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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