Collective Bargaining Agreement
Between
UTU Local 161
And
Evergreen Trails, Inc. d/b/a
Gray Line of
Through
Table of Contents
Article 5 – UNION REPRESENTATION
Article 6 – NO STRIKE OR LOCK OUT
Article 7 - Employment, Job Classifications, Non-discrimination, and
Probation
Article 9 – WORK ASSIGNMENTS, BIDS AND REQUESTS
Article 10 – REDUCTION IN WORK FORCE
Article 11 – GRIEVANCE PROCEDURE
Article 14 – LEAVES OF ABSENCE
Article 15 – UNIFORMS, PHYSICAL EXAMS, AND TOOLS. 25
Article 16 – SPECIAL STIPULATIONS
Article 19 – RETIREMENT SAVINGS PLAN
Article 20 – WAGES AND RATES OF PAY
Article 21 – SAFETY CONDITIONS
Article 22 – UNION MANAGEMENT COMMITTEE
Article 24 – COMPLETE AGREEMENT
Article 25 – DURATION OF AGREEMENT
1.01 It is the intent and purpose of
the parties to this Agreement, which has been negotiated and entered into in
good faith:
a.
To
recognize mutually the respective rights, responsibilities and functions of the
parties hereto;
b.
To
provide and maintain working conditions, hours of work, wage rates and benefits
set forth herein;
c.
To
establish an equitable system for the promotion, transfer, furlough and recall
of employees;
d.
To
establish a just and prompt procedure for the disposition of grievances;
e.
And
generally, through the full and fair administration of all the terms and
provisions contained herein, to develop and achieve a relationship among the
2.01 All Employer’s rights and functions, except those
which are clearly and expressly limited in this Agreement, shall remain vested
exclusively with the Employer, including:
a.
The right to determine
the work to be done by the employees covered by this Agreement;
b.
The methods, process and
means of performing any and all work, control of the operations and the
composition, assignment, direction and the determination of the size of its
working forces;
c.
The right to change or
introduce new or improved operations, methods, means or facilities;
d.
The right to hire,
schedule, appraise performance, promote, demote, transfer, and furlough
employees; and the right to suspend, discipline and discharge employees for
cause and to maintain an orderly, effective and efficient operation, including
promulgating and posting reasonable work rules.
e.
It is the right of the
Employer to enter into written Agreement with an employee to allow for payroll
deduction for reimbursement of expense advances provided to the employee, cash
shortages where only one employee is responsible, or in accordance with the
Safety Incentive Program. Employees will not be penalized for refusing to sign
such Agreement.
f.
Employer may, at its
discretion, subcontract maintenance, mechanical or cleaning work, which the
Employer determines to be above the Employer’s then current capabilities. Such
subcontracting shall be a means of supplementing the existing shop staff. Prior
to subcontracting, the Employer shall meet with the
3.01 The Employer recognizes the United Transportation Union (“
3.02 Employees who are covered under
this Agreement and subject to the terms and conditions included herein are all employees employed in the classifications, Full-Time
Mechanics, Service Employees, Coach
Cleaners and all Drivers as further defined in this Agreement. Any employee not within these classifications
shall not be covered by this collective bargaining agreement. Likewise, no employee of another company is
covered by this Agreement.
3.03 There
shall be no revision, amendment or alteration of the bargaining unit as defined
herein, or of any of the terms and provisions of the Agreement, except by
mutual agreement in writing of the parties. Without limiting the generality of
the foregoing, no classification of work or jobs may be removed from the
bargaining unit except by mutual agreement in writing of the parties.
4.01 Membership
All employees covered under this
Agreement who are presently members of the
4.02 Mechanics, Service Employees and Coach Cleaners
All employees added to the job
classifications of Mechanic, Service Employees, and Coach Cleaners, and covered
by this Agreement shall, within the first ninety-first (91) days in these
classifications, apply for membership in the
4.03 Drivers
All Drivers added to the job
classification covered by this Agreement shall apply for membership in the
4.04 The Employer shall make advance
monthly payroll deductions of the UTU dues, assessments, and insurance premiums
from the earnings of each individual employee who has, in writing, authorized
the Employer to make such deductions in the employee’s behalf. The Treasurer of the UTU Local (or other
authorized UTU representative) shall submit, in duplicate form, on or before
the 14th day of each month, a request for dues deductions that shall
be made from earnings accumulated for the payroll period from the first (1st)
through the fifteenth (15th) of each month. The total amount due shall be remitted to the
UTU with a copy of the request on or before the 25th day of each
month. The
4.05 The Employer shall notify the UTU of the employment, transfer, resignation, termination or change of duty status of an individual into a job classification covered under this Agreement within fourteen (14) calendar days of such action. In the case of new or rehired employees only, such notification shall include the name, mailing address, phone number and classification of the new employees who have begun service.
5.01 For the purpose of representation
with the Employer, the
The Union has the right to appoint
officers of the
5.02 Officers will not absent themselves from their work to deal with grievances without first obtaining permission of the Employer. Permission will not be withheld unreasonably.
5.03 There shall be no Union activity on Employer’s time or premises except as otherwise authorized by the Employer.
5.04 Leaves of absence for Officers of the
Union – The Employer agrees that upon five (5) days written request, officers
of the
6.01 During the term of this Agreement and while any negotiations for a
future Agreement are being held and which have not reached impasse, The Union
will not permit or encourage any strike, slowdown, or any stoppage of work or
otherwise restrict or interfere with the Employer’s operation through Employees
covered by this Agreement. This prohibition specifically includes, but is not
limited to, sympathy strikes and refusals to cross picket lines at locations of
employers not parties to this Agreement.
6.02 The Employer agrees that during the term of this
Agreement and during any negotiations for a future Agreement are being held and
which have not reached impasse, it will not engage in any lockout of its Union
Employees.
6.03 a. In the event of a strike in which an
Employee is expected to cross a picket line, the
b. The Employer will provide Union officials all operational
information pertaining to moves into or out of areas of known labor actions,
seventy-two (72) hours prior to departure, or upon receipt of booking.
6.04 As outlined in Safety Conditions (Article 21 herein) drivers who have reasonable cause to believe they are in imminent danger due to a work stoppage, shall drive to a safe point and contact dispatch immediately for instructions. If it is found that the driver failed to perform their duties or leaves the location of concern and does not make contact with the Employer’s dispatch office within reasonable amount of time; said driver may be subject to progressive discipline. Any damage to an Employer vehicle, passengers, or crew resulting from passage through pickets shall not be the responsibility of said driver, or the United Transportation Union, its officers or affiliate.
7.01 Drivers:
To succeed in business, the Employer must employ and
develop Drivers who are fully qualified to perform all driving assignments in
areas served by the Employer. Assignments include, but are not limited to,
driving duties, luggage handling, narration, passenger management and all other
duties connected with customer service.
