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, 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
Article
16 SPECIAL STIPULATIONS
Article
20 WAGES AND RATES OF PAY
Article
21 SAFETY CONDITIONS
Article
22 UNION MANAGEMENT COMMITTEE
Article
23 NON-DISCRIMINATION
Article
25 COMPLETE AGREEMENT
Article
26 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 Employers 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.
3.01 The Employer recognizes the United Transportation Union (U.T.U.) as the sole and exclusive bargaining agent with respect to wages, rates of pay, hours of work, and other conditions of employment for the employees covered under the Agreement.
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 and Coach Cleaners, and all Drivers as further defined in 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 All employees covered under this Agreement
who are presently members of the
4.02 The Employer shall make advance monthly payroll deductions of the U.T.U. 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 employees behalf. The Treasurer of the U.T.U. Local (or other authorized U.T.U. 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 U.T.U. with a copy of the request on or before the 25th day of each month.
4.03 The Employer shall notify the U.T.U. 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 employees only, such notification shall include the mailing address of the new employees who have begun service.
Upgrades within Maintenance
classification with 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 Bs 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
5.01 For the purpose of representation with the
Employer, the
The Union has the right to appoint
officers of the
5.02 The
5.03 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.
5.04 There shall be no Union activity on Employers time or premises except as otherwise authorized by the Employer.
5.05 Leaves of absence for Officers of the Union
The Employer agrees that upon ten (10) days written request, officers of the
6.01 During the term of this Agreement or while negotiations for future Agreement are being held, the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employers operation through its members. The employer agrees that during the life of this Agreement or while negotiations for a future Agreement are being held, it will not engage in any lockout of its Union Employees.
7.01 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 and are available to perform the work on a full-time basis; i.e., at least forty (40) hours completed in four (4) or five (5) days of each week. Assignments include, but are not limited to driving duties, lecturing, rooming of passengers as well as handling all other duties connected with creating a pleasant escorted trip for the passengers.
The Employer and the
a. At the time of employment a Driver shall declare him/herself as Full-Time or Part-Time and be placed at the bottom of the respective roster for purposes of work assignment only. A Full-Time Driver shall be eligible for healthcare coverage provided he/she has worked an average of thirty-two (32) hours per week for a period of five (5) consecutive months. Coverage will commence no earlier than the first of the month following completion of the service threshold above or when eligible pursuant to Article 18 of the Agreement. Enrollment in all other benefit programs shall be in accordance with Articles 17 and 19 of this Agreement. A Full-Time Driver who elects to become Part-Time shall forfeit participation in all benefits programs, except as outlined in Articles 17, 18, and 19.
b. Part-Time Drivers on the payroll of the Employer at the time the Agreement is ratified shall, within one month of ratification, be afforded the opportunity to declare Full-Time availability before any newly-hired Drivers. Thereafter, during the period, May 1 15 and November 1 15 each year (the polling period), Part-Time Drivers shall be able to declare availability, as described above. A Driver who has declared Full-Time availability in this fashion shall be placed on the Full-Time roster in order of his/her seniority on the Part-Time roster at the end of the respective polling period. Part-Time Drivers, when polled, who delay full-time availability shall be placed on the full-time roster at the time they become available. Part-Time Drivers having declared must remain on the full-time roster for a period of not less than two (2) consecutive months.
7.02 Shop employees covered under this Agreement include all Full Time Mechanics, Service Persons, and Coach Cleaners.
a. Mechanics and Service Persons shall be assigned specific duties, based on required knowledge and training qualifications as outlined in the Schedule B attached.
To ensure that Mechanics and Service Persons are given the opportunity to advance their skill levels and classifications, the Employer will endeavor to furnish two (2) training courses per year to each Mechanic and Service Person at the Employers expense. These classes may include training by an accredited institution or manufacturer.
b. Coach Cleaners are assigned specific duties including but not limited to the following:
1. Fill, check, and service fluid levels in all revenue equipment;
2. Clean all equipment inside and outside;
3. Service toilets in rest room equipped coaches;
4. Clean shop work areas or any other work areas as assigned by supervisor;
5. Replace light bulbs.
c. Mechanics and Service Personnel may be called upon from time to time to perform work other than mechanical work, and will be compensated for such work at the applicable rate of pay for Mechanics and Service Personnel for all such work performed.
