SCHEDULE A - Rates of Pay

LETTER OF AGREEMENT

It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith:

to recognize mutually the respective rights, responsibilities and functions of the parties hereto;

to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

to establish an equitable system for the promotion, transfer, furlough and recall of employees;

to establish a just and prompt procedure for the disposition of grievances;

and generally, through the full and fair administration of all the terms and provisions contained herein, to develop and achieve a relationship among the Union, the Employer and the employees which will be conducive to the strength and long term well being of the Employer and its employees.

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:

the right to determine the work to be done by the employees covered by this Agreement;

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;

the right to change or introduce new or improved operations, methods, means or facilities;

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.

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.

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 this Agreement.

Employees who are covered under this Agreement and subject to the terms and conditions included herein are all employees employed in the classifications of full- time Mechanics, Service Employees and Coach Cleaners, and all Drivers as further defined in this Agreement.

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.

All employees covered under this Agreement who are presently members of the Union, shall be required to maintain said membership.  All employees added to the job classifications of Mechanic, Service Employees, and Coach Cleaners, and covered by this Agreement shall, within the first thirty one (31) days in these classifications apply for membership in the Union.  All part time drivers added to the job classification covered by this agreement shall on the sixty-first (61^st) day in the classification, beginning with the first day in revenue service, apply for membership in the union.  Any employee who fails to comply with this section shall be suspended from the service of the Employer, without pay, upon the written request of the U.T.U. until such time as the U.T.U., in writing, shall request the employee’s reinstatement.  

The Employer shall make advance monthly payroll deductions of 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 which 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.

The Employer shall notify the U.T.U. of the employment or transfer of an individual into a job classification covered under this Agreement within fourteen (14) calendar days of such employment or transfer.  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 Union will be notified of any upgrades at the conclusion of the assessment period.

For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

The Union has the right to appoint officers of the Union. These officers are representatives of the employees covered by this Agreement in all matters pertaining to this Agreement, including the processing of grievances, negotiating amendments to or renewals of this Agreement, and enforcing the employees' collective bargaining rights.

The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments.

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.

There shall be no Union activity on Employer's time or premises except as otherwise authorized by the Employer.

Leaves of absence for Officers of the Union - The Employer agrees that upon ten (10) days written request, officers of the Union shall be granted unpaid leaves of absence while on official Union business. Officers being used in the service of the Union shall retain and accumulate all seniority rights. During the months of May through October, no more than two Union officers will be on such leave at any one time. During the months of November through April, no more than three Union officers will be on such leave at any one time. Officers will be credited with eight (8) hours per day, maximum forty (40) hours per week, while on Union leave. These hours will not be paid, but will be used when determining benefit status.  

During the term of this Agreement or while negotiations for a 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.

Regular Drivers are employees who are listed as Regular Drivers on the driver roster maintained by the Employer. Drivers must be fully qualified to lecture sightseeing trips in the Seattle area and be able to handle driver/escorted trips in areas that Evergreen Trails serves. This will include but is not limited to driving duties, lecturing, rooming of passengers as well as handling all other duties connected with making a pleasant escorted trip for the passengers.

 On November 1 of each contract year, the Employer will add to the roster of Full Time Drivers any Driver who has worked a minimum of 1200 hours in the preceding twelve (12) month period, has maintained full-time availability (no limitation to daily assignment caused by other employment or external commitments that consistently impede the Driver’s ability to work on what would be considered a full-time basis) and meets all other requirements of a Full Time Driver.  Any Driver who has worked 1200 or more hours in the prior contract year will have the option to become a Full time Driver or remain classified as a Part Time Driver.  

Regular Driver status will be lost by any Driver that fails to work a yearly minimum 1200 paid hours as measured from November 1 through October 31 of each contract year, or fails to maintain full time availability, except as provided in Article 14.

On those runs where mileage is used to compensate Drivers, the Employer will award eight (8) hours for each 250 miles paid (1 hour for each 31.25 paid miles) for purposes of calculating annual hours worked.

