Firefighter Overtime and Leave Policies

• The Collective Bargaining Agreement is between the City of Fort Worth and the Fort Worth Professional Firefighters Association, IAFF Local 440.
• The agreement is effective from October 26, 2022, and expires on September 30, 2026.
• The "Agreement" means the Collective Bargaining Agreement between the City of Forth Worth and the Fort Worth Professional Firefighters Association, IAFF Local 440.
• "Anniversary Date" is the civil service date of commission as a firefighter.
• "Association" is the Fort Worth Professional Firefighters Association, IAFF Local 440, its officers and agents authorized to act on its behalf.
• "Backfill" means filling a temporary staffing vacancy with vacation relief personnel or overtime.
• "Bargaining Unit" includes full-time, permanent, paid members of the Fort Worth Fire Department hired in substantial compliance with TLGC Chapter 143; excludes the Chief, non-certified employees, retirees, and firefighter trainees.
• "Base Pay" is a firefighter's base salary (at step level) excluding additional special pays.
• "Business Day" is Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding days when City Hall is closed to the public.
• "Calendar Day" includes weekends and holidays.
• "City" is the City of Fort Worth, Texas, acting through its authorized agents.
• "City Manager" means the City Manager of the City of Fort Worth.
• "Commission" refers to the Fire Fighters' and Police Officers' Civil Service Commission of the City of Fort Worth.
• "Commission Date" or "Date of Commission" is when a person takes the oath of service in the Department.
• "Company" refers to department apparatus and its crew for responding to emergencies.
• "Date of Hire" or "Hire Date" is when a firefighter trainee attends the Department's orientation and training.
• "Executive Board of Directors" or "Executive Board" refers to elected or appointed members of the Association's board under its constitution and by-laws.
• "Fire Chief" or "Chief" is the Fire Chief of the Fort Worth Fire Department, synonymous with "department head" in Local Government Code Chapter 143.
• "Fire Chief" or "Chief's designee" is the Chief or the individual acting on their behalf.
• "Fire Department" or "Department" means the City of Fort Worth Fire Department.
• "Fire Fighter" is any full-time, permanent, paid member of the Fort Worth Fire Department hired under TLGC Chapter 143, excluding the Chief, non-certified employees, retirees, and firefighter trainees.
• "Fire Fighter Trainee" or "Trainee" is a certified applicant accepted by the City to attend the Department's training academy, required to complete the academy to become a firefighter.
• "Formal Administrative Investigation" is an investigation by the Fire Chief or assigned officers.
• "Hours Worked" refers to all time an employee is required to be on duty at a workplace; firefighter maximum is 106 hours in a 14-day cycle.
• "Local Government Code Ch. 143" or "Chapter 143" means applicable portions of the Fire Fighter and Police Officer Civil Service Act, Texas Local Government Code Chapter 143.
• "Local Government Code Ch. 174" or "Chapter 174" is the Fire and Police Employee Relations Act, Texas Local Government Code Chapter 174.
• "Party" or "Parties" are the City of Fort Worth or the Fort Worth Professional Firefighters Association, IAFF Local 440, or both.
• "Personnel Rules and Regulations" or "PRRs" are the City's written policies applicable to firefighters as authorized under Chapter 2 of the Fort Worth City Code, Article V, "Human Resources," by Ordinance No. 11921, effective February 1, 1999, as amended.
• "Preempt" has the same meaning as supersede.
• "Preliminary Investigation" means meetings, interviews, questions and/or discussions by officers in a firefighter's chain of command regarding topics possibly leading to a Formal Administrative Investigation.
• "Probationary Fire Fighter" is a firefighter who has completed the department's training academy and still in his probationary period.
• "Regular Rate" has the meaning established by the Fair Labor Standards Act, 29 USCA § 201 et seq.
• "Shift" is a 24-hour shift in the Operations Division from 8:00 a.m. to 8:00 a.m., unless otherwise specified.
• "Staff Fire Fighter" or "Staff Personnel" is a firefighter assigned to a 40-hour work week.
• "Stanine" means nine evenly distributed groups of candidates who pass an exam.
• "Suppression Fire Fighter" or "Suppression Personnel" is a firefighter assigned to a 56-hour workweek.
• "TLGC" means Texas Local Government Code.