d. On May 15 and November 15 of each contract year, the Employer will add to the roster of full time shop employees any Mechanic, Service Person, or Coach Cleaner who has worked a minimum 1800 hours in the preceding twelve (12) month period and has acquired a Class B endorsement and is qualified to drive all company vehicles. Coach Cleaners are not required to have a CDL with Class B endorsement. However, the Employer will add shop employees to the full time roster after six (6) months of continuous employment averaging thirty (30) hours per week of employment.
e. Extra Mechanics, Service Persons, and Coach Cleaners, even though they may not be members of the U.T.U., may be used when business conditions warrant, excluding in-service revenue. This is for the purpose of supplementing the full time work force and not in lieu of full time shop employees.
f. No revenue moves will be performed by non-drivers when any driver covered by this Agreement is available. To this end, the Company 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 to other customers. Exceptions may be made in the event of mechanical failure or collisions.
8.01 The Employer shall maintain a separate, up
to date seniority roster for Full Time Drivers, Part Time Drivers, and Full
Time Shop Employees. The right to work and assignment of all drivers covered by
this Agreement will be governed by placement on the seniority roster posted by
the Employer. The Employer will provide to the
8.02 Seniority rights shall cease for an employee who:
a. Voluntarily terminates his/her employment;
b. Is discharged and such discharge is not reversed through the grievance procedure;
c. Fails to report on the first day following the expiration of a leave of absence, except by mutual agreement;
d. Is furloughed for a continuous period of more than six (6) consecutive months.
8.03 Employees who are transferred, through personal request or Employer request, to any non bargaining unit position within Evergreen Trails, Inc. (except as a Part-Time Driver), or affiliated company (Holland America Line Westours Inc. or subsidiaries) 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 the 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 Union seniority.
9.01 The Employer will assign Drivers based on seniority, qualifications, and preference using the following procedures. Full-Time Drivers are assumed to be available for all work during the workweek which is defined as Saturday through Friday.
A. Assignment of Open Board Work
1. Within 30 days of employment and during the polling periods established in Article 7.01b of the Agreement, Full Time Drivers may declare their preference to not perform certain identified types of work, not to exceed twenty percent (20%) of the preference lists. Where the Driver has not so advised the Employer, he/she will be assumed to be available for all types of work. The Employer will endeavor to incorporate preference into the work assignments.
2. Full Time Drivers must make themselves available for all work as defined in Articles 7.01 & 9.01 of the Agreement. During the period May 1 through September 30, Drivers will receive their daily assignments on the day prior to the day in which the work is to be performed. During the period October 1 through April 30, Drivers receive their daily assignments two (2) days prior to the day in which the work is to be performed. Drivers will call the Dispatch Office between the hours of 8:00 a.m. and 3:00 p.m. the day prior to the day in which the work is to be performed to receive their assignment. Drivers are responsible to make direct contact with the Dispatch Office the day prior to their scheduled workday(s) to receive their assignments. Contact is defined as the Driver having a direct voice exchange with an employee of the dispatch office. Failure by the Driver to make direct contact for the purpose of work assignment will result in progressive discipline issued to the Driver. Progressive Discipline is defined as: first offense verbal warning, second offense written warning, third offense suspension, fourth offense termination.
3. 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 through the first 40 hours assigned in the workweek.
If any move is cancelled after having been assigned in accordance with the above procedures, the affected driver will not be allowed to bump another driver.
4. For
the purposes of assignments only, all one-way cruise transfer moves to and from
B. Assignment of Overtime
1. All moves which involve overnight lodging of the Driver shall be paid at actual hours worked and are subject to overtime with a minimum eight (8) hour per day guarantee.
2. Overtime shall be offered after all full time and part time drivers have been assigned to the limit of availability or forty (40) hours. The Employer is not obligated to provide overtime in any instance where qualified employees are available to perform the work within regular hours of work. When the Employer determines that overtime is necessary, it shall be offered to Drivers in seniority order. Failure to secure the overtime needed will result in overtime assigned in reverse order of seniority.
3. Day off release forms will be available for drivers wishing to work on assigned bid/day(s) off. Assignments from this board will be made by seniority. All releases must be signed in the drivers own hand and any driver tampering with a release will be subject to disciplinary action up to and including termination.