Therefore the Employer will maintain driver seniority
lists on the following category of drivers:
Full-Time Available Drivers 1200 or more hours per year
Part-Time Available Drivers 501 to 1199 hours of availability per year
Part-Time/Casual Available Drivers 500 hours of availability per year
Probationary Drivers First
500 accrued hours
There will be mandatory and optional certifications of
which each classification must meet to move to next classification or category
of driver.
Full Time =
1200 + hours per year
Mandatory Certifications = Small vehicles, 102/9, Adverse,
For Open Board Drivers
Optional Certifications = Narration, D/D
Part-Time Available =
501 to 1199 hours per year
Mandatory Certifications = Same as Probationary
Optional Certifications = Park, Narration, D/D,
Premium
Part-Time/Casual =
500 or less hours per years.
Mandatory Certifications = Small vehicles, 102/9, adverse
Optional Certifications = Park, Narration, D/D
Probationary =
1st 500 accrued hours
Mandatory Certifications = Small vehicles, 102/9, adverse
Optional Certifications = Park, Narration, D/D
To obtain full time available status, part time available
drivers must work a minimum of 1200 hours in the preceding twelve (12) month
period and fulfill all other certifications as noted in 7.01 (b).
Drivers with 3000 or more lifetime hours shall be secure
in their classification and pay scale. See schedule A.
*Usable
is defined as available hours during our peak demand times based on flows of
business and seasonality.
7.02 SHOP
EMPLOYEES
Shop employees covered under this Agreement include all
Mechanics, Service Persons, and Coach Cleaners.
Maintenance classifications and Schedule B shall be
administered and reported as follows: Twice each year, during the periods March
1 – 31 and October 1 – 31, Maintenance employees may submit Schedule B’s for
review by the Maintenance Manager. The Maintenance Manager will review the
schedules, the progress made to date, and complete assessments as required
during the period. If the employee successfully completes the requirements for
the upgrade, the pay change, if any, will take effect no later than thirty (30)
days following the conclusion of the assessment period. The
Coach
Cleaners are not required to have a CDL with Class B endorsement
7.03 Company Rules:
All employees, covered by this
agreement, shall be governed by company working rules and conditions; these
rules and conditions shall not conflict with the Agreement.
The employer will issue the
drivers handbook to all new/re-hired employees and display a copy of the
handbook at the dispatch office.
Notification by posting on the
company rules bulletin board and providing a copy of any new policies and
procedures to the Union Chair will occur prior to implementation.
The Employer agrees in the event
of breach by an employee of its written rules or regulations, that it will
render discipline as speedily as proper investigation of the case will permit.
A copy of the reprimand will be given to the Union representative who will
acknowledge receipt of same. Written reprimands, three or more years old, will
not be used for the purpose of progressive discipline, but shall remain a
permanent part of the employee’s personnel record.
7.04 Discipline:
No employee shall be disciplined without justifiable
cause. If a meeting between employee and employer occurs, which may be
disciplinary, the employee may request immediate Union representation.
Progressive Discipline is defined
as:
first offense –
verbal warning (in written form)
second offense –
written warning,
third offense –
suspension,
fourth offense –
termination.
7.05 Discharge:
An employee will not be dismissed from the service of the
Employer without just cause; however, the employee has the right to appeal any
action, as provided by these rules, in the event he/she considers the removal
from service to be without just cause.
7.06 Non-Discrimination:
It is agreed that neither the Employer nor the U.T.U.
shall discriminate against any employee with respect to, but not limited to:
race, creed, color, religion, national origin, sex, age, marital status, sexual
orientation, veteran status, or mental, sensory, or physical ability.
8.01 Seniority Status:
The right to work an assignment
of all drivers covered by this Agreement will be governed by the placement on
the seniority roster posted by the Company.
a. Full
Time Drivers:
The seniority placement for Full
Time Drivers shall be determined on the date full time status is obtained.
b. Part
Time Drivers:
The seniority date of a Part
Time Available or Part Time Casual Driver will be the first day of work in
revenue service.
c.
Shop Employees: (Mechanics, Service Persons,
Coach Cleaners)
The Employer will add shop
employees to the full time roster after six (6) months of continuous employment
averaging thirty-two (32) hours per week of employment.
8.02 Seniority Rosters:
The Employer shall provide the
The seniority of the driver will
be based on their in-revenue or production date. If two or more employees begin work on the
same day, seniority will be determined by month and day of birth (i.e., 6/13
senior to 7/25).
8.03 Loss of
Seniority:
Seniority rights shall cease for
an employee who:
a.
Voluntarily terminated his/her employment
(resign/retire)
b.
Is discharged and such discharge is not grieved or
reversed through the grievance procedure.
c.
Fails to report on the 1st day following
the expiration of a leave of absence, except by mutual agreement (Reference
Article 14.07);
d.
Is furloughed for a continuous period of more than
six (6) consecutive months (Reference Article 10).
e.
Fails to meet/maintain hours of
service/certification (Reference Article 7.01).
f.
Fails to express intent to work from their last day
of work and/or does not have compensable hours for a period of six (6)
consecutive months. (Reference Article 10)
g.
Is employed with another employer other than the
Employer during approved leave.
8.04 Transfer:
Employees who are transferred,
through personal request or Employer request, to any non-bargaining unit position
within Transportation Management Services, LLC., (TMS) shall be permitted to
return to the position held prior to the transfer, with no loss of and with
accrual of seniority, provided that such return occurs within 180 calendar days
of the initial transfer unless the Union and Employer agree in writing to an
extension of the 180 calendar day time period.
Employees who do not return to the position they held prior to the
transfer within the above time period shall lose all seniority under this Agreement.
9.01 Work
Assignments:
The Employer will assign Drivers
based on established seniority as outlined in Article 7 – 7.01. No revenue moves will be performed by
non-drivers when any driver covered by this Agreement is available. To this end, the Employer will make its best
effort to locate a driver who can be made available within the time frame
specified by the customer without adversely affecting service. Exceptions may be made in the event of
mechanical failures or collisions.
To ensure all drivers are
qualified the mandatory/optional certifications as outlined in Article 7 must
be met. Demonstration of such
certifications/qualifications may involve road tests in which driving, routing
and narration are considered. Mentoring
on specific assignments is to be considered a part of the process. The Operations Manager or his/her designee
will review all other relevant qualification factors. A driver must be qualified for a bid
assignment prior to the bid being awarded.
1.
All classifications may choose to qualify
for the optional certifications, however mandatory certifications as outlined
in Article 7 – 7.01 b must be completed to advance to the next classification
and applicable rate scale as outlined in Schedule A. During each bid cycle, full and part time
available drivers only may declare their preference to not perform certain
identified types of work, not to exceed 20% of the preference lists. The Employer will make its best effort to
incorporate these preferences into the work assignments.
2. Driver’s will declare preference for eight (8) or ten (10) hour call
backs apart from preference list above.
