AGREEMENT BETWEEN

SAN DIEGO TROLLEY, INC.

AND

INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS, LOCAL UNION 465

THIS AMENDED AGREEMENT is entered into this 9th day of August 25, 2006, between SAN DIEGO TROLLEY, INC., hereinafter referred to as “Employer,” and LOCAL UNION NO. 465 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL‑CIO, hereinafter referred to as “Union,” covering the classifications of employees specified in Article 2.

ARTICLE 1

PREAMBLE

The parties agree that this Agreement creates no rights or obligations other than those enumerated herein.

ARTICLE 2

UNION RECOGNITION

The Employer recognizes the Union as the sole and exclusive collective bargaining representative for employees in the following classifications: LRV Electromechanic, MOW Electromechanic, LRV Lineman, MOW Lineman, LRV Assistant Lineman, MOW Assistant Lineman, Revenue Maintainer I, Revenue Maintainer II, Revenue Maintainer III, Ridership Surveyor, Serviceperson, Storekeeper, Track Serviceperson, Revenue Processor/Collector, Data Entry Clerk, Train Operator, Station Attendant, Clerk/Typist, but excluding all other positions not specifically enumerated above.

The Employer also agrees to recognize the Union as the sole and exclusive collective bargaining representative for any new bargaining unit positions created during the term of this Agreement. When a new classification is added, the Employer will notify the Union within five (5) working days.

When a bargaining unit member is working outside the bargaining unit, he/she shall not perform a dual role of bargaining unit member and non-bargaining unit member. The Employer will not work a bargaining unit member in a non-bargaining unit position for more than 50 consecutive workdays, absent written agreement from the Union. Bargaining unit members working as auxiliary supervisors will wear clothing designating the employee as a supervisor.

ARTICLE 3

AGENCY SHOP

A. Membership in the Union is not compulsory. Employees have the right to join, not to join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any pressure on, nor discriminate against, any employee as regards such matters.

B. Actual membership in the Union is separate, apart and distinct from the assumption by an employee of his/her obligation to financially support the Union from which he/she receives representation rights and benefits. The Union is required to represent all employees in the bargaining unit fairly and equally without regard as to whether or not an employee is a member of the Union. The terms of this Agreement have been made for all of the employees in the bargaining unit and not only for members of the Union; and this Agreement has been executed by the Employer. Accordingly, it is fair that each employee in the bargaining unit pay his/her own way and assume his/her fair share of the obligation along with the grant of equal benefits.

C. In accordance with the policy set forth under subparagraphs A and B above, all regular full‑time and part‑time employees shall, as a condition of employment, pay to the Union, the employees’ exclusive bargaining agent and representative, an amount of money equal to that paid by other employees in the bargaining unit who are members of the Union, which shall be limited to an amount of money equal to the Union’s regular and usual membership dues. Such payments shall commence 31 days following the date the employee commences work with the Employer.

D. Dues Checkoff. Employer agrees to deduct from the pay of each employee covered by the terms of this Agreement, who authorizes in writing and maintains such authorization with Employer for such deductions, all Union dues as may be established by the Union against such member. Employer shall remit such deductions once each month to the Union Financial Secretary. Union will indemnify and hold Employer harmless from any claims, suits, grievances, attorneys’ fees, or any other form of liability as a result of making payroll deductions for membership dues.

E. Delinquency. The Union shall periodically notify the Employer’s personnel administrator (or designee) in writing of the names of employees who have failed to comply with this article. This notification shall advise the Employer of the specific nature of the employee’s failure to comply with this article. The notification will further state that the employee has no valid excuse (e.g., the employee is in bankruptcy) for nonpayment of the dues and that the Union believes that there is no legal reason which relieves the employee of his/her obligation to pay the dues. A copy of this notification shall be sent to the employee by the Union.

Thereafter, the Employer shall send a “Notice of Intent to Terminate” to the employee in question, advising the employee that he/she will be terminated for non‑payment of union dues.

If, at the time of the termination hearing, the employee is unable to verify that he/she has complied with this article, the employee shall be discharged for non‑compliance with this article.

