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19 Employees hired during the year will have no deduction until the following fiscal year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank. B. Usage of the Union Leave Bank Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met: 1. The absence is for a union authorized event or purpose. 2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence. 3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence. 4. The absence is approved in writing by shift Deputy Fire Chief. The Deputy Fire Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements. However, nothing in this section shall supersede the Fire Chief’s duty to maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations. C. Payment for Union Leave When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s) shall be made at the employee’s applicable regular or overtime rate on an hour-for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly. D. Indemnification 1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees. 2. The City assumes no responsibility for how union time is utilized. Time spent on union leave is not considered work time for purpose of worker’s compensation or any other purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.