Article 1: Intent and Purpose

• Entered by the City of Fort Worth (City) and the Fort Worth Professional Firefighters Association, IAFF Local 440 (Association).
• The intent is to achieve harmonious relations, establish benefits, pay rates, hours, and employment terms, and ensure equitable grievance adjustments during the agreement.
• The Agreement supersedes any conflicting provisions in TLGC Chapter 143 or other statutes, executive orders, local ordinance, or rule adopted by the City, as authorized by Section 174.006 of the TLGC.

Article 2: Recognition

• The city recognizes the Fort Worth Professional Firefighters Association, IAFF Local 440, as the sole and exclusive bargaining agent for all firefighters per the terms of the agreement.

Article 3: Non-Discrimination

• Neither party may discriminate based on membership or non-membership in the Association. The City may not discriminate against Association members carrying out Association duties.

Article 4: Management Rights

• The City has exclusive management and direction of the Department, subject to state and federal laws and terms of the agreement.
• The city acknowledges the importance of providing quality fire protection and services for its citizens.
• The City has the ability to:
  • Direct employees' work, including overtime scheduling.
  • Determine the number of classified positions in each rank according to Section 143.021.
  • Hire, promote, demote, transfer, assign, and retain employees, subject to civil service regulations and the agreement.
  • Reprimand, suspend, discharge, or terminate employees, subject to civil service regulations and the agreement.
  • Maintain governmental operation efficiency.
  • Relieve employees from duties due to lack of work, subject to civil service regulations and the agreement.
  • Use the Department in emergencies to protect life and property.
  • Determine methods, processes, means, personnel, assignment, and deployment of apparatuses, equipment, and staffing levels by which the department's functions are carried out.
  • Determine personnel assignments, subject to the remaining specific provisions of the Agreement.
• The City will not use civilians to perform duties restricted under TLGC Chapter 143, except for:
  • Fiscal Management
  • Personnel Support (administrative staff)
  • Clerical Support
  • Delivery (supply)
  • Fire Services/Vehicle and Equipment Maintenance (existing fire officer positions shall be maintained as the supervisor)
  • Industrial Sewing Technicians (Protective Clothing Repair)
  • Supply and Warehousing (existing fire officer positions shall be maintained as the supervisor)
  • Purchasing
  • Fire Photography
  • Fire Protection Engineers
  • Fire Protection Specialists
  • Revenue collection and Billing
  • Information Technology and Systems including CAD Administrator
  • Office of Emergency Management
• The City retains all rights and authority by law through the City manager and the Chief, unless otherwise specified in the Agreement.

Article 5: Maintenance of Standards

• All economic benefits, privileges, and working conditions lawfully in effect as of the agreement's effective date will remain unchanged during the agreement.
• "Written City or Department policy" refers to City Ordinances, PRRs, departmental SOPs, IOCs, Information Bulletins, Fire Department Rules and Regulations, and any written documentation that the official approval is by a substantially similar process for those referenced. This also includes memos from the Chief, Assistant Chief or Deputy Chief.
• The City retains authority, through the City Manager or Chief, to make unilateral changes to written Departmental policies considered management rights outlined in Article 4 without Association consent.
• Written City or Department policies concerning economic benefits, privileges, and working conditions can be implemented or amended during the agreement with mutual consent of the City and the Association.
• Amendments or implementations must be written and co-signed by the Chief (if concerning operational issues) or by the City Manager or their designee if involving funding.
• Proposed firefighter PRR changes clarify organization, structure, and readability, not economic benefits, privileges, or working conditions; these changes are subject to the outlined approval process.
• Departmental SOPs, Information Bulletins, and Rules/Regulations will be posted to the Department's Intranet Site.
• Written policies officially approved will be posted to the Department Intranet Site in a section designated for "Written City or Departmental Policy," including IOCs/Memos from the Chief, Assistant Chief, or Deputy Chief.
• Unintentional failure to post any policy does not render it unenforceable.

Pension Changes

• Nothing in this Article supersedes the provisions of Chapter 2.5, Art. I, Section 2.5-1, et seq., of the City of Fort Worth Code (Retirement Ordinance), or Article 6243i of the Texas Civil statutes, but this Article contractually requires the City to provide advance notice to the Association, as specifically provided.
• The City will provide the Association with 180 days' notice before taking any action that reduces pension benefits for firefighters. During 180 days, the City Manager will solicit input from employee groups about proposed changes.
• The City has not bargained over or included pension benefits language in the CBA.
• Sections 1 and 2 of this Article will not affect the retirement benefits for firefighters.
• Disputes between the City and Association (or any firefighter) regarding pension benefits will be resolved through judicial action, not the agreement' Grievance provisions.