Part Time Drivers - The Employer and the Union agree that the Employer's business is subject to peaks in demand for drivers and equipment.  To supplement the roster of Full Time Drivers, the Employer will maintain a list of Part Time Drivers, which may be used according to the terms of Article 9 of this Agreement.  Part Time Drivers are defined as drivers covered under this Agreement, who work less than 1200 hours per contract year or Drivers electing not to go full time.  

Transit Drivers are any employees that operate transit operations for the Employer in relation to a contract with a public transit authority. The Employer and the U.T.U. agree that the nature of this business is primarily peak service, therefore, may require the use of Transit Drivers. Transit Drivers are not covered under this Agreement and are not required to be members of the U.T.U. Transit Drivers will not be used for charters or scheduled service unless they are qualified for such work and paid the appropriate wage. U.T.U. members who agree to transit work retain their membership and all rights arising therefrom, while performing such work and retain the right to refuse such work if transit wages are below current union scale.

Shop employees covered under this Agreement include all full time Mechanics, Service Persons and Coach Cleaners.

Mechanics and Service Persons shall be assigned specific duties, based on required knowledge and training qualifications as outlined in Schedule B attached.

To ensure that Mechanics and Service Persons are given the opportunity to advance their skill levels and classification, the Employer will endeavor to furnish one (1) training course per year to each Mechanic and Service Person at the Employer's expense. These classes may include training by an accredited institution or manufacturer.

Coach Cleaners are assigned specific duties including but not limited to the following:

Fill, check, and service fluid levels in all revenue equipment;

Clean all equipment inside and outside;

Service toilets in rest room equipped coaches;

Clean shop work areas or any other work areas as assigned by supervisor;

Replace light bulbs.

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.

 On May 1 and November 1 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.  

 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.  

 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.  

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. A current seniority roster shall be posted on May 15th and November 15th of each year.  The seniority date of a Part Time Driver covered by this Agreement will be the first day of work in revenue service. The seniority number for Full Time Drivers shall be determined in the year full time status is obtained, according to the part time seniority roster.  All driver seniority rosters shall include name and seniority number, date full time status was obtained, and date of first revenue.  If two or more employees begin work on the same day, seniority will be determined by month and day of birth.  (i.e. 6/01 senior to 7/15).  

Seniority rights shall cease for an employee who:

voluntarily terminates his/her employment;

is discharged and such discharge is not reversed through the grievance procedure;

fails to report on the first day following the expiration of a leave of absence, except by mutual agreement;

is furloughed for a continuous period of more than six (6) consecutive months.

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 any 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 days 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.

Assignment of Drivers will take into consideration the Driver's seniority, qualifications, and availability.  In making Driver assignments, the following procedures will be observed:  

Assignment of Open Board Work

Non-bid work will be divided by inter and intra state categories.  

Drivers will determine preference for either category of work during each bid period.  To facilitate driver assignments, drivers will advise the employer during each bid period of their preference of the following within their category:  

a.       Charter/Tours

b.       Scheduled Service

c.       Sightseeing

The Employer will assign qualified drivers to available work based on their preference and seniority, except that, when there are not sufficient drivers indicating a preference for available work, the least senior qualified available driver may be assigned.  Drivers not indicating a particular preference will be assumed to be available for all work within their chosen category.  The preference board will be posted at the same time as regular route assignments are posted.  

 Drivers will be dispatched in stated category by seniority.  

Drivers will receive their daily dispatch sheets three days in advance of the work to be performed.   (e.g. assignments for Thursday would be distributed on Monday afternoon, assignments for Friday would be distributed on Tuesday afternoon and so on.)  Drivers are required to call in to confirm both work and coach assignments prior to 1600 hrs., the day prior to work.   Failure to confirm work as directed above will result in the re-assignment of that work to the next qualified individual on the basis of seniority and preference.  Vacated hours will not be replaced in accordance with Article 9.01 A (7).  

All drivers in intra state service will be assigned work in seniority order up to 40 hours in the given work week.  Should there not be sufficient work at time of assignment to provide a driver 40 hours of work within his/her stated category/availability, additional moves booked within the work week will be assigned by seniority to drivers who have not yet been scheduled for 40 hours.  Drivers may be offered, and may decline, work outside their stated category if insufficient work exists within their stated category at time of offer.  