The Employer will make its best effort to incorporate this preference
into the work assignments.
d. Workweek/Work Day:
The work week is defined as
Saturday though Friday. The work day
begins when the Driver reports for duty and ends when they are relieved from
duty, or when the coach is delivered to the designated place and the Driver is
relieved.
e. Availability:
1.
Full Time Available Drivers are assumed to be
available for all work during the workweek.
2.
Part Time Available/Part Time Casual and Probationary
Drivers are available based on their submission of availability at a minimum as
defined in Article 7 - 7.01 d. Such
submission must be complete and submitted no later than close of business five
(5) days prior to the commencement of the workweek (On or before Monday for the
workweek beginning on Saturday). Any
change of commitment that reduces a driver’s availability requires at least
seventy-two (72) hours written notice.
If a driver refuses an assignment, having declared their availability or
fails to submit availability in a timely manner, said driver may be subject to
progressive discipline.
3.
All drivers are required to call in for their next
day assignment by no later than 1300 hours each day proceeding the day of
performance. Failure by the Driver to
make direct contact for the purpose of receiving their assignment will result
in progressive discipline issued.
f. Open Board Assignments:
1.
Drivers will receive their daily assignment on the
day prior to the day in which the work
is to be performed April through September and for the period of October
through March assignments will be made two (2) days prior to the day in which
the work is to be performed.
2.
All open board drivers will be assigned on a daily basis
by seniority, qualification and preference up to 40 hours in a workweek.
3.
Once a driver has reached the range of 38-43 hours,
(
4.
Drivers may not refuse hours within the
5.
In the event of cancellation or early release, the
dispatch office will make its best effort to supplement/replace those hours as
unassigned work is available. In the
event that a move runs long, precluding a driver from working his/her next assignment,
adjustments will be made to accommodate customer needs. Where possible, unassigned work will be
assigned by seniority to the driver(s) affected by the loss of work. If any move is cancelled after having been
assigned in accordance with the above procedures, the affected driver(s) will
not be allowed to bump another driver.
6.
For the purpose of assignments only, a one-way
cruise transfer move to and from
7.
All full time non-bid drivers shall be entitled to
bid two (2) days off during each workweek, but may be impacted by the
requirements in Article 9. Drivers
failing to bid days off or failing to bid sufficient choices shall be assigned
days off. The Employer shall select the
particular days, which shall be available for bid and shall post said days for
bid at the same time and in the same manner as bids under Section 9.
g. Bid Board Assignments:
All new
scheduled work or vacated bids will be posted in written format and open to all
drivers for bidding. Bid work shall be
deemed as all GLS products and all contract work that occurs on a consistent
weekly basis during the bid period.
1.
Bids will be posted at least four (4) times a year
or as determined by the Operations Manager or his/her designee.
2.
Bid Drivers will be authorized to select work between
32 to 40 hours.
3.
A driver must be qualified for a bid assignment
prior to the bid being awarded.
4.
Bid work will be available to all qualified drivers
in seniority order beginning with full time drivers.
5.
Bid work will be posted for a minimum of five (5)
days and shall close not less than three (3) days prior to implementation.
6.
Customer requests shall not qualify a driver for
any bid other than ski charter.
7.
Bidding will commence on specified times and dates,
not bidding at those pre-determined times/dates shall result in forfeiture of
bidding privilege or place said driver at the bottom of all other respective
rosters.
8.
Where it can be determined that a bid driver(s)
will be on an approved absence for ten (10) or more calendar days, their
bids(s) will be again posted and offered to the most senior qualified
driver(s). The successful bidder shall
remain in that position until the absent employee returns or until the next bid
period, whichever is earlier.
h. Assignment of Overtime:
1.
The Employer is not obligated to provide overtime
where qualified employees are available to perform the work.
2.
Once all available drivers have reached
3.
Day-off release forms will be available for drivers
wishing to work on assigned bid/day(s) off.
Assignments will be made in accordance with all other regulations
outlined and the releases must be received by the dispatch office a minimum of
five (5) days prior to start of work week.
4.
All moves which involve overnight lodging of the
Driver shall be paid at the actual hours worked and are subject to overtime (if
applicable) with a minimum eight (8) hour per day guarantee.
9.02
a. Postings
Charter/Tour moves of a minimum
of two (2) night’s duration will be posted in accordance with the following:
1.
Moves will be posted not less than ten (10) days prior
to departure and taken down by 1300 hours four (4) days prior to departure.
2.
All bids must be signed in the driver’s own hand
and any driver tampering with a bid will be subject to progressive discipline.
3.
The most senior qualified bidder will be assigned
the move provided he/she is available and meets all other requirements as
outlined in Article 9. If there are no
qualified bidders, the least senior qualified available driver will be assigned
the move.
4.
Any move that is booked closer in than allows
posting as outlined above, drivers will be polled by seniority and awarded
based on seniority and qualifications.
Polling will take place as soon as possible after receipt of the
confirmed charter. DOT hours of service
will be adhered to when assignments are made.
5.
Any polled/posted move that has changes which occur
after the award has been made, will remain with the awarded driver unless by
doing so would cause the driver to be illegal.
No bump privileges will be allowed and no penalty to the Employer will
occur due to cancellation or changes which cause the original driver to lose
opportunity to perform move.
6.
Drivers on trips of extended duration are required
to service the coach (fuel, oil, wash, sweep/mop, rest rooms and windows) to
maintain the exterior/interior cleanliness on a daily basis. The use of professional services will be
allowed once on trips of eight (8) days, or when circumstances are such that it
would be in the Employer’s best interest to purchase services. Drivers will endeavor to purchase such
services at the least cost to the Employer.
7.
A Driver on an extended trip forfeits the bid day
off if it occurs during the extended trip, however, if the extended trip is of
six (6) days or greater, the driver shall be guaranteed the day off immediately
prior to his/her extended trip, or immediately following his/her return from
the extended trip, if requested. Such
request must be made when signing for the trip.
8.
Drivers on extended trips of ten (10) days or
greater shall be guaranteed a day off immediately prior to and immediately
following his/her return from the extended trip. If a driver is awarded and accepts a trip
leaving the day immediately following his/her return from an extended trip,
he/she shall forfeit the days off between the two (2) trips.
b. Bid Cycle
At least four (4) times a year,
or as determined by the Operations Manager or his/her designee, specific route
assignments will be declared vacant and open for seniority bid. The Employer will determine which services
must be bid in blocks and when mandatory hour requirements can be waived.
1.
All new positions and permanent vacancies in bids
will be advertised by written notice, and open to all drivers, by seniority. Such
notice shall include start time, end time, and all hours to be paid.
2.
New bid positions will be advertised a minimum of
five (5) days, and, where feasible, bidding shall close not less than three (3)
days prior to implementation.
3.
Such assignments will be made to the senior
qualified Driver making signed application. If no bid is received, the run may
be offered to part-time Drivers and, if an insufficient number of part time
Drivers are obtained, the remaining runs may be assigned from the Regular Driver
roster.
