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