All drivers in inter state service will be assigned work in seniority order up to the equivalent of a 40 hour work week.  After all drivers in this category receive the equivalent hours or reach the limits of declared availability, additional work within the work week will be assigned in seniority order by the day.  

 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 to the driver affected by loss of scheduled work through the first 40 hours assigned in the workweek.  

Intra state work not assigned after all full time drivers have been awarded 40 hours and part time driver declared availability up to 40 hours has been exhausted, will be assigned to the most senior driver desiring the work.  

Assignment of Overtime

Desire to receive overtime, if available, must be stated during each bid period.  If an insufficient number of drivers declare a desire for overtime, the Employer may require overtime in reverse seniority order.  

During the course of assignment, overtime may be assigned to drivers with the distribution of the week’s work.  Day(s) off will not be affected by these assignments.  Overtime may be assigned to full time drivers after all part time drivers’ first 40 hours (or equivalent) of declared availability is exhausted.  

A day off release board will be posted for drivers wishing to work on assigned/bid day(s) off.  Once part time driver availability up to 40 hours is exhausted, assignments from this board will be made first by seniority, then by stated category.  If work is not available in a driver’s category, the driver will be offered the option to accept or decline such work.  

Posting of Moves

Charter/Tour moves of a minimum of two (2) night’s duration that are booked at least fourteen (14) days prior to departure will be posted for bid and assignment will be made in accordance with the following:  

Moves will be posted not less than ten (10) days prior to departure and will be taken down at 1600 hours (4:00 PM) four days prior to departure.   

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.  

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.   

Any move booked less than ten (10) days prior to departure will be awarded to the most senior available qualified driver who has not been awarded a Charter/Tour.   

The Employer will post 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 Seattle driver) and such drivers will have the option of declining requested moves.  The Employer, in writing, must receive requests for each individual charter no later than ten (10) calendar days before departure.  Operations will try to accommodate this request.  Both full and part time drivers may be requested.  No driver will endeavor to solicit name requests from any account.  

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 1^st and November 1^st) and, if there are no qualified bidders, the least senior qualified driver/tour director will be assigned the move.    

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.  

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 Union of each charter/tour move in writing within three (3) days of any such assignment.  No driver shall be penalized for refusing such assignment.  The Employer will post such charter/tour moves with the notation, “Assigned to [NAME HERE] by Management.”   

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.   

Part Time Driver Availability Procedures

Part time driver availability forms will be completed and submitted no later than close of business seven (7) days in advance, for the week beginning the following Monday.  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.   

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.  

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.  

When requested by the Union, the Company will endeavor to provide the Union with the record of Part Time Driver availability in a format consistent with its capability.  

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 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 from the Regular Driver roster starting with the least senior Driver.  

Bids will be a minimum of four (4) days.  No bid will exceed five (5) days per week nor be less than six (6) hours per day.  Every effort will be made to ensure that bids are a minimum of thirty-six (36) hours per week and not more than 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.   

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 Union.  

Notwithstanding the above, no bid shall exceed five (5) days in any week, with the exception of the Northwest Explorer, or other similar service, which is bid on a six (6) days on, three (3) days off cycle.

During the Spring Quarter at the University of Washington, the Night Ride will be considered a minimum bid, regardless of actual number of hours worked.

During the bid period of April 15^th through September 30, all full time drivers will be exempt from being assigned to a scheduled shift, but may, of their own preference, bid a shift.  

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.  

A Driver who initiates, sells, and services, a new charter customer may drive such trips. However, if in so doing, the Driver leaves a vacancy, the Employer must be able to make arrangements for a substitute driver, which saves the Employer from any additional costs.  

Where is can be determined that a scheduled Driver will be on an approved absence for ten (10) or more calendar days, such work showing 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.  

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.  

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.  

When forces are reduced, employees will be furloughed in the reverse order of seniority and will retain their seniority date. 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. Employees will be called back to service in order of their seniority.

The Employer shall give one (1) week notice of layoff to affected employees. Similarly, employees wishing to terminate their employment shall give one (1) week notice to allow the Employer to hire an adequate replacement. Furloughs affecting any Driver making 1200 or more hours in a contract year will be put up for bids with highest seniority taking the bid; or, if no bids are received, furlough will occur from lowest seniority backward.