F. Indemnification. Union will indemnify and hold Employer harmless from any claims, grievances, suits or any other form of liability, including reasonable attorneys’ fees, arbitration fees and costs, arbitrator fees, court costs, court reporter fees, and any other expenses connected with dismissal of an employee, for which the Employer could otherwise be held responsible, including any monetary damages which may be awarded against the Employer, as a result of terminating an employee pursuant to this article. The Union shall pay the above‑listed costs and damages incurred by the Employer immediately upon presentation by the Employer of evidence of such costs and damages to the Union. The Employer shall not incur costs or fees unnecessarily.

ARTICLE 4

SENIORITY

A. Layoffs. If it becomes necessary through lack of work or funds or for other reasons to reduce the number of employees for more than five (5) workdays, layoffs shall be effected within job classifications. The order of layoff shall be based on seniority within job classifications.

B. Bumping Rights. An employee laid off from his/her present job classification may bump into the next lowest job classification in his/her department in which the employee has greatest company‑wide seniority, provided he/she is capable of performing all of the jobs in the lower classification. The employee may continue to bump into lower classifications, under the conditions set forth above, to avoid layoff.

C. Layoff in Lieu of Bumping. An employee who elects layoff in lieu of bumping maintains the reemployment rights set forth below.

D. Reemployment Rights. Laid off persons are eligible for reemployment in the job classification from which laid off for up to 12 months and shall be offered reemployment in the reverse order of layoff prior to the hiring of new employees to fill these positions.

E. Posting of Seniority Lists. Employer will maintain and post accurate seniority lists. When events cause changes to the seniority list, the Company will promptly post a new seniority list for the affected department, providing same to the Union. The Union shall have five (5) working days from each such posting within which to challenge said list. If no such challenge is made within this period, then the list shall conclusively be deemed to be correct.

F. Termination of Seniority and Employment. Employee’s seniority and employment shall be terminated by:

(1) Resignation;

(2) Discharge;

(3) Failure to appear for work for five (5) consecutive workdays without calling the Employer;

(4) 12 consecutive months on layoff;

(5) 12 consecutive months of leave of absence which is not due to industrial injury. This provision does not apply to authorized leaves of absence for Union business.

G. Seniority Within classification. Effective upon the signing of this Agreement, when more than one employee has the same seniority in a classification, the senior employee shall be determined by which employee has the greater seniority with the Company based on the hire date as a regular employee. When more than one employee has the same Company seniority, the senior employee shall be determined by those employees drawing a seniority number by lot.

ARTICLE 5

GRIEVANCE AND ARBITRATION PROCEDURE

A. General Rules.

(1) A grievance is a disagreement concerning the interpretation or application of the terms of this contract. The Employer and the Union encourage the settlement of disagreements informally at the employee‑supervisor level.

(2) The grievant may, but is not required to, be present at all steps of the grievance procedure. An aggrieved employee shall have the right to be represented by a Union representative at any step of the grievance procedure.

(3) Failure by the Employer at any step of this procedure to communicate the Employer’s decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step of the procedure.

(4) Suspension: The Employer will make its best effort to schedule a suspension within 30 working days of issuance, depending on operational needs. In no event will suspensions be scheduled after 90 working days from issuance. If a suspension has not been scheduled within 90 working days, the infraction and the suspension will be noted in the employee’s file as time served.

B. Grievance Procedure.

(1) Step 1. After a dispute arises, the grievant and his/her immediate supervisor/superintendent will meet and attempt to informally resolve the grievance. The grievant may elect to bypass Step 1 and go directly to Step 2.

(2) Step 2. A grievance concerning matters other than a discharge shall be filed in writing by the grievant or Union with the Vice President of Operations or Director of Human Resources and Labor Relations or his/her designee within 10 working days of the event which forms the basis of the grievance. In the case of a grievance of a continuing nature, the grievance must be filed within 10 working days of the date the grievant or Union knew or should have known of the events upon which the grievance is based. A grievance concerning discharge shall begin at Step 2 of this procedure and must be filed within five (5) working days after the date of discharge, except where the employee is notified via certified mail, in which case he/she shall have 10 days from the certified mailing date of written notification of discharge.