C. Posted Moves
Charter/Tour moves of a minimum of two (2) nights duration that are booked at least ten (10) days prior to departure will be posted for bid and assignment will be made in accordance with the following:
1. Moves will be posted not less than ten (10) days prior to departure and will be taken down at 1400 hours (2:00PM) four (4) days prior to departure.
2. All bids must be signed in the drivers own hand and any driver tampering with a bid will be subject to disciplinary action up to and including termination.
3. The most senior qualified bidder will be assigned to the move providing he/she is available, or, if there are no qualified bidders, the least senior qualified driver available will be assigned the move.
4. Drivers will be polled by seniority for any moves of two (2) nights duration or longer, booked less than ten (10) days to two (2) days prior to an extended departure. Within the two (2) days prior to departure of an extended trip, the move will be awarded to the most senior available qualified driver.
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 driver. In the event the charter is booked in insufficient time for posting, the employer will poll the board and assign to the senior driver desiring to do the work. The charter will be posted a minimum of three (3) days and awarded two (2) days before date of departure.
The employer will poll the board as soon as possible after receipt of the confirmed charter. DOT hours of service will be adhered to when assignments are made.
The employer will assign Same
Driver to college and professional sports teams during their time in town.
These assignments will follow all the rules of seniority when making the
assignment, however, the driver initially assigned will be obligated to remain
with the team for the duration of their stay in and around the
5. 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
Prior to posting the list, the Operations Manager and Union Chairman shall review the list to ensure the charter/tour move includes the name of the requested Driver.
Properly received requests shall not be restricted to forty (40) hours per week. However, the Company will not be required to assign additional work if the total requested moves exceed forty (40) hours in a workweek. Where the Employer chooses to assign additional work beyond forty (40) hours, it shall be in accordance with Section 9.01B3 of the Agreement.
6. Any charter/tour move requiring a driver/tour director will be posted in the same manner as other charter/tour moves. However, such moves will be assigned only to qualified driver/tour directors (drivers who have successfully handled such moves previously or who have successfully completed a driver/tour director training class. A minimum of two (2) driver/tour director training classes will be conducted each year and a list of qualified driver/tour directors will be posted each May 1st and November 1st ) and, if there are no qualified bidders, the least senior qualified driver/tour director will be assigned the move.
7. If any move is cancelled after having been assigned in accordance with above procedures, the affected driver will not be allowed to bump another driver.
8. Notwithstanding
the above, up to fifty (50) charter/tour moves of any duration may be assigned
each year at the sole discretion of management. The Employer will notify the
D. Qualifications
To ensure that drivers are qualified for preferred assignments, the Employer may require drivers to demonstrate their qualifications for any of the preferred work. Such demonstration will involve road tests in which driving, routing, and narration are considered. The Operations Manager or his/her designee will review other relevant qualification factors. The Employer will provide seven (7) days notice of scheduled road tests to appropriate drivers.
E. Part Time Driver Availability Procedures
1. Part Time Driver availability forms for the following week will be completed and submitted no later than close of business five (5) days prior to the commencement of the workweek. Any change of commitment that reduces a part time drivers availability requires seventy-two hours written notice. If a part time driver fails to submit availability in a timely manner, said driver shall be subject to progressive discipline. Progressive discipline will include: first offense verbal warning, second offense written warning, third offense termination.
2. If a part time driver during a period of declared availability, after assignment/contact is made, refuses a dispatch assigned using proper techniques, said driver shall be subject to progressive discipline.
3. In addition, part time drivers who do not work for a consecutive period of ten (10) months shall be considered terminated and removed from the driver roster, except as outlined in Article 14.
4. When
requested by the Union, the Company will endeavor to provide the
9.02 A. 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. 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. 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 form the Regular Driver roster, starting with the least senior Driver.
B. During the peak season, May 1 Sept. 30, and ski season, bids shall be at least forty (40) hours completed in four (4) or five (5) days. From Oct. 1 Apr. 30, excluding ski season, bids shall be at least thirty (30) hours completed in four (4) or (5) days. Bids shall not exceed forty-five (45) hours per week. A minimum bid for Part-Time Drivers will be fifteen (15) paid hours or two calendar days per week. Part-Time Drivers will have no minimum bid requirements during ski season. If, after the bid process is completed, a significant number of vacancies remain, the employer may offer a second bid to the bid Drivers in order of seniority. In this instance, the 45-hour restriction is waived.