Any employee furloughed and recalled for work must return within seven (7) workdays when unemployed and within two (2) weeks when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. Failure to report for service within these time frames may result in forfeiture of seniority and in the employee being considered no longer employed.

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:

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.

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.

All investigations will be fair and impartial. All parties concerned have the right to be present, and the employee and/or designated union representative shall have the right to question all witnesses and read all papers and related documents. The "aggrieved party" must be present for the grievance hearing.

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 five (5) 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 the supervisor, then;

Step II. Such written grievance shall be presented within seven (7) calendar days by the employee, with the assistance of his or her representative to the General Manager, or, in the General Manager's absence, his or her designated representative. The General Manager shall give written answer within seven (7) workdays from the date of the receipt of the written grievance.

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 meet within ten (10) calendar days in an attempt to resolve the grievance. If the parties are unable to resolve the grievance, the official of the Company shall provide the Union with a written answer within five (5) calendar days of the initial meeting between the official and General Chairperson.

If any employee claims to have been unjustly discharged or suspended during the term of this Agreement, his or 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 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 Union.

Should the Employer and the Union be unable to agree upon appointment of an arbitrator, he or she will be selected from a list of seven (7) qualified arbitrators supplied by the Federal Mediation and Conciliation Service. The Employer and the Union shall alternately strike one name from such list, and the sole remaining name shall be appointed as the arbitrator. The arbitration shall be convened and the matter in dispute shall be heard as expeditiously as possible after the arbitrator has been selected. The arbitrator shall render his or her decision within thirty (30) days, if possible, after the close of the hearing on the issues.

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 expenses of the arbitrator and all other expenses of the arbitration, other than those incurred by each party in the presentation and preparation of its own case, shall be shared equally by the parties.

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 parties will endeavor as much as possible to set hearing dates that comply with the time limits specified above.

The time limits referred to in this Article 11.05 must be strictly adhered to, but may be waived by mutual agreement m writing. Failure on the part of the Employer to render a decision within the time period specified as described above will cause the Employer to grant the remedy requested by the aggrieved. It is the intent of the parties that all procedures set forth herein shall be complied with as expeditiously as practicable. Whenever practical, written reprimands will be given to employees within seven (7) calendar days of the event causing the reprimand or within seven (7) calendar days of the date the Employer becomes aware of the offense, and, within the same time period, a copy of the reprimand will be given to the Union Representative who will acknowledge receipt of same. Written reprimands, three or more years old, will not be used for the purpose of progressive discipline, but shall remain a permanent part of the employee's personnel record.

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 per driver, 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 female and male Drivers. All rooms will be considered non-smoking unless both occupants agree otherwise.

Drivers scheduled to work or called in by the Employer for intrastate 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 are 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 work day 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.

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.

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 meal time.

Charter trips in excess of twenty-four (24) hours shall be paid in accordance with Article 12, Section 12.03.

Drivers on Interstate charter trips will be paid a minimum of two hundred and forty (240) miles for each twenty-four (24) hour period for trips not exceeding forty-eight (48) hours and will be paid a minimum of two hundred and sixty (260) miles for each twenty-four (24) hour period for trips that exceed forty-eight (48) hours duration.

Time begins when the Driver is required to report for each twenty-four (24) hour period.

Drivers shall be on an elapsed time basis for each twenty-four (24) hour period. For all on duty time, actual mileage will be paid, or twenty-four (24) miles per hour of elapsed time, whichever is greater.

Time ends during each twenty-four (24) hour period when the coach arrives at that day's destination and the chartering party has no further need for the coach.

Training.  Employees may be required to attend a maximum of twenty-five (25) hours of training Meetings per year at times prescribed by the Employer.  Employees will be paid the appropriate rate during such training meetings.  

All cushioning time (travel time) required by the Employer shall be paid at the Federal Minimum Wage per hour with a two (2) hour minimum or actual time in transit.  This includes travel by aircraft or other forms of transportation.