(3) Step 3. The Vice President of Operations or Director of Human Resources and Labor Relations or his/her designee, shall meet with the grievant and Union representative within 15 working days after the submission of the grievance.

(4) Step 6. If the Union is not satisfied with the decision of the Vice President of Operations or Director of Human Resources and Labor Relations or his/her designee, the original grievance may be submitted to mediation upon the mutual written consent of the Employer and Union within 15 working days after the date of the decision.

(5) Step 7. If either party is not satisfied with the decision of the mediator, the original grievance may be submitted to arbitration upon written request within 15 working days after the date of decision. If the parties do not agree to mutually request mediation, as provided for in step 6, the original grievance may be submitted to arbitration upon written request by the Union within 15 working days after the decision of the President-General Manager or within 15 working days after the Employer rejects mediation, whichever is later.

C. Mediation Procedure.

(1) Use of the mediation procedure shall occur only upon the mutual written consent of the Employer and Union. The issue(s) to be submitted to mediation shall be limited to those set forth and defined in the original grievance, and the mediator’s authority shall be limited to the determination of the issue(s) thus set forth.

(2) The mediation shall be held before an impartial agency jointly selected by the parties, such as the federal or state mediation and conciliation service.

(3) The mediation shall be conducted as an informal proceeding, but both parties may call witnesses to testify to events and submit documents to the mediator in support of their respective positions.

(4) After hearing the evidence, the mediator shall issue a decision sustaining or denying the grievance. This decision may be made the day of the hearing or within five (5) working days thereafter, where appropriate. The decision of the mediator shall not be binding on the parties.

(5) In order to reduce expenses associated with mediation, the parties agree that neither shall be allowed to have attorneys or counselors present at the mediation hearing.

(6) Employer agrees to contact the Union to schedule a mediation hearing within 45 days of a written request to do so by the Union.

D. Time Limits.

(1) For the purpose of Article 5 of this Agreement, “working days” means Monday through Friday, exclusive of holidays.

(2) A grievance not filed in writing with Employer within the time limits set forth in paragraph B will be forever barred. Failure by the grievant or Union to proceed to the next step in this procedure within the applicable time limit shall be deemed an abandonment of the grievance and the grievance shall be forever barred.

(3) The Employer and Union may waive the time limits set forth in Article 5 only by mutual agreement confirmed in writing by either party and timely sent to the other party. Such agreements will be dealt with on a case‑by‑case basis, without creating any precedent for future cases.

E. Elements of a Grievance. A grievance shall not be recognized under Article 5 unless it is in writing, presented to the Employer in a timely fashion as set forth above, and contains:

(1) a precise statement of the facts giving rise to the grievance;

(2) the specific contract provision(s) allegedly violated;

(3) a statement of how the facts indicate that the contract was violated; and

(4) the remedy sought.

This Section shall not apply to Step 1 of the Grievance Procedure (which is the informal resolution stage).

F. Arbitration Procedure.

(1) The issue(s) to be submitted to arbitration shall be limited to those set forth and defined in the original grievance, and the arbitrator’s authority shall be limited to the determination of the issue(s) thus set forth.

(2) The arbitration shall be held before an impartial arbitrator jointly selected by the Employer and Union. If the parties are unable to agree on an arbitrator, a list of seven (7) arbitrators shall be obtained from an appropriate agency and the parties shall alternatively strike names from the list until only one arbitrator remains who shall hear the grievance.

(3) As soon as reasonably possible after the arbitrator is selected, a hearing shall be held before the arbitrator. The arbitrator shall issue an award in writing pertaining only to the issues submitted to arbitration. The award of the arbitrator shall be final and binding on all parties.

G. Expenses. Each party shall be responsible for any expense incurred in connection with the presentation of its case in the grievance procedure, mediation and arbitration. The compensation of any witness called before a mediation or arbitration hearing shall be borne by the party calling the witness. All general expenses of mediation and arbitration, including that of the mediator or arbitrator, the place of hearing, transcripts of the record and the like shall be borne equally by the parties.