4.
Bids shall be between thirty-two (32) and forty
(40) hours completed in a minimum of three (3) days. Part-Time Drivers will have no minimum bid
requirements. If, after the bid process is completed, a significant number of
vacancies remain, the Company may offer a second round of bidding to the bid
Drivers in order of seniority, however no bids can be abandoned in the 2nd
round of bidding.
5.
1.
A ski run is defined as a run of more than nine (9)
hours to a winter recreation site, excluding the Leavenworth tree lighting,
which includes two and one-half (2 ½) continuous hours or more of non-driving
time.
9.03 Requests/Same Driver/Assigned by
Management:
a. When a
customer requests the services of the same driver, during a period of time when
the customer will be using the services three (3) days or more (not overnight),
the employer will endeavor to post the charter and award to the most
senior/qualified driver in accordance with all other regulations. In the event the charter is booked in
insufficient time for posting, the Employer will poll the board in the same
manner as indicated above.
b. The
Employer will assign “same driver” to college and professional sports teams
during their time in town. These
assignments will follow the rules of seniority/qualification when making the
assignments; however, the driver initially assigned will be obligated to remain
with the team for the duration of their stay in and around the
c. The
Employer will post weekly, a list of requested drivers for all charter/tour
moves (a requested driver must have driven for the customer before as a Gray
Line of
d. Requested
drivers, drivers that have sold their own charter and drivers assigned by management are exempt for the
overtime control during the times of which they operate their respective moves.
10.01 Resignation:
Employees
wishing to terminate their employment shall give at least one (1) week notice
to allow the employer to hire an adequate replacement.
10.02 a.
General:
The Employer will determine the
timing of furloughs, and the total number of employees to be furloughed. The
Employer agrees to meet and confer with the
Employee’s who have met
full-time requirements prior to being furloughed will be credited with forty
(40) hours each week toward full time status while furloughed.
b.
Drivers:
When the Employer determines
that driver forces are to be reduced, drivers will be furloughed in the reverse
order of seniority and will retain their seniority date. Full time drivers will
not be furloughed before part time drivers and part time drivers will not be
furloughed before casual drivers.
Furloughs affecting any
full-time drivers will be put up for bid with the highest seniority employee
being awarded the bid. If no bids are received, the furlough(s) will occur in
reverse order of seniority.
c.
Shop Personnel:
When the Employer determines
that one (1) or more employees in the classification of Mechanics, Service
Employees and Coach Cleaners, shall be furloughed, the Employer will furlough
the least qualified employee(s) as determined by the Employer in accordance
with Schedule B, in the affected classification provided that, if two (2) or
more employees possess equal qualifications as outline in Schedule B, the
Employer will furlough the junior employee(s) of such employees. Prior to any
furloughs the Employer and
10.03 Recall:
If the Employer determines to
fill a vacancy in a classification from which employees are furloughed, such
employees will be recalled in order of seniority. An employee who elects a
voluntary furlough will be recalled in reverse order of furlough. Employees
furloughed and recalled must return as set forth below. The Employer will
forward notices of recall by certified mail to the last known address of the
employee reflected on company records. Copies of such notices will be forwarded
to the
10.04 Benefit Retention:
Health care benefits set forth
in Article 18 of the Agreement for an eligible employee who has been furloughed
or has elected a voluntary furlough will continue through the end of the month
in which the furlough occurs. Should the employee not be recalled before the
end of the month in which the furlough occurred, he/she shall continue to
receive benefits through the end of the month following the month in which the
furlough occurred. To receive this additional month of coverage, the employee
must have paid his/her share of the regular monthly health care premium, if
applicable, in advance by check or money order, made payable to Evergreen
Trails Inc., d/b/a Gray Line of
11.01 A
grievance is defined as a claim or dispute concerning the meaning and
application of the expressed written provisions of this Agreement. All
differences, disputes, suspensions, discipline and discharge cases, commonly
referred to as grievances between the parties of this labor agreement, shall be
disposed of as follows:
11.02 An
employee will not be dismissed from the service of the Employer without
sufficient cause; however, the employee has the right to appeal any action, as
provided by these rules, in the event he/she considers the removal from service
to be without just cause.
11.03 The
Employer agrees in the event of breach by an employee of its written rules or
regulations, that it will render discipline as speedily as proper investigation
of the case will permit. A copy of the reprimand will be given to the Union
Representative who will acknowledge receipt of same. Written reprimands, three
or more years old, will not be used for the purpose of progressive discipline,
but shall remain a permanent part of the employee’s personnel record.
11.04 Hearings
involving the aggrieved and witnesses may be requested by either party at any step
in the procedure for the purpose of investigation or clarification of evidence
to determine the facts of the issue which gave rise to the grievance. The
employee and/or designated Union Representative shall have the right to
question all witnesses and read all papers and related documents except in
cases involving a dispute with a customer. In such cases, due to the adverse
impact on the business relationship, the employee and/or designated Union
Representative may not challenge or question the customer directly, except
where the customer may be called as a witness in Arbitration. To maintain the
business relationship, the Employer shall forward all challenges or questions
by the employee and/or Union Representative to the customer and provide responses.
The parties will endeavor as much as possible to set hearing dates that comply
with the time limits specified below.
11.05 Any
grievance involving the interpretation or application of this Agreement will be
processed in the following manner:
Step I. – Inquiry: Before filing a formal grievance, the employee
shall present the claim in the form of an inquiry, to his or her immediate
supervisor within seven (7) calendar days of the date of receipt by the
employee of the notice of the disciplinary action or occurrence of the event
giving rise to the claim, or it shall be deemed waived. If the issue is not
resolved within seven (7) calendar days after the grievance is so presented, it
shall be reduced to writing and signed by the aggrieved employee or his or her
representative and supervisor, then;
Step II. – Level I Grievance: Such written grievance shall be presented
within seven (7) calendar days by the employee, with the assistance of his/her
representative to the Operations Manager, or, in the Operations Manager’s
absence, his/her designated representative. The Operations Manager may convene
a hearing within seven (7) calendar days of receipt of the grievance and shall
give written answer within seven (7) calendar days of the close of the hearing or,
where no hearing is held, from the date of the receipt of the written
grievance.
If any employee claims to have
been unjustly discharged or suspended during the term of this Agreement,
his/her case shall be referred to Step II through the Union Grievance Committee
within seven (7) working days of such suspension or discharge. A discharge or
suspension of an employee shall be based upon just and sufficient cause, with a
written explanation given to the employee and to the Local Union. If, upon
investigation, no settlement is made, the case may, within seven (7) working
days, be referred to Step III.