Civil Service Commission Rules

• The City or Civil Service Commission is not obligated to mail proposed/enacted rule changes promulgated by the Civil Service Commission.
• Proposed/enacted changes to the Civil Service Commission rules must be emailed. This preempts TLGC 143.008(e) (1) and (3).

Article 6: Association Business Leave

• The City will allocate 1684 hours of equivalent work-time each calendar year for agreed Association Business Leave (ABL)Pool.
• At the end of each calendar year, unused ABL hours up to 425 will carry over and must be used prior to the end of the next payroll year.
• ABL hours allocation must be used on a first-in, first-out basis.
• ABL is charged at 1:1 rate, contributes to the pool for every hour used, based on firefighter's work schedule leave accrual.
• The Chief may order the Association President or any Association firefighters on ABL time to work during an emergency.
• ABL hours will be counted to calculating overtime and ABL hours may be used for:
  • Representing members at a disciplinary hearing or grievance meetings.
  • administering terms of the Agreement.
  • Attending Executive Board meetings.
  • Attending regular Association business meetings.
  • Attending other meetings, training, seminars, workshops, and conferences.
  • negotiating.
• ABL hours are prohibited from use unless a member is scheduled to work.
• All Association Business Leave must be posted on Telestaff and ABL shall not be subject to vacation quotas.
• The Association will notify the Chief, in writing, withing 30 days to the names of the Association's Board of Directors and to include disciplinary representatives.
• The Association will thereafter promptly notify the Chief of any change in the composition of its Board of Directors.
• Designated members of the Association's Board of Directors scheduled to work can attend monthly membership, regularly scheduled board meetings, and special board meetings.
• Firefighters using ABL hours may elect to exchange time in lieu of ABL hours; must be properly documented and comply with local, state, and federal regulations, including SOP S 1302 R4.
• The Association President will be placed in a non-exempt staff position at 40 hours a week.
• The special assignment will allow the association President latitude to deal with the duties and retain all of the privileges of their employment.
• The Fire Chief retains the right to recall association president to duty during an emergency or special event involving an overriding need for the citizens of Fort Worth.
• The Fire Chief retains the right to revoke the assignment during emergencies or jeopardy of citizen welfare. president reserves the right to mitigate grievances and visit association numbers towards improving working lives.
• President may participate in any discussion affecting Association member quality of life, health, and Association well-being must suffer no loss of longevity, seniority, pension, days off, or other benefits.
• However, the President will be entitled to all certification and incentive payments owned to them at the time of their transfer to this special assignment.
• On term expiration, the outgoing Association President will be in a relief role until choosing permanent assignment via the bid process.
• No more than one firefighter elected as a union officer of the International Association of Fire Fighters (IAFF) or the Texas State Association of Fire Fighters (TSAFF) can be afforded the same rights/privileges as outlined for Association presidents.

Other associations

• City agrees to release with pay each member Local 440 bargaining team for each formally scheduled collective bargaining negotiating session if they are scheduled to work. Association President shall provide The City a list of up to 7 bargaining members eligible to be released prior to the first scheduled bargaining session. Paid time will begin at least 30 minutes prior to start and no sooner than 30 minutes after session end. Nothing in this Article prevents prior Chief practice for leave for other employee associations.

Article 7: Internal Communications

• Subject to Department SOPs, City rules/regulations, and this Agreement, the Association may use electronic communications (e-mail) to communicate with Association members regarding matters of general interest but with restrictions as to not be unenforceable:
  • The City grants access to the ZZ_CFD distribution group for the Association Executive Board for: meeting and training.
  • Association Board members may use the City e-mail system to communicate Association business among themselves but individual members cannot advocate for/against issues, campaign, or promulgate personal issues via the system.
• Association e-mail communications must relate only to certain subjects:
  • Recreation and Social Affairs or other non-political Association activities, Association meetings, Association elections, reports of Association committees, rulings/policies (state/national Association, without added commentary).
  • Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations (without added commentary). -Association communications should not contain political commentary, solicitation membership/financial, derogatory, or offensive propaganda which reflects negatively upon the City, its officials, employees/citizen.