ARTICLE 6

GENERAL PROVISIONS

A. Rules and Regulations. The Union recognizes that the Employer may, from time to time, promulgate rules and regulations for the management of the business and the direction of its working force.

B. Just Cause. No employee may be disciplined or discharged without just cause.

C. Bulletin Boards. The Employer will provide one (1) bulletin board in each of its buildings. The Union agrees not to post controversial or political material and to remove dated material in a timely manner.

D. Employees to Advance Welfare of Employer. The Union agrees for its members (who are employees of the Employer) that they will individually and collectively perform loyal and efficient work and service, that they will use their best efforts to protect the property of the Employer, and that they will cooperate in promoting and advancing the welfare of the Company and the protection of its service to the public at all times. The Employer will cooperate with the Union in its efforts to promote harmony and efficiency among the employees.

E. Conflict With Applicable Laws. If during the term of this Agreement, mandatory laws applicable to and in conflict with any of the provisions herein shall become effective and thereafter govern the parties with respect to such conflicting provisions, this Agreement shall be subject to modifications by mutual agreement of the parties hereto, only in regard to the provisions which conflict.

F. Job Rotation Study. The Employer will evaluate the feasibility and effectiveness of rotating Maintenance, Revenue, MOW and Facilities employees between different functional areas. If an employee from Maintenance, Revenue, MOW or Facilities expresses their interest in writing to their supervisor, the Employer will try to place them in another assignment depending on SDTI’s operational needs.

ARTICLE 7

UNION BUSINESS

A. Union Access. Non-employee Union representatives and employee Union representatives will be permitted access to the Employer’s facilities for the purpose of conducting Union business. Such visitations shall be limited to official Union business and shall not be used for social interaction or any other purpose not directly related to the Union business giving rise to the visit. Union representatives will make every effort to provide reasonable advance notice of visits to a representative designated by the Employer. If reasonably possible, a Union representative will also notify a supervisor in the department or area where he/she intends to visit of his/her presence on the property.

The Union will be allowed to conduct an orientation session at the Employer’s facilities for each new class of employees. The orientation session will be conducted during the initial employee training period, at a time scheduled by the Employer. The Union’s orientation session shall be limited to one-half hour, and the purpose is to discuss Union business with the employees. The Union agrees this meeting will not be used to disparage or criticize the Employer, but rather to educate new employees as to the purpose and function of the Union.

B. No Interruption of Work. Union agrees that it will not in any way interrupt or delay employees during work periods or interfere with the Employer’s business by such visits.

C. No Pay for Union Business. The Employer will not pay wages to Employee Union representatives when they are conducting Union business including processing grievances and negotiating labor contracts. Such Union representatives shall not lose entitlement to fringe benefits for the time spent on such Union business so long as it does not require a leave of absence.

D. Union Contributions. The Employer hereby agrees to honor contribution deduction authorizations from its employees who are Union members in the following form:

I hereby authorize the Employer to deduct from my pay the sum of one‑fourth cent (1/4) for each straight time hour paid and to forward that amount monthly to the International Brotherhood of Electrical Workers, AFL‑CIO, Committee on Political Education, 1125 Fifteenth Street, N.W., Washington, D.C. 20005. This authorization is signed voluntarily and with the understanding that the IBEW‑COPE will use the money to make political contributions and expenditures in connection with federal, state, and local elections and that this voluntary authorization is in response to a joint fund raising effort by the IBEW and the AFL‑CIO.

The Union will indemnify and hold the Employer harmless from any claims, suits, or any other form of liability as a result of making the payroll deductions described above.

E. Shop Stewards. The Union may designate Shop Stewards as necessary. The Union will notify the company in writing of the appointment or removal of such stewards. Employees, acting in the capacity of Shop Stewards, will not interrupt or delay other employees during work periods or otherwise interfere with the Employer’s business. If a Shop Steward must be absent during any work period, he/she must first obtain permission to be absent from his/her supervisor. Such permission shall not be unreasonably denied. Employees will not be compensated by the Employer while acting in the capacity of a Shop Steward.