Step III. – Level II Grievance: If the grievance is not settled in Step II
above, the grievance shall be referred to the General Manager, and the General
Chairperson for their deliberation within fifteen (15) calendar days of the
written answer in Step II. The General Manager and General Chairperson shall
first meet within ten (10) calendar days of the General Manager’s receipt of
the Step III grievance appeal and may convene additional meetings as agreed by
the parties in an attempt to resolve the grievance. If the parties are unable
to resolve the grievance, the General Manager shall provide the
Step IV. – Arbitration: If
no settlement is reached in Step III above, and the employee and Union desire
to pursue the matter further, they may, upon mutual agreement, refer the
grievance to Expedited Arbitration in accordance with FMCS rules and
regulations. Failure to agree to Expedited Arbitration will cause the parties
to submit grievance to full-blown arbitration as provided for below. If such
grievance is not referred to arbitration within thirty (30) calendar days of
the written answer provided for in Step III, the grievance shall be considered
settled on the basis of the final decision rendered by the official to the
Should the Employer and the
Any decision by the arbitrator
shall be final and binding upon the parties concerned. It is understood and
agreed that the arbitrator shall confine himself or herself to the issues submitted
for arbitration and shall not have any power to add to, alter, or amend any of
the provisions of this Agreement.
The time limits set forth in
this Article 11 are the essence of this Agreement. No grievance shall be
accepted by the Employer unless it is submitted or appealed within the time
limits set forth in Section 11.05 of this Agreement. If the grievance is not
timely submitted at Step 1 or 2, it shall be deemed waived. If the grievance is
not timely appealed to Step 3 or 4, it shall be deemed to have been settled in
accordance with the Employer’s answer at the next lower step. If the employer
fails to answer within the time limits set forth in Section 11.05 of this
Agreement, the grievance shall automatically proceed to the next step. Where the
next step is Arbitration and the
12.01 The
Employer is to arrange and provide suitable accommodations for each driver on
all charters and tours. Where reasonably available, suitable accommodations
will include a double bed, shower in the room and television, if service is
locally available. Hide-a-beds are not acceptable if another reasonable cost
alternative exists. On multiple bus moves, separate rooms will be arranged for
Drivers.
12.02 Drivers scheduled to work or called in by the
Company for charters, schedules, and tours will be paid actual hours of
service, unless otherwise defined in this Agreement, with a minimum guarantee
of three (3) hours. During any
guaranteed period a Driver may be required to work other assignments.
Open Board Drivers will be paid
from initial report time through final off time.
Bid Drivers with one (1) hour or
less time between moves shall be paid straight through.
Drivers will be paid time and
one half (1.5) for all hours worked in excess of forty (40) in any one week.
12.03 Training: Employees may be required to attend training
at times prescribed by the Employer.
Employees will be paid according to the wage scale during such training.
12.04 Cushioning time (travel time) required by the
Employer shall be paid at rates established in Schedule A of the Agreement for
travel from yard to designated destination/hotel
or reverse. This includes travel by
aircraft or other forms of transportation.
12.05 Per Diem:
Employees on trips in excess of twenty-four (24) hours
duration will be paid:
Year 1 Year
2 Year
3
11.25 per meal or 11.50 per meal or 11.75 per meal or
33.75 per day 34.50 per day 35.25 per
day
Calculation of per diem shall start when a Driver reports
for the specific charter or combination of charters greater than twenty-four
(24) hours duration. Each subsequent
four (4) hour period (maximum three (3) per twenty-four (24) period) shall
provide one (1) meal allowance. Drivers
on trips of less than twenty-four (24) hours duration but requiring eight (8)
consecutive hours off duty will be paid for one (1) meal.
12.06 Sightseeing
Right – No Driver shall be required to drive more than two (2) back-to-back
intra-city sightseeing tours, except in an emergency a Driver may be required
to drive a third tour. This shall not apply to the Double Decker Tour Program.
12.07 Change
Funds, Fares and Loss of Money – A driver performing services requiring the
sale of tickets and the making of change will be issued change in the amount of
$50 and a supply of tickets for each applicable shift. The Driver must sign for
these items from dispatch prior to the beginning of his/her shift. For those
shifts beginning outside the regular dispatch hours, the Driver must sign for
these items on the last day worked prior to the commencement of the shift
requiring such funds. At the conclusion of the shift, the Driver will submit
the change funds, unused ticket stock, proceeds from the day’s sales and driver
paperwork in his/her drop. Failure to include all items listed above in the
daily drop may result in progressive discipline, up to and including
termination. A Driver shall not be responsible or liable for the refusal of
passengers to pay proper fares. It shall be the duty of the Drivers to report
such passengers to the Employer. Drivers shall not be responsible for loss of
money or property due to robbery.
12.08 Pre-Trips/Post
Trips
12.09
12.10 The
Company will include a payroll detail sheet to include hours paid per day for
each day of the pay period. In the event there is a discrepancy between this
detail and the Driver’s records a payroll inquiry may be submitted to the
Employer who will respond to such inquiry within three (3) business days.
12.11 Mechanics,
Service Employees, and Full-Time Coach Cleaners shall be guaranteed four (4)
hours pay for each day worked. This shall not apply in cases where the employee
initiates a request to leave before being released by his/her supervisor.
Mechanics, Service Employees, and Coach Cleaners will be paid time and one half
(1.5) for all hours worked in excess of forty (40) in any one week.
12.12 Shop
Employees will receive a minimum of forty-eight (48) hours notice prior to any
change of assigned work shifts; however, this does not apply in emergency
situations.
13.01 The
Employer shall compensate employees for the difference between their regular
wages and payment received while performing Jury Duty provided the employee
would have worked on a particular day based on seniority to a maximum of eight
(8) hours per day. This compensation is limited to the first fifteen (15)
workdays lost because of such duty. An Employee who reports for such service is
excused there from shall immediately contact his immediate supervisor and
report for work, if requested. In order to be paid by the Company for such
leave, the Employee must submit to the Operations Manager written proof,
executed by the administrator of the court, of having served, the duration of
such service and the amount paid by the court for the service.
14.01 An
employee requiring time off of more than five (5) days duration for any reason
may be granted a leave of absence without pay. Employees requiring a leave of
absence must submit a written request explaining the reasons for the absence.
14.02 An
employee who has worked at least twelve (12) months and for at least one
thousand, two hundred and fifty (1,250) hours during the twelve (12)
consecutive months immediately preceding the commencement of the leave, may be
granted a Family Medical Leave without pay of up to twelve (12) workweeks in
the event of one of the following circumstances:
a.
The birth of a child of the employee, adoption or
placement for foster care of a child.
b.
To care for a spouse, child, or parent (not
including parents-in-law) suffering from a serious health condition. “Child” is
defined to include biological, adopted, foster, or step child under age 18, or
a child eighteen (18) or over who is incapable of self-care due to mental or physical
disability.
c.
A serious health condition of the employee.
If a parent or child of two
employees of the Employer has a serious health condition, the Employer is not
required to grant family leave to both employees simultaneously. Earned paid
entitlements may be applied to unpaid Family Medical Leave at the Employee’s
request.