C. At
least four (4) times a year, all regular route assignments will be declared
vacant and open for seniority choice. Regular route assignments may be declared
vacant more frequently by mutual agreement between the Employer and the
9.03 During the bid period of Apr. 15th through Sept. 30, all full time drivers will be exempt from being assigned to a scheduled shift, but may, of their own preference, bid a shift.
9.04 A scheduled driver may accept a charter request on a scheduled bid day only if through customary dispatch procedures; the driver would have been assigned a similarly paying move. No such additional assignment may, in any way, conflict with the scheduled drivers regular shift. A scheduled driver may accept charter requests on days when his/her scheduled shift does not operate. A scheduled driver may sell new charters, and operate such trips, subject to Section 9.05.
9.05 A driver who initiates sells, and services, a new charter customer and, consequently, creates a vacancy, may drive such trips only if the employer is able to acquire a substitute driver at no additional cost.
9.06 Where it can be determined that a scheduled driver will be on an approved absence for ten (10) or more calendar days, such work the first and last shift, will be posted and offered to the most senior qualified driver(s). The successful bidder shall be required to stay in such position until the absent employee returns or until the next sign-up, whichever is earlier.
9.07 Drivers on trips of extended duration are required to service the coach (fuel, oil, wash, sweep/mop, rest room 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 Employers best interest to purchase service. Drivers will endeavor to purchase such service at the least cost to the Employer.
9.08 Ski Bids
a. 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.
b. Ski bids will begin with the start of ski classes (usually, the first weekend in Jan.) and will be available for review by Thanksgiving week of the prior year, at the latest. Bids will close mid-December for review and awarding.
c. The award of ski bids in combination with regular bids will be in compliance with Article 9.02 with the maximum hours not to exceed forty-five (45).
d. If a ski charter is awarded and, subsequently, cancels for the remainder of the season, during the first two (2) weeks of operation, the senior driver affected shall have the right to displace a junior driver for the remainder of the ski season, except for requested drivers.
e. On ski runs, drivers will be paid for actual time to nine (9) hours; over nine (9) hours, one and one-half hours (1.5) will be deducted as unpaid mealtime; i.e., the driver shall not be paid for hours 9 10.5.
10.01 The Employer will determine the timing of the
furloughs, and the total number of employees to be furloughed. The Employer
further agrees to meet and confer with the
10.02 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. These employees will be permitted to work elsewhere. They must maintain on record with the employer their correct mailing address and phone number, and renew same every ninety (90) days. Drivers, full time and then part time, will be called back to service in order of their seniority.
10.03 When the Employer determines that one (1) or
more employees in the classification of Mechanics, Service Employees, and Coach
Cleaner employees shall be furloughed, the Employer will furlough the least
qualified employee(s) as determined by the Employer in accordance with Schedule
B, in 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
10.04 Employees who have met full-time requirements prior to being furloughed will be credited with forty hours each week toward full time status when furloughed.
10.05 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
10.06 Healthcare 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 healthcare premium, if applicable, in advance by check or money order, made payable to Holland America Line, Inc.
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 employees 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. Before filing a formal grievance, the employee shall present the claim 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. Such written grievance shall be presented within seven (7) calendar days by the employee, with the assistance of his/her representative to the General Manager, or, in the General Managers absence, his/her designated representative. The General 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. If the grievance is not
settled in Step II above, the grievance shall be referred to an official of the
Employer above the General Manager, and the General Chairperson for their
deliberation within fifteen (15) calendar days of the written answer in Step
II. The Company official and General Chairperson shall first meet within ten
(10) calendar days of the Company officials 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 official of the Company shall provide the
Step IV. 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 Employers 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 Employer 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. After the Driver has completed the three (3) hours guaranteed time, he/she will be paid an additional three (3) hour guarantee providing the next dispatch is more than one and one half (1.5) hours after the initial three (3) hour guarantee period has ended. If the next dispatch is less than one and one half (1.5) hours after the end of the initial guarantee period, he/she shall be paid for the total elapsed time from their initial report time. No Driver will be paid for more than two (2) guaranteed three (3) hour periods per workday and during any three (3) hour guarantee period a Driver may be required to work multiple dispatches. Exception to this provision is contract work, which shall be paid based on actual time worked; however, a Driver may refuse contract work with no penalty. A maximum of fifteen (15) hours per twenty-four (24) hour period will be paid.
a. Time begins when the Driver is required to report 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 from duty.
