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if the City's previous practice of allowing merit increase consi- <br />deration after six months of service had not been amended. <br /> <br /> 6. FIRE CAPTAINS AND FIRE PREVENTION OFFICER. City agrees to <br />abandon its efforts to designate fire captains as management employees <br />and recognizes that said position is a part of the bargaining unit <br />represented by Union per the City's Personnel Manual. Union agrees <br />that the Fire Prevention Officer is a management employee and is <br />excluded from the bargaining unit. <br /> <br />7. MISCELLANEOUS: City agrees Lo provide One Thousand Dollars <br />($1,000.00) each to the two firefighters presently attending St. Mary's <br />College. Said payment is intended to make said employees whole for <br />tuition and expenses incurred prior to negotiation of an educational <br />incentive pay plan as provided herein. No additional claim for <br />tuition and expenses shall be made by Union or any of its members <br />on behalf of said two firefighters for educational expenses except <br />as specifically set forth herein. <br /> <br /> 8. RETROACTIVITY: The parties agree that nothing contained in <br />this agreement shall be effective retroactively from June 25, 1973 <br />to the present, unless specifically provided for in each paragraph. <br />The contents of this agreement are to be applied prospectively from <br />the date that this agreement is executed. <br /> <br /> 9. ACCORD AND SATISFACTION: This agreement represents agree- <br />ment between the parties hereto in accord and satisfaction of the <br />disputed items set forth in IAFF Local 1974 v. City of Pleasanton <br /> <br /> 1 Civil 36270. The parties agree that no additional disputes remain <br /> between them arising from said litigation and that City has abided <br /> <br />-4- <br /> <br /> <br />