From Military Service. Effective with the signing of this Agreement Fire Fighters who were serving on active military duty as members of the Armed Forces and who were eligible promotional candidates according to the rules as set out by USERRA when a Department promotional exam was offered, who did not take the exam, may apply within thirty (30) calendar days after notice by the City of their rights and obligations under this subsection upon return to the Department from active duty, to take the promotional exam given for that rank. The consulting firm who constructs the promotional exam given for each applicable rank will as part of the exam create an “A” and “B” exam for each test. Each test will be similar in construction and material covered. Fire Fighters covered by this section will be offered the ability to take the “B” test on their return and after being given the same amount of study time as officer who took, the original “A” exam. If the Fire Fighter’s score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the Fire Fighter must be promoted to the next available vacancy in that rank. Seniority in rank and retroactive back pay owed will be established as of the date the Fire Fighter would have been promoted based on the score made at the time, as if s/he had not been on active military service. This provision is intended to comply with requirements of the Federal Uniformed Services Employment and Reemployed Rights Act (USERRA), and to supersede the terms of Section 143.032(b) of the Texas Local Government Code.
From Military Service. SEC. 1. Any permanent employee who enters upon active duty or active duty for training in the armed forces of the United States and who, under Federal Law, is entitled to reinstatement upon release from such service, shall be reinstated in accordance with the provisions of the law. If the employee is not returned to the exact position held prior to entrance into the armed forces, the Manager will confer with the Union in advance before assigning such employee to another position.