12.03 Training. Employees may be required to attend training at times prescribed by the Employer. Employees will be paid the appropriate rate 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 up to eight (8) hours per day. This includes travel by aircraft or other forms of transportation.
12.05 Per Diem: Effective with ratification
Employees on trips in excess of twenty-four (24) hours duration will be paid
$32.25 per day for meal expenses ($10.75 per meal). Effective
12.06 Sightseeing Right No Driver shall be required to drive more that 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 trolley 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 days sales and driver paperwork in his/her drop. Failure to include all items listed above in the daily drop will 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 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 of Article 9.01 B. 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 9.02
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 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. A driver has the option to work on his/her bid day(s) off per the terms or Article 9.
Drivers on extended trips of ten (10) calendar 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 trips.
12.09 On all scheduled services, charters, and tours, report times will include fifteen (15) minutes of paid time for pre-trip inspections of the motor coach. Report times for ADA and Airporter coaches will include an additional fifteen (15) minutes of paid time for pre-trip inspection of the motor coach, wheelchair lift and tie-down equipment. Report times for charters that encounter winter driving conditions (i.e. ski trips) will include an additional fifteen (15) minutes of paid time for pre-trip inspections of the motor coach, chains, sand, etc. Fifteen (15) minutes of paid time shall be paid at the end of each day, in addition to actual hours worked, for the preparation and submission of required paperwork. This does not apply to minimums except when the actual hours worked are equal to three (3).
12.10 Mechanics, Service Employees, and 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. Drivers will be paid time and one half (1.5) for all hours worked in excess of forty (40) in any one week, except as provided for in 9.01B1.
a. The Employer shall pay eight hours of time to each Mechanic and Service Employee for Thanksgiving and Christmas. Mechanics and Service Employees who work on these holidays will be paid for eight hours of time in addition to those hours actually worked.
12.11 If a customer forwards driver gratuities to the Employer, the Employer shall distribute ninety-two (92) percent of these gratuities among the drivers involved, in the pay period following receipt of the gratuities, or the completion of the trip, whichever is later. The eight (8) percent not forwarded to the drivers is used to pay Employer paid taxes. If Employer paid taxes rise above 8%, the portion not forwarded to the Drivers will be increased to the new Employer paid tax amount rounded upward to the next whole percentage point. Driver gratuities are not considered a relevant factor in the assignment of work. A list of the charter booking order numbers containing a prepaid gratuity will be posted on the day after each driver payroll cutoff, for that payroll period.
Employer may implement a service gratuity charge to selected existing customers, and all future charter or private tour customers. Where the customer accepts the charge and, ultimately, does not reverse the charge due to customers satisfaction with the service delivered, the gratuity will be awarded to the affected Driver, less the amount deducted for taxes, as noted above.
12.12 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 Drivers records a payroll inquiry may be submitted to the Employer who will respond to such inquiry within three (3) business days.
12.13 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 Employees request.
Upon the Employees return, a doctors 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 employees 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 individuals 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 spouses 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.
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Length of
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Max Pay Allowance Per |
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@ $50.00 Per Day |
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2 years
but less than 5 years |
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15 days |
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5 years
but less than 7 years |
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35 days |
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7 years
but less than 10 years |
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45 days |
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60 days |
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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 Employees 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 employees 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 requires Drivers to be attired in a uniform consisting of a specified shirt, tie and trousers at all times while on duty. The Employer will furnish all Full-time Drivers with four (4) shirts, two (2) ties, and two (2) pair of trousers, each year. Drivers who operate Airport Express service may opt for Airport Express shirts to be a part of the above shirts compliment. The Employer will furnish all Full-time Drivers with one pair of steel-toed safety shoes every other year. For Part-time Drivers, the Employer shall furnish each year one-half (1/2) of the number of uniform clothing items noted above. Every other year, the Employer shall furnish Part-time Drivers with one pair of steel-toed safety shoes. Upon completion of the first 750 hours worked within the contract year, Part-time Drivers may order one additional pair of trousers and one shirt at the Companys expense. Additional uniform components desired by the individual will be made available at company price at the expense of the individual. Other optional clothing (i.e., blazers, jackets, sweaters, hats, etc.) may be worn if they meet the specific standards established by the Employer.
