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HomeMy WebLinkAboutContract 61160City Secretary Contract No MEMORANDUM OF UNDERSTANDING AND AGREEMENT This Memorandum of Understanding and Agreement (MOU) is made between the Fort Worth Professional Firefighters Association ("the Association") and the City of Fort Worth ("the City"). The parties to this MOU agree that, in the process of implementing a new payroll system, the City has identified certain provisions of the Collective Bargaining Agreement between the parties (expiring September 30, 2026) ("CBA") that require clarification and interpretation. Specifically, clarification and interpretation are needed in CBA Article 10 relating to overtime and CBA Article 12 relating to Holiday Pay. Pursuant to 29 CFR §778.200(a)(5), (6), and (7), 29 CFR §778.200(b)(2), and 29 CFR §778.201, CBA Article 10, shall be interpreted by the parties as follows: Section 1. Emergency Call Back Overtime. Pursuant to 29 CFR §778.200, Emergency Call Back Overtime ("ECOT") is a "premium pay" and shall always be paid at time and one half (1 '/2) of the regular rate of pay. Whenever a fire fighter is called back to work for an emergency after the fire fighter's regular working hours (due to an emergency situation as declared by the Chief), the fire fighter shall be eligible for ECOT and shall be paid a minimum of four (4) hours overtime. Fire fighters shall be paid in this manner for all hours worked during the callback until the fire fighter's duty day begins, in which case at which time, the additional compensation will cease. Hours worked that are paid as ECOT premium pay will be coded as non -productive time to allow for the overtime credit under 29 CFR §778.200(b)(2) to be automatically applied. a^ not ^ nt s hlf-S vireirked for the purpose of caculating eligibility f - Section 2. Mandatory Overtime (Force -Hire). Mandatory/forced-hire overtime shall be paid as ECOT premium pay. Hours worked that are paid as ECOT premium pay will be coded as non -productive time to allow for the overtime credit under 29 CFR §778.200(b)(2) to be automatically applied. de net eeunt as hours worked for the purpose of ,...1, elating eligibility for- r-egula: or .,olu.,.afy ever -time. In addition, the last paragraph of Article 12, Section 4, shall be interpreted by the parties as follows: Those hours worked by a fire fighter who is not scheduled to work on a day that is a holiday shall be compensated at two (2) times their regular rate of pay. The hours actually worked that afe aid to a fire fighter- at two (2) times their - „lar- rate of pay will be coded as productive time, and the double time hours will be coded as non -productive time to allow for the overtime credit under 29 CFR §778.200(b)(2) to be automatically applied. a^ not count+^,,,,,,.,1 the fire fighters OFFICIAL RECORD MOU CITY SECRETARY Page 1 SCANI ED FT. WORTH, TX N Fire Fighters cannot be compensated with compensatory time under Article 11, in lieu of holiday rate pay set out in this Section. Pursuant to Article 33, Section 1, the interpretations and clarifications of Articles 10 and 12 contained within this MOU do not affect any other provision in the CBA, and all other provisions of the CBA remain enforceable as written. To witness their agreement, the parties' authorized representatives have affixed their signatures to this Memorandum of Understanding and Agreement on the dates stated: Agreed: 912- 02-16-2024 Michael Glynn, President, Fort Worth Professional Date Firefighters Association, on behalf of the Executive Board of the Association 31 �D� Dav' ooke, City Manager ate OFFICIAL RECORD CITY SECRETARY FT WORTH, TX MOU Page 2 Approved as to Form and Legality: Christopher A. Troutt Senior Assistant City Attorney Attested by: .11,A_S2 A Ci Secretary Contract Authorization Number 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. Christopher A. Troutt 3/20/2024 Name of Employee Date OFFICIAL RECORD CITY SECRETARY FT WORTH, TX MOU Page 3