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HomeMy WebLinkAboutContract 58213 CITY SECRETARY CONTRACT NO.: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FORT WORTH AND FORT WORTH PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 440 This is a Memorandum of Understanding ("MOU") between the City of Fort Worth, on behalf of the Fort Worth Fire Department, hereinafter called "the City, " and the Fort Worth Professional Firefighters Association Local 440, hereinafter called "the Association." I. PURPOSE & SCOPE The purpose of this MOU is to state that the parties have tentatively agreed to language amending Article 17, Section 2 in the forthcoming Collective Bargaining Agreement ("CBA"), which is currently in negotiation and which the parties expect to be finalized in the near future pending the necessary approvals by the City Council and the Association's members. IL BACKGROUND The current CBA became effective July 1, 2019, and expires September 30, 2022. Article 17, Section 2 of the current CBA provides as follows: Section 2. Four-Person Staffing. The City shall continue its practice of staffing with four (4) persons (consisting of. one (1) officer, one (1) engineer, and two (2) fire fighters), active service status Engine companies and Truck companies, including quints (as commonly recognized apparatus by the Association and Department), Hazmat Squad, and ARFF companies (maintaining the existing practice of one four-person crew per ARFF company). These apparatus may be temporarily reduced to three (3) persons, yet remain in active service, if a fire fighter assigned to work on an apparatus is off duty using available leave or for reasons involving assigned departmental business that include but are not limited to attending training, serving as an instructor, taking a drug test, etc. for up to five (5) hours including travel time. This practice may be used once daily per apparatus. In April 2022, a disagreement arose regarding the application of this provision. On April 12, 2022, the Association submitted Contract Grievance No. GR-F-2021-575 (the "Grievance"), arguing that Section 2 can only be used when a fire fighter takes five or fewer hours of leave. On April 25, 2022, Fire Chief Jim Davis denied the Grievance on OFFICIAL RECORD CITY SECRETARY CSO n D Page 1 of 3 FT WORTH,TX OCT 7'22 Pm2: 2 the grounds that the language of Article 17, Section 2 allows the provision to be used for "up to" five hours if a fire fighter takes more than five hours of leave. The Association disagreed with the Chief s interpretation and, therefore, sought to arbitrate the Grievance pursuant to the CBA. However, because the City contends that the subject of the Grievance is not subject to arbitration under the CBA, the Association filed a lawsuit on May 31, 2022, in the 481h Judicial District Court of Tarrant County, Texas, seeking to compel arbitration(Fort Worth Prof. Firefighters Assoc. v. City of Fort Worth, Texas, Cause No. 048-333817-22) (the "Lawsuit"). 111. AGREEMENT OF THE PARTIES In the course of ongoing collective bargaining negotiations, the parties have reached a tentative agreement on an amendment to the language of Article 17, Section 2 for the forthcoming CBA which resolves the dispute at issue in both the Grievance and the Lawsuit. The parties agree that, in the forthcoming CBA, assuming that the CBA is approved by the Association's members and the Fort Worth City Council, the language of Article 17, Section 2 will be amended to read as follows: Section 2. Four-Person Staffing. The City shall continue its practice of staffing with four (4) persons (consisting of. one (1) officer, one (1) engineer, and two (2) fire fighters), active service status Engine companies and Truck companies, including quints (as commonly recognized apparatus by the Association and Department), Hazmat Squad, and ARFF companies (maintaining the existing practice of one four-person crew per ARFF company). These apparatuses may be temporarily reduced to three (3) persons, yet remain in active service, if a fire fighter assigned to work on an apparatus is: (a) off duty using available leave for up to five hours; or (b) is involved in any assigned departmental business, for up to five (5) hours, including travel time. In exchange for the City agreeing to this amendment to the language Article 17, Section 2 in the forthcoming CBA, the Association agrees that within 30 days of the effective date of the new CBA, it will: (1) dismiss the Lawsuit currently pending in the 481h District Court of Tarrant County, Texas, with each party bearing its own costs and attorney's fees incurred in the Lawsuit; and (2) withdraw the Grievance. The Association further agrees to waive all past or future claims, including those for monetary relief and attorney's fees, related to the Lawsuit or the Grievance, or arising from the application of the previous version of Article 17, Section 2 found in the iteration of the CBA effective from July 1, 2019, and expiring September 30, 2022. Page 2 of 3 IV.EFFECTIVE DATE AND SIGNATURE To the extent allowed under applicable law and the CBA,the parties agree that this MOU will be effective as of the date this MOU is signed by the last authorized representative of the parties to sign. The City and the Association indicate agreement with this MOU by the signatures of their respective authorized representatives;below. City of Fort Worth: Fort Worth Profession al.-irefighters Association Local 440. / 1 Valerie Washington Date Michael Glynn Date j Assistant City Manager President Approved as to Form and Legality: Approved as to Form: Christopher A.Troutt Date Matt Bachop Date Senior Assistant City Attorney Attorney for Plaintiff in Fort Worth Prof. Firefighters Assoc. v. City of Fort Worth, Texas; Cause No. 048-333817-22 Attest: ette Goodall Date y X i Secretar ty 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: vgtl r,"4"ZZ Name: Valerie Washington Date Title: Assistant City Manager Page 3 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TIC