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Approval for use of the leave will be denied if there are insufficient hours in the <br /> Leave Bank to pay for the coverage of shifts during the proposed absence. <br /> Shift Coverage: The Battalion Chief shall secure a replacement to cover the <br /> shifts resulting from an approved Union Leave absence, pursuant to the current <br /> practice for obtaining shift replacements. In the event Union Leave is sought at a <br /> time when there are inadequate hours in the leave bank to cover the leave, <br /> employees may seek a shift-trade, vacation or comp-time in accordance with <br /> current policy and practice. <br /> Time Card Coding: Employees absent on Union Leave and employees covering <br /> for employees absent on Union Leave shall code their time cards accordingly. <br /> Disclaimer of Liability: The City assumes no responsibility for how the leave time <br /> is used. Time spent on Union Leave is not considered time worked for purposes <br /> of worker's compensation or any other purpose and the Union shall indemnify <br /> and defend the City for any claim that arises in whole or part from the activities of <br /> employees utilizing such leave. The union will indemnify the City for any claims <br /> both actual winnings and attorneys fees. The City will choose its own attorney in <br /> these matters. <br /> Overtime: Time spent on Union Leave is not counted as time worked for <br /> purposes of calculating City or FLSA overtime. Time spent by employees <br /> covering for those on Union Leave is counted as time worked for purposes of <br /> overtime. The union will indemnify the City for any OT compensation claims both <br /> actual winnings and attorneys fees. The City will choose its own attorney in these <br /> matters. <br /> No Waiver of Rights: Nothing in this section shall supersede the Fire Chiefs duty <br /> to maintain management control over shifts to ensure that the daily operation of <br /> the Fire Department and emergency situations are adequately covered. <br /> Sunset Clause: This section shall expire July 31, 2010, unless extended by <br /> mutual agreement of the parties in a subsequent MOU. <br /> Upon the signing of this agreement an initial contribution of two(2) hours for 56 <br /> hour personnel and one (1) hour for 40 hour personnel will be made to the Union <br /> Leave Bank. After the initial contributions, all further contributions will be made <br /> on an annual basis on the first pay date in July of each year. <br /> Union Leave Bank - Page 2 of 3 <br />