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Employees hired during the year will have no deduction until the following fiscal year's leave <br /> bank transfer. Employees separating employment during the year will receive no credit for or <br /> return of hours contributed to the Union Leave Bank. <br /> B. Usage of the Union Leave Bank <br /> Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences <br /> when all of the following conditions are met: <br /> 1. The absence is for a union authorized event or purpose. <br /> 2. A Union official has provided prior written approval for the use of the Union Leave Bank to <br /> cover the absence. <br /> 3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and <br /> overtime rates to provide coverage for the absence. <br /> 4. The absence is approved in writing by shift Battalion Chief. <br /> The Battalion Chief shall secure a replacement to cover the shifts resulting from an approved <br /> Union Leave absence in accordance with the current practice for obtaining shift replacements. <br /> However, nothing in this section shall supersede the Fire Chief's duty to maintain management <br /> control over the Department to ensure adequate staffing for daily operations and emergency <br /> situations. <br /> C. Payment for Union Leave <br /> When bargaining unit employees receive the appropriate approval to be absent from their <br /> scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering <br /> the open shifts(s) shall be made at the employee's applicable regular or overtime rate on an hour- <br /> for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall <br /> receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts <br /> for employees absent on union leave and employees absent on union leave shall code their time <br /> cards accordingly. <br /> D. Indemnification <br /> 1. The City will administer the Union Leave Bank in the manner believed to be consistent with <br /> all applicable laws governing the taxation of the donated hours. The City takes no <br /> responsibility should the IRS or any other governing agency prescribe a different interpretation <br /> of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the <br /> Union and its members. As such,the Union will indemnify and defend the City against any tax <br /> claims that arise in whole or in part from its administration of the Union Leave Bank,including <br /> reasonable attorney fees. <br /> 2. The City assumes no responsibility for how union time is utilized. Time spent on union leave <br /> is not considered work time for purpose of worker's compensation or any other purpose. The <br /> 22 <br />