Per Diem - Employees on trips in excess of twenty-four (24) hours duration will be paid $28.50 per day for meal expense ($9.50 per meal).  Effective 11/1/01, per diem will be increased to $29.25 per day ($9.75 per meal). Calculation of per diem shall start when a Driver reports for the specific charter or combination of charters greater than twenty-four (24) hours duration.  Each subsequent four (4) hour period (maximum three (3) per twenty-four (24) hour period) shall provide one (1) meal allowance.  Drivers on trips of less than twenty-four (24) hours duration but requiring eight (8) consecutive hours off duty will be paid for one (1) meal.  

Sightseeing Right - No Driver shall be required to drive more than two (2) back-to-back intra - city sightseeing tours, except in an emergency a Driver may be required to drive a third tour. This shall not apply to the trolley tour program.

Fares and Loss of Money - Drivers shall not be responsible or liable for the refusal of passengers to pay proper fares. It shall be the duty of Drivers to report such passengers to the Employer. Drivers shall not be responsible for loss of money or property due to robbery.

All full time non-bid shift drivers shall be entitled to bid two (2) guaranteed days off during each workweek.  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 days(s) off per the terms of Article 9. 

On all scheduled, charters and tours, when the driver is paid on an hourly basis, fifteen (15) minutes of paid time shall be paid at the end of each day, in addition to operating hours, for the preparation and submission of required paperwork. This section does not apply when the Driver is paid on a mileage basis nor when the Driver has not been working the last fifteen (15) minutes of a three (3) hour minimum.

Mechanics and Service Employees shall be guaranteed eight (8) hours pay for each day worked.  Mechanics, Service Employees and Coach Cleaners will be paid time and one half (1.5) for all hours worked in excess of forty (40) hours in any one week.  Drivers will be paid time and one half (1.5) for all intrastate hours worked in excess of forty (40) in any one week.  The workweek is defined as Monday through Sunday.  

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. 

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, which ever 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.  

In the event that a Driver has a question regarding his/her pay, the Driver may request a copy of the payroll work sheet, which was used to calculate the Driver’s pay.  This work sheet will be provided within two (2) days, excluding weekends and Holidays.  Should the issue not be resolved, a payroll inquiry may be submitted to the Employer who will respond to such inquiry within three (3) working days.  

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.

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.

Leave of absence will be granted to all employees who have been employed for twelve (12) consecutive months or more and have worked a minimum of 1,250 hours in the previous twelve (12) months for the following reasons:  

to care for the employee's child after birth, or placement for adoption or foster care;

to care for the employee's spouse, son or daughter, or parent who has a serious health condition;

a serious health condition that makes the employee unable to perform the responsibilities of their job classification.

Leaves of absence for reasons indicated in Section 14.02 will be granted for up to twelve (12) 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.

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.

While on a leave of absence the individual's employment will be deemed as not having been interrupted providing he/she returns to work at the expiration of the leave and his/her employment was not previously terminated by management. If an employee does not return to work at the expiration of a leave of absence, accepts other employment, or applies for unemployment compensation, the employee will be considered to have voluntarily resigned and the effective date of termination will be retroactive to the last day of work or a date determined by management.

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.  

For full time drivers and shop personnel, three (3) days paid bereavement shall be granted for the death of any immediate family member.  Immediate family shall be defined as spouse, children, parents, siblings, and spouse’s parents.  

Time off without pay may be granted for family members not listed in 14.06(a).  

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 or 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.  

The Employer will grant a paid leave of absence for an employee with two or more years of service with a serious health condition as defined by the FMLA, of more than 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.

The above allowances will be paid during the period of disability, as certified by a licensed Doctor of Medicine, and these amounts will be reduced by any payments received from other insurance or statutory programs to which the Employer contributes on the employee's behalf.

The Disability Leave of Absence runs concurrently with the Family Medical Leave, but excludes Washington Family/Child Care Leave.

The maximum pay allowances referred to in the table shown above are per contract year and unused allowances are not accrued from year to year. Any leave which extends from one contract year into the next will be considered one continuous leave in the contract year in which it began. (Eligibility for pay continuation for a leave in the new contract year will commence after the employee has returned to work for two consecutive weeks, unless the new leave arises from different and unrelated causes.)