Upon the Employee’s return, a
doctor’s certificate stating that the Employee is physically able to return to
his normal duties will be required for Employees with a serious medical
condition as defined by the Family Medical Leave Act.
14.03 Leaves
of absence for reasons indicated in Section 14.02 will be granted for up to
twelve weeks total duration per year and during such leave the Employer will
continue to fund the employee’s insurance program in accordance with Section
18.01 of this Agreement.
14.04 For
leaves requested for reasons other than those indicated in Section 14.02, the
Employer shall advise approval or rejection of the leave of absence request
within fourteen (14) calendar days. These leaves will not ordinarily be
approved for more than six (6) months duration and should the approved leave of
absence exceed three (3) weeks, the employee must pay the total premium for
coverage under the prevailing insurance program provided by the Employer with a
check in advance of the premium due date. Should the employee fail to make the
payment on a timely basis, the Employer shall have the option to remove the
employee from the insurance program.
14.05 While
on a leave of absence the individual’s employment will be deemed as not having
been interrupted providing he/she returns to work at the expiration of the
leave and his/her employment was not previously terminated by management. If an
employee does not return to work at the expiration of a leave of absence,
accepts other employment, or applies for unemployment compensation, the
employee will be considered have voluntarily resigned and the effective date of
termination will be retroactive to the last day of work or a date determined by
management.
14.06 While
on an approved leave of absence for sickness, death in the immediate family,
military leave, or education, Drivers will be credited with thirty (30) hours
per week after the first fourteen (14) days on leave. These hours will not be
paid, except as provided below, but will be used when determining full time
driver status.
a.
For full time drivers and shop personnel, three (3)
days paid bereavement shall be granted for the death of any immediate family
member. Immediate family shall be defined as spouse, children, parents,
siblings, and spouse’s parents.
b.
Time off without pay may be granted for family
members not listed in 14.06 (a).
c.
For full time drivers and shop personnel, not more
than two work weeks paid leave shall be granted to military reservists and
national guardsmen for the annual encampment for call-out. Pay shall be the
difference between earnings and military pay. Part time employees will be
credited with thirty (30) hours per workweek during such military leave.
14.07 The
Employer will grant a paid leave of absence to a Full-Time Driver or Shop
Employee with two or more years of service with a serious health condition as
defined by FMLA, of more that five (5) days duration. The maximum pay allowance
will be in accordance with the following schedules for all periods of
disability occurring within the contract year. This entitlement begins on the
sixth (6th) work day of absences due to medical condition and is
retroactive to the first (1st) work day of absence due to the
medical condition.
|
|
|
|
|
|
|
|
|
|
|
|
|
Length of Service |
|
Max Pay Allowance Per |
||||||
|
|
|
|
Contract Year |
||||||
|
|
|
|
@ $50.00 Per Day |
||||||
|
|
|
|
|
||||||
|
|
2 years but less than 5 years |
|
15 days |
||||||
|
|
5 years but less than 7 years |
|
35 days |
||||||
|
|
7 years but less than 10
years |
|
45 days |
||||||
|
|
More than 10 years |
|
60 days |
||||||
|
|
|
|
|
||||||
a.
The above allowances will be paid during the period
of disability, as certified by a licensed Doctor of Medicine, and these amounts
will be reduced by any payments received from other insurance or statutory
programs to which the Employer contributes on the Employee’s behalf.
The Disability Leave of Absence
runs concurrently with the Family Medical Leave, but excludes Washington
Family/Child Care Leave.
The maximum pay allowances referred
to in the table shown above are per contract year and unused allowances are not
accrued from year to year. Any leave, which extends from one contract year into
the next, will be considered one continuous leave in the contract year in which
it began. (Eligibility for pay continuation for a leave in the new contract
year will commence after the employee has returned to work for two consecutive
weeks, unless the new leave arises from different and unrelated causes.)
b.
Benefit Entitlements while on Disability Leave –
During a GLS Disability Leave, the employee may continue coverage under the
prevailing insurance programs for the duration of the leave and under the
conditions coverage would have been provided if the employee had been
continuously employed for the duration of the leave.
The employee is required to
continue to make his/her normal premium contributions during the entire leave
of absence. While on a paid leave, the employer will continue to make payroll
deductions to collect the employee’s share of the premium.
If the employee elects not to
return to work after the expiration of his/her leave, the employee may be
required to reimburse the employer for all health insurance premiums paid by
the Employer during his/her leave.
Upon notification of request of
termination, the Employer will provide the employee with information pertaining
to continuation of health benefits at the prevailing premiums.
c.
Outside Employment – If the employee is eligible
and the leave is approved, he/she may not be employed with any employer, other
than the Employer, during the leave of absence. Outside employment during the
leave will result in immediate termination.
15.01 The Employer shall designate a Uniform vendor, from
which all drivers will acquire their uniform components at the Company expense
once the employee has passed probationary period as outlined in Article
7.01.
Components will consist of:
For Full
Time Drivers:
4-Shirt(s);
1-Vest;
2-Pant(s);
1-Protective
Shoe*
2-Ties;
For Part
Time/Casual Drivers:
2-Shirt(s);
1-Vest;
1-Pant; 1-Protective
Shoe*
1-Tie,
Drivers may purchase additional components
at Company rates if they wish to supplement their uniforms.
Other optional clothing (i.e.,
blazers, jackets, sweaters, hats, etc.) may be worn if they meet the specific
standards established by the Company.
Specific time lines for
obtaining items will be outlined once all aspects of agreement with vendor are
complete. After that, any driver that
fails to obtain their uniform within that time line will be subject to
progressive discipline up to and including termination.
* Shoes provided every other
year.
15.02 Physical
examinations required for employees covered by this Agreement will be paid for
by the Employer. The Employer shall designate the examining clinic or
physicians. If the Employer or the examining physician requires additional
testing to cover physical examinations, the Employer will pay these costs.
15.03 The Employer will furnish each
Mechanic and Service Employee four (4) coveralls or equivalent (pants/shirt)
each week. Coach cleaners will be
provide with two (2) pairs of coveralls or two (2) shop coats per week.
Each Mechanic and Service
Employee will be provided with:
1-Pair
Safety Goggles
1-Pair
of Ear Protectors
1-Dust
and Paint Respirator
The tool account of each
Mechanic and Service Employee will be credited at the end of each contract
year:
Year
1 Year
2 Year
3
$30.00/month $35.00/month $40.00/month
The tool credit is for the
purchase and/or maintenance of tools or safety equipment through Employer
accounts with supplies. The employee may
access funds from or apply charges to his tool account credit in one of three
(3) ways:
a.
Direct reimbursement upon proof of payment for
tools or safety equipment; or
b.
The allowance paid and taxed as ordinary income; or
c.
Automatic deduction from wages net of taxes for
items purchased from Employer accounts.
Should the employee choose to
deposit the credit into the Retirement Savings Plan as an employee voluntary
after-tax contribution, the Employer will, first deduct all applicable taxes from
the credit.