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 provided with two (2) pairs of coveralls or two (2) shop coats per week. Also, each Mechanic and Service Employee will be provided with one pair of safety goggles, one pair of ear protectors, and a dust and paint respirator. In addition, the tool account of each Mechanic and Service Employee will be credited, at the end of each contract year, with the amount of $30.00 per month worked during the contract year. The tool credit is for the purchase and/or maintenance of tools or safety equipment through Employer accounts with suppliers. The employee may access funds from or apply charges to his/her 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 Pension and Savings Plan as an employee voluntary after-tax contribution, the Employer will, first, deduct applicable taxes from the credit.
16.01 All repair and service work performed on coaches owned and/or operated by Evergreen Trails, Inc., in Employer owned and/or operated shops, shall be done by members of the U.T.U. consistent with the other requirements in this Agreement. This does not exclude a Shop Supervisor, Shop Foreman, or Maintenance Manager from performing such functions, except that, during times of furlough, they will be limited to performing functions related to diagnosis and/or evaluation of equipment, or instruction related to upgrades in Schedule B.
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:
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Length of Service |
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Vacation Entitlement |
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As of October 31 |
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During Next Vacation Year |
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(November 1 - October 31 |
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Less than 1 Year |
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None |
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1 Year but less than 3 Years |
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40 Hours |
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3 Years but less than 10 Years |
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80 Hours |
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10 Years but less than 20 Years |
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120 Hours |
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20 Years or More |
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160 Hours |
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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:
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October 1
- April 30 |
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10% of
Drivers |
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(rounded
to the nearest whole number) |
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May 1 -
September 30 |
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The
Greater of two (2) drivers or |
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3% of drivers |
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(Rounded
to the nearest whole number) |
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Shop Employees on vacation at any one time shall be restricted as follows:
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October 1
- April 30 |
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2
Employees |
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May 1 -
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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.
18.01 The Employer shall arrange for medical and
Dental insurance coverage for employees covered by this Agreement and,
effective with the date of ratification, shall fund this insurance at a rate of
$239.00 per month. Effective
Second, the employee may choose to have the $60.00 deposited into a flexible spending account for the purposes of reimbursing the employee for uninsured medical expenses. Under this second alternative, the $60.00 will be deposited into the flexible spending account on a pre-tax basis.
18.02 Eligibility for insurance coverage shall be determined by November 15th and be applied retroactively to November 1st of each year. All 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. The Employer may elect to provide insurance coverage to shop employees earlier than specified above, at its sole discretion, provided the employee has been employed at least three (3) months.
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) months 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 The Employer has set up a Pension and Savings Plan and enrolled all eligible employees under the terms and conditions of the above noted Plan along with those terms and conditions noted below:
a. Eligibility for enrollment in the Pension and 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 Pension Plan for
eligible employees who work a minimum of 1800 hours in the preceding twelve
(12) months at a rate of $1.20 per hour worked up to a maximum of 170 hours per
month per employee. Effective
c. For purposes of vesting, the following schedule shall apply:
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Length of
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Percent Vested |
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Less than
2 years |
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0% |
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2 years
but less than 3 years |
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20% |
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3 years
but less than 4 years |
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40% |
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4 years
but less than 5 years |
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60% |
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5 years
but less than 6 years |
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80% |
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6 years
or more |
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100% |
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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 Employers 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.
21.01 The parties agree to maintain high standards of safety, health, sanitation, and working conditions throughout the Employers 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 Employers responsibility to direct the repairs as necessary to conform with the safe and efficient operation of the equipment.
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
22.02 The Union and the Employer shall appoint an
equal number of representatives to the
23.01 It is agreed that neither the Employer nor the U.T.U. shall discriminate against any employee with respect to race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veteran status, or mental, sensory, or physical ability.
24.01 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.
25.01 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.