Benefit Entitlements While on a Disability Leave - During a GLS Disability Leave, the employee may continue coverage under the prevailing insurance programs for the duration of the leave and under the conditions coverage would have been provided if the employee had been continuously employed for the duration of the leave.

The employee is required to continue to make his/her normal premium contributions during the entire leave of absence. While on a paid leave, the Employer will continue to make payroll deductions to collect the employee's share of the premium.

If the employee elects not to return to work after the expiration of his/her leave, the employee may be required to reimburse the Employer for all health insurance premiums paid by the Employer during his/her leave.

Upon notification of request of termination, the Employer will provide the employee with information pertaining to continuation of health benefits at the prevailing premiums.

Outside Employment - If the employee is eligible and the leave 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.

The Employer requires Drivers to be attired in a uniform consisting of a specified shirt, tie and trousers at all times when on duty.  The Employer will furnish all full time Drivers with four (4) shirts, two (2) ties, two (2) pair of trousers, and one pair of steel toed safety shoes each year.  For part time Drivers, the Employer shall furnish each year one pair of steel toed safety shoes and one-half (1/2) of the number of uniform clothing items noted in the preceding sentence.  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 Company’s 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, light-weight shirts for Airport Express in the summer months, etc.) may be worn if they meet the specific standards established by the Employer.

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.

The Employer will furnish each Mechanic, Service Employee and Coach Cleaner four (4) coveralls each week.  Also, each shop 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 $20.00 per month worked during the contract year.

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.

The Local U.T.U. Chairman or designated representative of the Union shall be permitted to inspect the dispatch sheets at any time, provided that this does not interfere with the dispatchers' performance of their duties.

The U.T.U. Chairman will be provided with copies of all notices of disciplinary action (written warnings, suspensions and termination) on a timely basis.

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 used 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.

Payroll shortages and omissions over $50.00 which are the fault of the Employer, shall be paid by special check, if requested by the employee.

Vacations shall be earned by all Mechanics, Service Employees 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 through 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:

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 1200 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 a 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.  

The Employer will grant vacations in accordance with a vacation sign-up block. As a general guideline, Drivers on vacation and leave of absence at any one time, shall be restricted as follows:

Mechanics, Service Employees, and Coach Cleaners during the period of May 1 through September 30 shall be restricted to no more than one (1) person on vacation oat any given time for a maximum period of one week at a time.  

The Employer may designate blackout dates, and shall past them in accordance with procedures set forth in 17.02.  

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.

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.  

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.

When the services of an employee are terminated, regardless of cause, vacation pay will be prorated and paid with their final paycheck.

The Employer shall arrange for medical and dental insurance coverage for employees covered by this Agreement and shall fund this insurance at a rate of $187.00 per month.  Effective 11/1/01, funding will be increased to $190.00 per month.  Should the monthly insurance premium be greater than the amount funded by the Employer, the Employer is authorized to deduct the additional amount necessary from the employees’ pay.  Employees who have medical/dental elsewhere, and provide the Employer with proof of such other coverage, will be permitted to opt out of the Employer provided insurance program.  If an employee opts out of the Employer provided insurance program, then the employee may choose between two additional alternatives.  First, the employee may elect to have an extra $60.00 included in his or her taxable compensation each month. This $60.00 (net of applicable taxes) may be received in cash or may be deposited into the Pension and Savings Plan as an employee voluntary after-tax contribution.  

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.

Eligibility for insurance coverage shall be determined on November 1 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.  

The Employer will payroll deduct the health insurance premium for any employee who works less than forty (40) hours in any one (1) calendar month. If a Driver has fulfilled the 1500-hour eligibility requirement in the preceding contract year they will not be required to pay this premium provided they have maintained full-time availability in the current calendar month.  This does not limit the Employers right to furlough Drivers as provided in this Agreement.

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:

Eligibility for enrollment in the Pension and Savings Plan shall be determined on November 1 of each year and eligible employees shall include all employees covered by this Agreement achieving a minimum of 1200 hours worked during the preceding twelve (12) months.

The Employer will make contributions to the Pension Plan for eligible employees who work a minimum of 1800 hours during the preceding twelve (12) months at a rate of $.95 per hour worked up to a maximum of 170 hours per month per employee.  Effective 11/1/01 the Employers contribution will be increased to $1.00 per hour. On runs where drivers are compensated based on miles, the Employer shall award eight (8) hours for any twenty-four (24) hour period worked, regardless of miles driven, for purposes of making pension contributions.  