16.01 All repair and service work performed on coaches
owned and/or operated by Evergreen Trails, Inc., shall be done by members of
the
16.02 The
Local U.T.U. Chairman or designated representative of the
16.03 The
U.T.U. Chairman will be provided with copies of all notices of disciplinary
action (written warnings, suspensions and terminations, accident notifications
and determinations) on, or before the same day as the Employee is issued his/her
notice(s). These may be placed in the metal box outside the dispatch office
door for the UTU Chairman.
16.04 All
relevant documents in an employee personnel file shall remain a permanent part
of the file. All notices of disciplinary action shall remain in an employee
work record, however, will not be use for progressive disciplinary action after
a period of thirty-six (36) months provided that during that time there has
been no recurrence of the cause that gave rise to the disciplinary action.
16.05 Payroll
shortages and omissions over $50.00 which are the fault of the Employer shall
be paid by special check, within three (3) business days.
17.01 Vacations
shall be earned by all Mechanics, Service Employee, and Coach Cleaners who have
been in continuous service in a full time position with the Employer for at
least twelve (12) consecutive months as of October 31 of each year; and by all
Regular Drivers who have worked at least 1800 hours during the prior twelve
(12) month period from November 1 though October 31. All vacations must be
taken during the vacation year (November 1 through October 31) and vacation
entitlements will be determined by the following:
|
|
|
|
|
|
|
|
|
|
|
|
Length of Service |
|
Vacation Entitlement |
|||||
|
|
|
|
|
|
As of October 31 |
|
||
|
|
|
|
|
|
During Next Vacation Year |
|
||
|
|
|
|
|
|
(November 1 - October 31 |
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Less than 1 Year |
|
None |
|
|
|
||
|
|
1 Year but less than 3 Years |
|
40 Hours |
|
|
|
||
|
|
3 Years but less than 10
Years |
|
80 Hours |
|
|
|
||
|
|
10 Years but less than 20
Years |
|
120 Hours |
|
|
|||
|
|
20 Years or More |
|
160 Hours |
|
|
|||
17.02 The
Employer will post a vacation sign-up block October 1 through October 21 of
each year for all employees covered under this Agreement and entitled to vacation,
including those employees that achieved 1800 hours in the previous contract
year. The Employer may designate blackout dates at this time. For drivers,
blackout dates will be defined as any date the Company evokes city-wide tariff,
the Microsoft Annual Meeting and the Microsoft Annual Picnic, not to exceed
fourteen (14) days between the dates of May 1 and October 31. For shop
employees, the dates may differ to accommodate DOT and DOD inspections.
First, Second, and Third choice
proxies may be submitted in the event an employee is unavailable at the time of
sign-up. Employees, who fail to sign, as required, must accept available open
time at the conclusion of the complete sign-up. Vacations will be granted in
order of seniority.
Drivers who do not establish
their vacation schedule during the vacation sign-up period may request vacation
during the vacation year. However, requests for vacations during June, July,
August, and September must be submitted a minimum of thirty (30) days in
advance and are not guaranteed should the maximum allotment already be
utilized.
17.03 The
Employer will grant vacations in accordance with a vacation sign-up block. Full
Time Employees on vacation and leave of absence at any one time shall be
restricted as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
October 1 - April 30 |
|
10% of Drivers |
|
||||||
|
|
|
|
(rounded to the nearest whole
number) |
|
||||||
|
|
|
|
|
|
||||||
|
|
May 1 - September 30 |
|
The Greater of two (2) drivers
or |
|
||||||
|
|
|
|
3% of drivers |
|
||||||
|
|
|
|
(Rounded to the nearest whole
number) |
|
||||||
Shop Employees on vacation at
any one time shall be restricted as follows:
|
|
October 1 - April 30 |
|
2 Employees |
|
|
|
|
|
|
|
|
|
May 1 - September 30 |
|
1 Employee |
|
17.04 Employees
may split allotted annual vacations, but must take vacations as earned in each
year. If vacations are not used in a contract year, vacation time will be carried
over to the end of the calendar year.
17.05 If,
when taking vacations, employees desire to be off duty for a greater length of
time than their earned vacation allows, they will be allowed to lay off the
additional requested time, without pay, upon approval of the Operations
Department.
17.06 When
the services of an employee are terminated, regardless of cause, vacation pay
will be prorated and paid with their final paycheck.
The
Employer shall arrange for medical and dental insurance coverage for employees
covered by this Agreement that meet the specific eligibilities.
The
Employer shall fund insurance at the rate of:
Year 1 Year
2 Year
3
$300.00 $310.00 $320.00
Should
the monthly insurance premium be greater than the amount funded by the Employer
the Employer is authorized to deduct the additional amount necessary from the
employees’ pay.
Employees
who have medical/dental elsewhere, and provide the Employer with proof of such
other coverage, will be permitted to opt out of the Employer provided insurance
program. If an employee opts out of the
Employer provided insurance, then the employee may choose between two
additional alternatives. First, the
employee may elect to have an extra $60.00 included in his/her taxable
compensation each month. The $60.00 (net
of applicable taxes) may be received in cash or may be deposited into the
Retirement Savings Plan as an employee voluntary after-tax contribution.
Any
employees that fall below the necessary benchmarks will be removed from the
Health Insurance when the assessments are made by November 15 each year.
18.02 Eligibility for insurance coverage shall be
determined by November 15th and be applied retroactively to November
1st of each year. All Full
Time Employees covered by this Agreement who achieve a minimum of 1500 hours
worked during the preceding twelve (12) months shall be eligible for insurance
coverage. Any existing employees that
currently (as of
18.03 A Driver who works less than forty (40) hours of
work in a calendar month, exclusive of any paid entitlements provided for in
the Agreement, shall continue to receive the benefits set forth in Section
18.01 of the Agreement for the month in question for a period not to exceed six
(6) month in a contract year. To
qualify, the Driver must have fulfilled the 1500 hour eligibility requirement
in the preceding contract year, continue to pay his/her regular monthly
healthcare premiums through payroll deduction or by personal check and have
maintained full-time availability in the month in question. This does not limit the Employers right to
furlough Drivers as provided for in this Agreement.
19.01 Retirement Savings Plan
The Employer has set up a Retirement Savings Plan and enrolled all eligible employees under the terms and conditions of the Plan along with the terms and conditions noted below:
a. Eligibility for enrollment in the Retirement Savings Plan shall be determined November 15th of each year retroactive to November 1st, and eligible employees shall include all employees covered by this Agreement achieving a minimum of 1000 hours worked during the preceding twelve (12) months.
b. Effective with ratification, the Employer will make contributions to the Retirement Savings Plan for eligible employees who work a minimum of 1800 hours in the preceding twelve (12) months at a rate of:
Year 1 Year 2 Year 3
1.30* 1.35* 1.40*
*Contributions will be based on a maximum of 170 hours worked per month per eligible employee.
a.