F. Release Time. Employees who are Union representatives and/or Shop Stewards shall be granted a reasonable amount of release time from work in order to conduct Union business including, but not limited to, attending grievance meetings, negotiating labor contracts and attending Union‑related conferences and meetings. Employee Union representatives and Shop Stewards must obtain permission from their supervisor for such release time. Such permission shall not be unreasonably denied. Employee Union representatives and Shop Stewards shall not be compensated by the Employer during such release times.

G. Leaves of Absence for Union Business. Employee Union representatives and/or Shop Stewards shall be granted reasonable leaves of absence for Union business. Employee Union representatives and Shop Stewards must obtain permission from the Employer for such a leave of absence. Employees seeking such a leave of absence shall submit their request in writing to a designated representative of the Employer, as soon as reasonably possible prior to the leave. Such permission shall not be unreasonably denied.

Leaves of absence for Union business shall be without pay. An employee on leave of absence for Union business shall be returned to the same or a similar position with the Employer, provided that such position exists, the Employer has an opening for an employee in such position, and the employee is qualified to perform the duties of such position. The Employer shall not apply the terms of this paragraph in a discriminatory manner.

H. Fringe Benefits While on Leave of Absence for Union Business. Employees on a leave of absence for Union business over 30 calendar days will, on the thirty‑first day of leave of absence, stop receiving Employer‑paid benefits. For health, dental and life insurance premiums, the Employer’s obligation to pay the premium shall end after making one (1) monthly payment beyond the date the leave of absence began. Thereafter, it shall be the employee’s obligation to pay the necessary premiums in order to maintain insurance coverage for that employee and his/her dependents.

Any employee on such a leave of absence over 30 days will stop his/her wage progression (step increases) through the compensation schedule, and will lose one‑twelfth of his/her vacation for each month of work missed after the first 30 days of leave. Such employees on leaves of absence over 30 days are not entitled to jury duty pay during any period of absence beyond that time. Such employees on leaves of absence are not entitled to holiday pay for any holiday occurring during the leave.

Employees on such leaves over 30 calendar days will retain their classification and company seniority, but will not accrue any benefits (such as vacation or holidays) during their period of absence.

ARTICLE 8

DEFINITIONS

A. The parties agree that the term “employee” wherever used in this contract, whether singular or plural, means and implies only those employees of Employer included within the bargaining unit as defined in Article 2 of this contract, and that this contract shall be limited only to said employees. Words used in this contract in the masculine or feminine gender shall include the other gender.

B. “Hire Date” is the date of commencement of employment as a regular (non‑temporary) employee.

C. “Anniversary Date” is the annual date of recurrence of the employee’s hire date.

D. “Classification Date” is the date an employee enters a job classification.

E. “Continuous Service” means employment, without interruption by termination or resignation, from the original date of employment. No credit shall be given for service as a temporary employee when determining an employee’s continuous service.

F. “Immediate Family” includes only spouse, children, sister, brother, father, mother, father‑in‑law, mother‑in‑law, grandparent, or grandchild, or any of the aforementioned step or adopted relatives.

G. “Promotion” is change of classification to one in which the maximum rate of pay is higher than the maximum rate of pay in which the employee is currently employed. A promotion does not occur when an employee changes from a part‑time position to a full‑time position within the same classification and at the same contractual pay rate.

ARTICLE 9

PERSONNEL CATEGORIES AND DEFINITIONS

A. The Employer may create categories other than those enumerated below as the need arises. The Employer shall determine which employees shall be employed in each category listed below, based upon qualifications as determined by, but not limited to, job knowledge, job skill, job abilities, attendance and employment record.

Existing employees shall be entitled to bid for any new bargaining unit positions added after ratification of this agreement.

B. Definitions.

(1) “Regular Full-Time employees.” Includes maintenance and administration employees who normally work a 40 hour week on a predetermined schedule, normally eight (8) hours per day for five (5) consecutive days, and have successfully passed the probationary period. Also includes transportation employees with a predetermined schedule who have successfully passed the probationary period. The Employer will attempt to equalize scheduled hours for full‑time transportation employees so that they work as close to 40 hours per week as possible.

