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31.1 Hazardous Materials Staffing and Assignments <br /> • <br /> A. The parties have agreed to maintain the"Company"concept of the Haz-Mat team(i.e.Captain, <br /> Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz-Mat team <br /> members per shift is five (5). Four(4) of the team members (Haz-Mat Captain, Engineer, <br /> Firefighter/Paramedic and Firefighter)are assigned to the designated Haz-Mat station.The fifth <br /> team member,determined by Department seniority,is not rank specific and may be assigned to <br /> the Haz-Mat station based on organizational need using the bid process whenever possible. <br /> B. The four(4)team member positions(Haz-Mat Captain, Engineer, Firefighter/Paramedic,and <br /> Firefighter)at the designated Haz-Mat Station will only be filled and back-filled by Haz-Mat <br /> Team members or individuals holding the appropriate Haz-Mat certification. <br /> C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific <br /> topics are included in the Department's Haz-Mat program policy. <br /> 31.2 Compensation <br /> Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent(5%) <br /> above their respective base rates of pay,subject to MOU Section 5.1. <br /> 31.3 Withdrawal Process <br /> A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz-Mat <br /> program following one(1)year of Haz-Mat service and with the approval of the Fire Chief.Withdrawal <br /> from the Haz-Mat program is governed by the Department's Haz-Mat program policy. <br /> Section 32. Rar2aining IN ai'Cr and Separability of Provisions <br /> except as provided in this MOU each party to this agreement voluntarily waives its right to ne otiate {Formatted:Font:Not Bold,No underline <br /> during the term of this agreement kith respect to an matter expressly covered by this MOU or proposed <br /> by that same party during the negotiations leading to this MOU. <br /> Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative <br /> enactment,state regulation or by a court of competent jurisdiction only that provision of the MOU shall <br /> be null and void,and all other provisions of the MOU shall not be affected and shall remain in full force <br /> and effect. <br /> 44 <br />