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Parties have agreed to maintain the "Company" concept to the "A" team (i.e. Captain, Engineer and two <br />(2) Firefighters). <br />Until there are enough team members of the proper rank, per division, Hazardous Material Specialists of <br />differing ranks will temporarily fill current vacancies on the "A" team As personnel on the "B" team <br />attain Specialist certification they may, if they hold the vacant position's rank, displace those on the "A" <br />team working temporarily out of rank positions. Those individuals bumped off the "A" team will return <br />to occupy a `B" team position. <br />When an "A" or `B" Team member moves to another Division, if there is an open position on either <br />team, can submit for it. All positions on "A" or "B" team will be filled by rank seniority. If after a cross <br />division move there are no open positions for the transferring employee, they will no longer continue in <br />a hazardous materials team status. <br />The Fire Chief and the Local have mutually agreed to postpone the discussion of a Hazardous Materials <br />"1 lth" Company until such eleventh company is actually created. At that time the concept and <br />functionality can be further reviewed. <br />Members of this pool will be used to maintain Department minimum staffing for Hazardous Materials <br />response. If a pool member is used to maintain the minimum staffing, this member will be compensated <br />five percent above their base salary for the time they are in the position, for assignments exceeding one <br />(1) continuous hour. <br />Pool members may also be needed to staff key positions during significant Hazardous Materials <br />incidents. If members are so used they will be compensated five percent of their base salary for the time <br />they are used on an incident, for assignments exceeding two hours per incident, including a Hazardous <br />Materials recall. <br />Pool members will be required to participate in a minimum of sixteen (16) hours of Hazardous Materials <br />training per year 8 hours of which are in conjunction with the Hazardous Materials Team. This training <br />may be with the team or as individuals with assigned study. <br />Section 32. Separability of Provisions <br />In the event that any provisions of this Memorandum of Understanding is declared by a court of <br />competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of <br />Understanding shall be null and void, but such nullification shall not affect any other provisions of this <br />Memorandum of Understanding, all of which other provisions shall remain in full force and effect. <br />35 <br />