Article 8: Payroll Deduction

• The city deducts bi-weekly for remittance to the association and the amount of pay amount authorized by the Board of the Association. Deduction amounts shall remain constant, until notified via writing.
• The Association may change the deduction but must do so with 30 days notice calendar days’ notice to the City.
• The total amount of deduction and a list of each member's total deduction must be returned within 10 business days from the date the amount is taken from the member's pay. Firefighters wishing to join the Association or who wish to withdraw authorization, must complete paperwork of their own accord.
• All amounts deducted as the deduction fees, shall be paid to the designated representative of the Association, in accordance with established procedures. Any cost is subject to annual review.
• At the time that city Finance Director is informed of assessment, there must also be information for per person reason for the proposed assessment. Association assess of its members can be done with notification to the City Finance Director.
• Association shall defend the City and help with any claim demands, suits or other forms of legal action that may arise out of it.

Article 9: Wages

• Subject to the other provisions of the Agreement, wages for firefighters covered by the Agreement will be paid over the four-year term per the structured pay plan in Appendix A.
• Annual step increases in Appendix A continue through the one-year evergreen period (Article 33) or until a new agreement is reached.
• Beginning with the pay period that begins on November 5, 2022, during FY 2022-2023; 5.0% across-the-board + annual step pay increased on the structured pay plan attached in Appendix A for those fire fighters eligible on their anniversary date. Effective on the first full pay period, after October 1, 2023, for FY 2023 2024, 3.1% across-the-board + annual step increases on the structured pay plan attached in Appendix A for those fire fightiers eligible on their anniversary date. Effective on the first full pay period, after October 1, 2024, for FY 2024 2025, 3.0% across-the-board + annual step increases on the structured pay plan attached in Appendix A for those fire fightiers eligible on their anniversary date. Effective on the first full pay period, after October 1, 2025, for FY 2025 2026, 3.0% across-the-board + annual step increases on the structured pay plan attached in Appendix A for those fire fightiers eligible on their anniversary date.
  • For those Occaison's when firefighters anniversary rate increase/decrease is in the same day implementation is implemented, the order base pay increase, then the rate increase.
  • This Article preempts contrary provisions like TLGC 141.032, 143.041(b/c) 143.042, 143.044 and local ordinances/rules.

Article 10: Overtime

• Emergency Call Back Overtime (ECOT) is a "premium pay" paid at time and one half (1 ½) of the regular rate for emergency call backs as declared by the Fire Chief and four (4) hours overtime will be eligible. Firefighters shall be paid in this for workers during call backs; hours for call backs will not count as overtime.
• Firefighters may be required to work to 7 continuous hours, except under the provisions of Section 1. Mandatory/Forced-hire overtime shall be paid as ECOT premium pay though, this cannot be used as calculating eligibility for voluntary overtime.
• Constant Stafficing Overtime (CSOT) is regular overtime (FSLA) when firefighters volunteer selected and work in an apparatus to meet daily staffing requirements and if beyond hourse fire fighters hours but not caused by the emergency.

Regular Overtime

• The Association acknowledges that the City compensates suppression.
• This article exempts contrary provisions that set forth in TLGC 142.0015, any other rules or regulations. Regular Overtime for a Staff fire fighter is defined as hours worked in excess of 40 hhours. The use of Sick (S), and Family (F), leave will not count as hours worked. Vacatino relief on a basis shall not exceed 20%. Minimum staff requirements includes; all companies staffed as according to article 17, one shift commander, Chiefs, one shift, one duty paramedic, and two SCBA.

Article 11: Compensatory Time Off

• As permitted by the FLSA, the City may compensate fire fighters with comensatory time in lieu of overtime, if requested by the individual, and with the Chicf approving the request with descretion. Parties must comply with federal law. Use of "fire fighter" does not allow use of affording of right to time-and-a-half. This section preempts only in section only to the extent of any inconsistancy in that section.

Article 12 Vacation/Holiday Leave

• Vacation time is based on the following chart:
• Vacation time is based on the following chart: Vacation leave for sworn fire fighters shall occur according to the following chart: Maximum Accrual / year Accrual Rate per pay period Staff firefighters 120 hrs/year 4.62 5 yrs with service time 136hrs/year 5.23 10 yrs with service time 144 hrs/year 5.54hrs 15yrs service time 160hrs/year 6.15 20 yrs service time 184hrs/year 7.08 Maximum accrual / year Accrual per rate apy period Sppression firefighters 180hrs/year 6.93 204 7.85 216 /year 7.31 accrual 240/year 9.23 276 10.62 Floating holidays included here.