(2) “Regular Part-Time employees.” Those who are regularly scheduled to work less than 40 hours per week but with no minimum hours guaranteed. Employer agrees that no more than 50% of the servicepersons shall be part‑time employees. It is the intention of the Employer not to schedule part‑time employees to work more than 32 hours per week except in unusual circumstances beyond the Employer’s control or in emergencies.

Part-time train operators may bid a priority day off. Employer will not schedule the part-time train operator to work on his/her priority day off unless all other part-time train operators who do not have a priority day off are unavailable. There shall be no penalty if Employer calls a part-time train operator into work on a priority day off, so long as the Employer follows the provisions of this paragraph.

Part-time train operators may also submit an AM or PM preference to Employer, and Employer will not schedule the part-time train operator to work a shift other than his/her preference unless all other part-time train operators with a preference to work that shift are unavailable. There shall be no penalty if Employer calls a part-time train operator into work at a time that is not consistent with the employee’s AM or PM preference, so long as the Employer follows the provisions of this paragraph.

(3) “Temporary employees.”

a. “Temporary replacements.” Those employees who have been hired to perform a bargaining unit job due to a vacancy or absence of a bargaining unit member, not to exceed six (6) months, unless mutually extended by the parties. Such employees shall be compensated at the entry level rate of pay for the classification to which they are assigned. Such employees are not subject to any provisions of this Agreement, except Article 10, Sections B, C, D and E; Article 11, Sections C and D; Article 12, Sections B and C and Article 18.

b. “Temporary employee.” Those employees who have been hired to perform a job not part of the normal job duties of bargaining unit employees for a duration not to exceed six months, unless mutually extended by the parties. Such employees shall be compensated at the minimum wage, unless a different pay rate is mutually agreed to in writing by the parties. Such employees are not subject to any provisions of this Agreement, except Article 10, Sections B, C, D and E; Article 11, Sections C and D; Article 12, Sections B and C and Article 18.

c. A temporary replacement or temporary employee who applies for a regular position will be given consideration for the position prior to the company reviewing outside candidates.

d. The company agrees not to utilize the foregoing provisions to erode the bargaining unit.

(4) “Probationary employees.” The first 180 days of regular employment shall be considered a probationary period, except that the probationary period for new train operators will be 180 days after the date the train operator is qualified, rather than the date of hire. During the probationary period, an employee may be terminated without notice and without recourse through the grievance and arbitration procedure. The probationary period may be extended by mutual agreement between Employer and Union. During the first 180 days of regular employment, the employee does not accrue benefits. However, after completion of the first 180 days of regular employment, an employee’s benefits shall be deemed to have accrued from his/her hire date.

C. Employee Classifications:

Maintenance Department

(1) LRV Electromechanic

(2) MOW Electromechanic

(3) LRV Lineman

(4) MOW Lineman

(5) LRV Assistant Lineman

(6) MOW Assistant Lineman

(7) Track Serviceperson

Administration Department

(8) Revenue Maintainer III

(9) Revenue Maintainer II

(10) Revenue Maintainer I

(11) Revenue Processor/Collector

(12) Storekeeper

(13) Serviceperson

(14) Clerk/Typist

(15) Data Entry Clerk

(16) Station Attendant

(17) Ridership Surveyor

Transportation Department

(18) Train Operator

Employer reserves the right to require employees with appropriate qualifications to work outside of their classification on a temporary basis when necessary.

ARTICLE 10

QUALIFICATIONS FOR HIRING AND CONTINUED EMPLOYMENT

A. Vacancies. Vacancies shall be posted as soon as reasonably practical for at least 10 working days, and applications shall be accepted from all qualified persons. A current employee shall be given preference over other applicants, provided the current employee is equally qualified.

In the absence of an employee, the Shop Steward may bid for a vacancy on behalf of the employee.