For purposes of vesting, the following schedule
shall apply:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Length of Service |
|
Percent Vested |
|
||||||
|
|
|
|
|
|
||||||
|
|
Less than 2 years |
|
0% |
|
||||||
|
|
2 years but less than 3 years |
|
20% |
|
||||||
|
|
3 years but less than 4 years |
|
40% |
|
||||||
|
|
4 years but less than 5 years |
|
60% |
|
||||||
|
|
5 years but less than 6 years |
|
80% |
|
||||||
|
|
6 years or more |
|
100% |
|
||||||
|
|
|
|
|
|
||||||
A year of service shall mean the
completion of 1000 or more hours of full time service in the contract year
(November 1 – October 31)
20.01 Wages
and rates of pay for all employees covered by this Agreement are listed in
Schedule A attached.
20.02 It
is recognized that in order for the Employer to obtain business and retain
valued customers it may occasionally be necessary for the Employer to sell
intrastate or interstate contract charter trips at less than the Employer’s
published tariff. It is agreed that when this occurs, the hourly wage rate paid
to the Driver will be reduced by an amount equal to the percentage reduction in
the tariff but that such reduction to the hourly wage rate shall not exceed
fifteen (15) percent. This shall only apply to contracts which result in more
than $50,000 revenue per year per contract and will not pertain to any
contracts with Holland America Line Inc., affiliates, or subsidiaries. It is
further agreed that any Driver scheduled for such trips has the right to refuse
the trip without penalty from dispatch for turning down an available trip. The
Employer will not arbitrarily raise its tariffs over and above what the market
will permit in order to take advantage of this section.
20.03 Holidays
Thanksgiving
Day Christmas Day
21.01 The
parties agree to maintain high standards of safety, health, sanitation, and
working conditions throughout the Employer’s operation.
21.02 It
shall be the duty of the employee to report at the end of each shift or trip,
in writing, on the appropriate Employer supplied forms, all safety and/or
mechanical defects on the equipment, which they operate.
21.03 A
Driver who has reasonable cause to believe that the use of equipment would
constitute an imminent danger (as defined by Federal Motor Carrier Safety
Regulations) to the safety or health or himself/herself or others, may refuse
to operate the equipment. In the event of disagreement, the complaint shall be
processed via the Grievance Procedure.
21.04 It shall be the Employer’s responsibility to direct
the repairs as necessary to conform with the safe and efficient operation of
the equipment, based on applicable
21.05 Drug
/ Alcohol Testing
The Employer and the
22.01 The Employer and the
a. Hiring
Policies;
b. Discipline
and discharge policies;
c. Training
and promotion;
d. Safety
measures;
e. Matters
that affect the working conditions of the employees;
f.
Run structures
g. Enhancement
of Products and Services
22.02 The
Union and the Employer shall appoint an equal number of representatives to the
23.01 Should
any part hereof or any provisions herein contained be rendered or declared
invalid by reason of any existing or subsequently enacted legislation, or by
any order of the National Labor Relations board, or any decree of a court of
competent jurisdiction, such invalidation of such part or portions of this
Agreement shall not invalidate the remaining portions thereof, providing, upon
such invalidation the parties agree immediately to meet and negotiate such
parts or provisions affected. The remaining parts or provisions shall remain in
full force and effect.
24.01 The
Employer and the Union acknowledge that during the negotiations which resulted
in this Agreement, each party had the unlimited right and opportunity to make
proposals with respect to any subject or matter not removed by law from the
area of collective bargaining, and the understandings and agreements arrived at
by the parties after the exercise of that right and opportunity are set forth
in this Agreement.
24.02 This
Agreement constitutes the sole and entire existing Agreement between the
parties, and supersedes all prior Agreements and commitments, whether oral or
written, between the Employer and the Union, or the Employer and any of the
covered employees, and expresses all obligations of, and restrictions imposed
on, the Employer and the
24.03 This
Agreement is subject to amendment, alteration or addition, only by a subsequent
written Agreement between, and executed by, the Employer and the
25.01 This
agreement shall be in full force and effect from the date of ratification
through
It is hereby agreed by and between Evergreen Trails, Inc.
d/b/a Gray Line of Seattle for its operation at 4500 West Marginal Way SW
(hereinafter the “Employer”) and the United Transportation Union (hereinafter
the “Union”) that this Agreement shall become and is effective upon
ratification by the Local Union Membership. The Agreement, beginning with
ratification, shall continue in full force and effect until midnight,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year 1 |
|
Year 2 |
|
Year 3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Wages |
|
|
|
|
|
|
|
|
|
Schedule A |
|
|
|
|
|
|
|
|
|
|
|
|
Drivers |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Full Time |
|
$15.70 |
|
$16.05 |
|
$16.53 |
|
|
|
Part Time > 3000 hrs |
|
1.2% |
|
2.2% |
|
2.9% |
|
||
|
|
|
|
|
|
|
|
|
|
|
|
Part Time < 3000 hrs |
|
$14.00 |
|
$14.32 |
|
$14.75 |
|
||
|
|
|
|
|
1.4% |
|
2.2% |
|
3.0% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Probationary |
Casual |
|
$12.00 |
|
$12.27 |
|
$12.63 |
|
|
|
|
|
|
|
|
2.25% |
|
2.9% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Shop % |
|
$.20 |
|
2.46% |
|
2.48% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Health: ($) |
|
|
|
|
|
|
|
|
|
|
Article 18.01 |
|
$41 |
|
$10 |
|
$10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Pension |
|
|
|
|
|
|
|
|
|
|
19.01 B |
|
|
.00/hr |
|
.05/hr |
|
.05/hr |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Per Diem |
|
|
|
|
|
|
|
|
|
|
12.05 |
|
|
.00/meal |
|
.25/meal |
|
.25/meal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tools |
|
|
|
|
|
|
|
|
|
|
15.03 |
|
|
$0/month |
|
$5/month |
|
$5/month |
|
|
|
|
|
|
|
|
|
|
|
|
|
Schedule
A Rates of Pay |
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
A - 1
Mechanics |
|
|
|
|
|
|
||
|
|
|
|
First Year |
|
Second Year |
|
Third Year |
|
|
Classification |
|
|
|
|
|
|
||
|
A. |
|
|
$23.91 |
|
$24.50 |
|
$25.11 |
|
|
|
|
|
|
|
|
|
|
|
|
B. |
|
|
$22.66 |
|
$23.22 |
|
$23.80 |
|
|
|
|
|
|
|
|
|
|
|
|
C. |
|
|
$20.71 |
|
$21.22 |
|
$21.75 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A - 2 Service Persons |
|
|
|
|
|
|
||
|
|
|
|
First Year |
|
Second Year |
|
Third Year |
|
|
A. |
|
|
$17.50 |
|
$17.85 |
|
$18.21 |
|
|
|
||||||||