25.02 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
25.03 This Agreement is subject to amendment,
alteration or addition, only by a subsequent written Agreement between, and
executed by, the Employer and the
26.01 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,
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Year 1 |
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Year 2 |
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Year 3 |
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Wages |
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Schedule
A |
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Drivers |
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Full Time |
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$14.50 |
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$15.00 |
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$15.50 |
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Part Time > 3000 hrs |
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16.6% |
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3.4% |
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3.3% |
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Part Time < 3000 hrs |
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$13.00 |
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$13.40 |
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$13.80 |
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15.7% |
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3.1% |
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3.0% |
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Shop % |
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4.0% |
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3.6% |
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3.4% |
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Health: ($) |
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Article 18.01 |
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$15 |
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$10 |
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$10 |
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Pension |
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19.01 B |
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.05/hr |
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.05/hr |
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.05/hr |
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Per Diem |
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12.06 |
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.25/meal |
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.25/meal |
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.25/meal |
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Tools |
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15.03 |
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$5/month |
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Schedule
A Rates of Pay |
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A -
1 Mechanics |
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First Year |
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Second Year |
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Third Year |
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Classification |
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A. |
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$22.13 |
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$22.93 |
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$23.71 |
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B. |
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$20.97 |
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$21.72 |
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$22.46 |
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C. |
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$19.15 |
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$19.84 |
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$20.51 |
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A - 2
Service Persons |
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First Year |
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Second Year |
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Third Year |
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A. |
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$16.15 |
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$16.73 |
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$17.30 |
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B. |
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$14.22 |
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$14.73 |
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$15.23 |
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C. |
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$13.32 |
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$13.80 |
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$14.27 |
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A - 3
Coach Cleaners |
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First Year |
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Second Year |
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Third Year |
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$9.14 |
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$9.47 |
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$9.79 |
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No Coach Cleaner shall, as a
result of this Agreement, be paid an hourly wage less than their existing
rate of pay. All Coach Cleaners shall receive increases to their hourly rate
of pay equivalent to the above increases. |
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A - 4
Drivers |
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4.1 Wages |
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First Year |
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Third Year |
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Full Time
and Part Time Drivers with 3000 hours or more. |
$14.50 |
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$15.00 |
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$15.50 |
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Part Time
Drivers < 3000 hours |
$13.00 |
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$13.40 |
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$13.80 |
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4.2 Ticket Sales Bonus: At the end of each month the Employer will pay a bonus of twenty cents ($.20) for each ticket sold by a Driver. (Note: Airporter Drivers are not permitted to solicit passengers at the airport when the booths are manned or beyond the perimeter of the pick-up area.
At the end of each month, the Employer will pay a bonus of twenty-five ($.25) for each Trolley Ticket sold by a driver of the Trolley Tour.
4.3 Narration Drivers
On moves where the Employer is required by the customer to provide narration, the Driver will receive thirty percent (30%) of the narration costs charged to the customer, unless the narration fee is refunded to the customer for poor performance. All feedback regarding Driver narration is to be shared with the Driver.
4.4 Chain-up Drivers will be paid $6.00 for each time that they must install chains.
4.5 Safety Incentive Program Drivers who operate accident free will be eligible for a bonus of a percentage of wages earned during the contract year. The bonus will be two (2) percent for the 1st year of accident free operation, three (3) percent for the 2nd year of accident free operation, and three and one half (3 ½) percent for the third year of accident free operation. The bonus is payable semi-annually as soon after April 30 and October 31 as it can be calculated. Any Driver experiencing a preventable accident will lose his/her Safety Bonus for the semi-annual period (see the Class 4 accident option below). To be eligible to receive payment of the bonus, drivers must be actively employed at the end of April and October, respectively.
4.6 For purpose of administering the Safety Incentive Program, the following guidelines apply:
A. An accident is defined as an occurrence relating to motor coach operations which results in personal injury or property damage regardless of who was injured, whose property was damaged, or who was at fault. An accident is still considered an accident whether a vehicle was moving or was temporarily stationary, and includes an event occurring on the coach or while passengers embark/disembark, which results either in a passenger injury requiring medical attention or a claim against the Employer, or both, and which through normal procedure, the Safety Department determines to be preventable.
B. Each accident is placed in one of four classes, based on severity. Drivers may elect to pay for damages associated with the first Class 4 accident they are charged with per year, in which case they will remain eligible for the bonus.
C. The Safety Department will decide issues related to accident preventability, subject to Article 11.
D. The Safety Department may charge mystery damage to a driver if no previous source can be documented. The costs of repairing chargeable mystery damage will result in loss of that drivers bonus for the half yearly period as outlined above.