For purposes of vesting, the following schedule shall apply:

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).

All Plan administration costs and fees shall be paid from the Plan.

Voluntary employee contributions will be allowed up to a maximum set by IRS Regulations. Such contributions can be made through regular payroll deduction service provided by the Employer up to a maximum allowed by the IRS in amounts of not less than $30.00 per month or $15.00 each pay period. All voluntary contributions by employees are 100 % vested for the employee at all times. Voluntary amounts contributed may be changed by the employee once every six months.

It is the Employer's intention to submit the Pension and Savings Plan to the Internal Revenue Service for a ruling on its qualified standing under Section 401 (a) of the Internal Revenue Code. In the event the Internal Revenue Service requires modifications to the Plan in order for the Plan to be a qualified plan, such modifications shall be completed as required.

Wages and rates of pay for all employees covered by this Agreement are listed in Schedule A attached.

It is recognized that in order for the Employer to obtain business and retain valued customers it may occasionally be necessary for the Employer to sell intrastate or interstate contract charter trips at less than the Employer's published tariff. It is agreed that when this occurs, the hourly wage rate or mileage 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 or mileage 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 - Westours 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 paragraph.

The parties agree to maintain high standards of safety, health, sanitation and working conditions throughout the Employer's operation.

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.

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 of himself/herself or others, may refuse to operate the equipment. In the event of disagreement, the complaint shall be processed via the Grievance Procedure.

It shall be the Employer's responsibility to direct the repairs as necessary to conform with the safe and efficient operation of the equipment.

Drug / Alcohol Testing  

The Employer and the Union are committed to a safe and efficient work environment, which is free from the effects of alcohol and controlled substances. This agreement is intended to protect employees and the public.  

All testing for controlled substances / alcohol shall conform to 49 CFR Part 40, FMCSR 382 and any other applicable regulations. Tests shall include pre-employment, random, reasonable suspicion, and post-accident. For information pertaining to these testing categories please see the appropriate regulation.  

For any regulated driver as defined by FMCSR 382.107, any positive screening for alcohol or controlled substances will, after automatic confirmation testing, result in the immediate termination of employment with loss of any and all company sponsored bonuses or incentives. If the test result of the primary specimen is positive, the employee may request that the MRO direct that the split specimen be tested in a different DHHS- certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the employee having been notified of a verified positive test result. If the employee chooses to have the second (2nd) sample analyzed, he/she shall at that time execute a special check-off authorization form to ensure payment by the employee. If the employee chooses the optional split sample procedure, and so notifies the Employer, disciplinary action can only take place after the first (1st) laboratory reports a positive finding and the second (2nd) laboratory confirms the presence of the drug (s). Action required by DOT agency regulations as a result of a positive drug test is not stayed pending the result of the test of the split specimen. If the second (2nd) laboratory report is negative, the employee will be reimbursed for the cost of the second (2nd) test. It is also understood that if an employee opts for the split sample procedure, contractual time limits on disciplinary action are waived.  

The result of the test of the split specimen will be transmitted by the second laboratory to the MRO. If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the employer, and the employee.  

The Company does not offer rehabilitation for controlled substance / alcohol abuse, but does encourage such counseling. The Company will provide a list of EAP providers to all employees.  

When selected and notified according to CFR Part 40, and / or FMCSR 382, refusal by an employee to submit to a controlled substance / alcohol screen will result in termination. If the employee is unable to produce the necessary amount of urine, he/she shall be given up to 40 ounces of fluids to drink and shall remain at the collection site under observation until able to produce the necessary amount of specimen for a period of up to three (3) hours. If the employee is still unable to produce the necessary amount of specimen, the Employer shall direct the employee to undergo an evaluation by a licensed physician concerning the employee’s inability to provide an adequate amount of urine. If the physician concludes that there is no medical condition that would preclude the employee from providing an adequate amount of urine, the employee will be considered to have refused the test. If an employee is unable to provide a sufficient breath sample for analysis, the procedures outlined in the DOT regulations shall be followed for all employees. Absent a medical condition, as determined by a licensed physician, the employee’s failure to provide an adequate amount of breath will be regarded as a refusal to take the test.  