Article 13: Working Agreement

• Firefighters can arrange for another firefighter from the bargaining unit to substitute for them if they are sick/ injured with their non-occupational, depleted leave benefits,
• Employee subbing from the team has the following, 12 months probationary period, may petition the Chief to use accrued leave.

Article 14: Group Health Benefits

• on may 1, 2018, the city and entered Health Agreement that includes the associations administrator Trust in local one for Benefits, the Health Care will be nehotiated membership.
• Such Healthcare has had a long period of collective Agreement. Parties acknowledge the the associations do not represent, includes those through the healthcare the association and city agree to the terms through Health care contracts cannot be filed with the city's health plan for the years of members referred to amendment.

Article 15: Retiree Health Benifits

• For the sole benefit of firefighters establish 50139. VEBA (Voluntary Employee Beneficiary Association). the $1.600.000 (1, 600,000) in savings

Article 16

• The City and any other benefits shall continue to provide the 3210.25 (3210. 25) City and the associations in mutual agreement.
• Reserve the right to reopen negotiations to consider the establishment of a supplementary retirement plan.

Article17: Staffing standards

• The right to assign any employee to that post is reserved with Fort Worth Fire Department, in its final analysis management makes the Fire-Chief have these assignments or not though

Article 18 procedure for filling and Proabtionary period for Beginning positions for firefighter department,

 The Chief the Department and Recruitment: all will begin to the recruitment. The association assigns is unsaid proctor in the physicial distance, fire license and other testing.

Article 19 APPPOINTED POSITIONS

• Any person appointed to Assistant Chief shall meet the requirements of TLGC Article. Organizationally, Deputy the immediately and that a member be made by disretionary appoinments for Chief and the member.
• The demoted at the discretion. Power, jurisdiction. and the

Article 20: SECONDARY EMPLOYMENT

• Firefighters cannot engage in secondary employment while on duty, if constitutes a conflict of interest with the Department. or where Employment.
• Firefighters shall at all times be guided by the ordinary and required with good in the provisions of Article. This Article Shall not construed authorize uncondition duties.

Article 21 Discinplinary Procedures

• City, that does not make you to use payment in lieu of suspension, is the duty of the City while intoxicated.

Section 22:grievances

• Grievance is dispute, claim or that are in compliance with the Article. Within after the submission for for of the Article.

Article 23: Personnel File

• A FF (fire fighter) with or without his or her designated representative shall be entitled to review schedule a time at least 36 hours or Deputy Chief over the office of professional standards of the fire fighters expense.

Article 24 MICELLANEOUS

• At your position subject to officer supervision, the Association to a committee.
• Station air Fire Department Committees.

Article 25 Chaplain Program

• Minimum of one firefighters should be the chief of of of employee. who is to assist.

Article 26: Health and Safety

• The safety and qualified Protection has determined standard must be met fire service.
• Any written complains shall be forwarded to Physician. During shall obtain and Health provider should seek provider. The will obtain medical to the.
• City's will not to participate equipment.

Section 27: PRomotion to

Releasd Posted study

Article 28; Sick leave and family leave

• sick leave and family leave will be on cases the firefighters member. no, excess. or. to sick leave family leave.

Article to29:Fire fighter appraisals

• Shall. however, the the management skills. the.

Article 30:Incentive Pays

• The article is about incentive pays

Section 31:

• Except as otherwise provided, any notice, demand, request or other communication must be made in writing and delivered by mail postage or e-mail system

Article 32:

• Successors and Assigns

Article 33

Savings clause & amendments

• Should any clause be voided in this agreement, it will be subject to immediate negotiations. The two sides will then try to substitute for those provisions.

Article 34 Duration and Termination

• This Agreement shall be enforced on or before the 30th day of September 2026
• If economic conditions and a tax cap and are affected, then negotiations between the City Council and the Association may be reopened.

This lesson covers the conditions for Emergency Call Back Overtime (ECOT) eligibility and pay rates for firefighters. It also contrasts Constant Staffing Overtime (CSOT) with ECOT, and defines Regular Overtime (FLSA) for both Suppression and Staff firefighters. Also discussed is the impact of ECOT on other overtime calculations and the allocation of Association Business Leave.