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 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.
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 employee’s 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 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
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 Employer’s 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 Employer’s 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 Employer’s 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 driver’s 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) night’s 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 driver’s 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 driver’s 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 driver’s 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 Employer’s 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 Employee’s 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