B. Examination. As Employer may determine from time to time, examination for a vacancy may consist of any one test or a combination of tests, including written, oral, performance, physical, medical, or psychological, to evaluate the training, experience, capability, or other qualifications of the applicant for that vacancy. If the Employer requires performance test(s) in filling a vacancy, such test(s) shall be given to all applicants for the position.

C. All vacancies shall be filled by appointments from the most qualified applicants and in accordance with applicable federal and state laws. Appointments shall be in writing and shall specify position, job description, starting pay rate, and whether full‑time, part‑time or temporary.

D. Physical Examinations. Each employee shall be required to meet the medical standards established by the Employer. These standards shall be reasonably related to the performance of the job duties of the employee. At the reasonable discretion of the Employer, each employee may be scheduled and must take a physical examination upon demand by the Employer. Said examination shall be by a doctor designated by the Employer, and shall be at the Employer’s expense.

E. Drug/Alcohol Testing. The Union acknowledges that the Employer maintains a drug and alcohol policy. The Union has not agreed to any specific policy that has been or may be adopted by the Employer and reserves all future bargaining rights and its right to grieve any discipline, pursuant to Articles 5 and 6.

F. Promotions.

(1) Promotions (or advancement from part‑time to full‑time status) shall be based on qualifications as determined by but not limited to job knowledge, job skill, job abilities, attendance and employment record.

Employees in the apprenticeship program shall be given due consideration for promotion when a vacancy occurs in a higher classification within the apprenticeship program.

(2) Nothing in paragraph F(l) above shall be construed to obstruct a bona fide affirmative action plan in accordance with government regulations.

(3) If the qualifications of two or more employees are found to be equal, seniority shall be used to make the final promotional decision.

G. Trial Period. The first 30 days after an employee is awarded a position in another job classification will be considered the “assimilation” period. No employee may be removed from that new position during the assimilation period in order that the employee may develop in his/her new position.

An employee who is awarded a position in another job classification and fails to demonstrate ability to perform the work required by the job, or fails to meet the accepted work standards for the job, may be returned to that employee’s former position at any time not later than six (6) months from the date the employee was awarded the new position. During the time that the employee is in the promoted position, the employee shall receive the appropriate rate of pay for that position. An employee who elects to return to his/her former position must do so within six (6) months from date he/she was awarded the new position to maintain classification seniority in the former position. An employee who elects to return after six (6) months can do so if a vacancy exists but he/she shall lose classification seniority in the former position.

H. An employee who is promoted to a higher classification (as defined in Article 8, paragraph G) shall receive the next higher rate of pay within the new classification above that employee’s rate at the time of the promotion and shall thereafter progress at the time increments of that classification.

I. Seniority Upon Return to the Bargaining Unit.

(1) An Employee who accepts employment with the Employer which is outside of the bargaining unit shall lose the classification seniority held at the date of moving from the bargaining unit.

(2) However, an employee who accepts employment with Employer that is outside of the bargaining unit may, for a period of up to six (6) months after accepting that position, elect to return to his/her or her former classification in the bargaining unit at the discretion of the Employer and provided that a position is available. In such a case, upon return to the bargaining unit position, the employee will regain his/her or her classification seniority as held on the date of moving from the bargaining unit, provided that the employee has continued to pay his/her or her Union dues or Agency shop equivalent in accordance with Article 3, Agency Shop, of this Agreement.

(3) An employee who elects to return to the bargaining unit after six (6) months may do so, at the discretion of Employer and provided a position is available. In such a case, employee would return at the entry level of the classification from which he/she left and the date of return would become his/her seniority date within the classification.

(4) An employee who accepts employment with a different Employer shall forfeit classification seniority. Upon return to employment with the Employer, a returning employee shall attain classification seniority in the same manner as all newly hired employees.

ARTICLE 11

SCHEDULING AND BREAKS

A. Schedule Changes. No change in the scheduled workweek or the scheduled starting times of the workday shall be effective unless that employee is notified at least seven (7) calendar days in advance. Such notice is not required for overtime work. Employer will attempt to give employee as much advance notice as is feasible for scheduled overtime work.

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