 440") has asserted in the above-referenced grievance that the City should have paid Fire Fighter James Davis TRT assignment pay,in the amount of$100,for the month of December because he worked one partial shift during that month. The City and the Local 440 have agreed to a compromise and settlement of this matter and this Memorandum of Understanding("MOU") will serve to document that agreement. The parties to this MOU agree that the promises and representations contained herein will be sufficient,good and valuable consideration to resolve the Grievance filed by the Local 440 on or about January 12, 2018 (GR-F-2018-01)("the Grievance")relating to TRT assignment pay, and other assignment pay requirements. In order to compromise, settle and resolve the Grievance at Step 2,under Article 22 of the Collective Bargaining Agreement,the City and Local 440 have agreed in this MOU as follows: 1. The City agrees to pay to Fire Fighter James Davis the sum of$50.00 in recognition of the inconvenience he experienced in working that partial shift,and in recognition of him and the Association bringing this issue to the City's attention. This payment will not be considered earnings and neither the City nor Davis will be required to make pension contributions on this amount. 2. The City and the Association agree that the City and firefighters will take responsibility to help ensure that individuals are not assigned to positions inappropriately. This means that the Fire Department will institute measures to help ensure that assignment designations, such as TRT,are included in Telestaff OFFICIAL RECORD The City of Fort Worth *200 Texas Street*Fort Worth,Texas 76102 CITY ONCRAITARY 817-392-7600*Fax 817-392-8359 FT.WOFam, Mr, Michael Glynn May 11,2018 Page 2 for only those firefighters who are assigned to positions for which they receive the i assignment pay related to that designation. Likewise,individual firefighters will have a duty to notify their senior officer if they are told that they are to be assigned to a position that includes assignment pay for which they are not already receiving the assignment pay. This duty is only applicable when a firefighter is temporarily detailed to a specialty station to meet the minimum staffing requirements for the"specialty"(e.g.,TRT,Hazmat,dive,etc.),as a substitute for the regularly assigned person,and he or she is not being compensated for that specialty through Assignment Pay. The City expressly denies the allegations stated in the Grievance and specifically denies { that it owes any fire fighter, including James Davis,any amount of money for unpaid assignment pay amounts,or that it has any liability to any fire fighter for any of the allegations made in the Grievance. The City and the Local 440 enter into this MOU and agree to perform their j obligations under this MOU to buy peace and avoid the uncertainty,time,and expense associated ' with resolving the Grievance through an arbitrator. This settlement is not an admission by the Department or the City that either breached or took any action contrary to any provision in the Collective Bargaining Agreement(CBA)or any policy,regulation,or rule,of the Department or the City. This MOU is a settlement of disputed claims and shall not be evidence of,or construed to set a precedent of any kind in connection with,the interpretation or application of the CBA. The parties agree that all obligations contained in this MOU are subject to change by the provisions of a subsequent Collective Bargaining Agreement or Memorandum of Understanding between the City and Local 440. If you agree with the provisions in this MOU,please sign below, where indicated,and return a copy to me. Your signature will further acknowledge that, as to this document,the notice requirements found in Article 27 of the Collective Bargaining Agreement between the City and Local 440 have been met and that transmittal of this document via facsimile and/or email-PDF format is sufficient notice. Ag e-d Agreed: va crie 1Vashington Michael Glynn Assistant City Manager President, Fort Worth Firelighters Association,Local 440 ©!r- 2 S - t='9 Date Signed Date Signed i Mr. Michael Glynn May 11,2018 Page 3 Approved as to Form and Legality: Attest: Cluistopher A. Troutt ate ry Ka e Datc Senior Assistant City Attorney City Secret, y C: Brian Dickerson, Civil Service Director pF..F�R? Larry Lockley, Labor Relations Manager * :I 14EXAS Og f 1CIAL ItE,CORO CITY 911CMARY i Mr.Michael Glynn May 11,2018 Page 4 Contract Compliance Manager. By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: 1 Name: Christopher A.Troutt Title: Assistant City Attorney