Each employee must attend the drug / alcohol screen at the appointed time and facility, failure to do so will be considered a refusal to submit to the controlled substance / alcohol screen, and will result immediate termination.  

Many medications have different effects on different people. Employees taking medications that have the potential for adverse effects on judgment, alertness, coordination, reaction, or response should be aware of such potential and discuss the possible effects with their physician. It is understood that any employee who considers his or her ability to perform in a safe manner to be impaired by the medication he or she has taken and informs an appropriate supervisor before reporting for duty will be relieved of his or her shift and will not normally be subject to discipline.

The Employer and the Union agree to schedule a Union - Management meeting two (2) times per year prior to posting summer and fall bids, or as often as required, during the life of this Agreement. The meetings shall serve as a forum for discussion and consultation about policies and practices not necessarily covered by the Collective Bargaining Agreement. The areas for discussion shall include but not be limited to:

hiring policies;

discipline and discharge policies;

training and promotion;

safety measures;

matters that affect the working conditions of the employees;

run structures.

The Union and the Employer shall appoint an equal number of representatives to the Union - Management Committee. The minutes of these meetings shall be taken by a mutually agreed upon person and made available to the Union Chairman and the General Manager of Evergreen Trails, Inc.

It is agreed that neither the Employer nor the U.T.U. shall discriminate against any employee with respect to race, color, religion, age, sex, national origin, marital status or disability.

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.

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.

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 Union.

This Agreement is subject to amendment, alteration or addition, only by a subsequent written Agreement between, and executed by, the Employer and the Union. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of such term or condition.

This Agreement shall be in full force and effect from November 1, 2000 through October 31, 2002 and shall continue thereafter from year to year unless either party proposes changes in the terms of the Agreement.  Should either party wish to propose such changes, notice shall be given in writing not less than sixty (60) days before the first (1st) day of November of the year when such changes are to go into effect. Such notice shall be delivered by United States Certified Mail.

 

For U.T.U. Local 161: Brian Donald U.T.U. Chairman U.T.U. Vice Chairpersons: Rodney Overgaard Lem Austin Norm Wherrett Ceasar Carmona Richard Peterson

For Evergreen Trails, Inc.: David Beagle Vice President, HALW Gerry Topping Director, Human Resources, HALW David Gudgel General Manager, GLS Greg Griffin Human Resources, HALW Mollie Jones Operations Manager, GLS

This schedule describes all rates of pay and other forms of compensation for employees covered by this Agreement:

Promotion to any Mechanic classification will depend on such position being available and the employee must have demonstrated capability for such promotion during the prior twelve (12) month period.

Service Persons

Hourly Wage Rates

Promotion to any Service Person classification will depend on such position being available and the employee must have demonstrated capability for such promotion during the prior twelve (12) month period.

Coach Cleaners

Hourly Wage Rates

No Coach Cleaners 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 as follows:

Effective 11/1/97

The Employees rate of pay in effect on 10/31/97 will be increased 1%.

Effective 11/1/98

The Employees rate of pay in effect on 10/31/98 will be increased 3%.

Effective 11/1/99

The Employees rate of pay in effect on 10/31/99 will be increased 3%.

Drivers

Full Time Driver Wages

Part Time Driver Wages

Part time driver rate conversion:

$10.25 and below:                $10.25

Above $10.25:                     Full time rate (once 3000 hours are worked) 

 * The Employer agrees to pay $11.72 as a straight time rate to all drivers currently earning the rate of $11.72, through March 31, 2001.  After March 31, 2001, this rate will be as indicated above.

Airporter and Victoria Schedule 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).

Narration - Drivers will be paid $10.00 per day for narration on all Driver narrated tours in excess of three (3) days duration when the Employer is asked to provide narration.

Chain-up - Drivers will be paid $6.00 per day when required to install chains.

Safety Incentive Program - Regular 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 (3.5) percent of the 3rd 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.

Trolley Ticket Sales Bonus - At the end of each month the Employer will pay a bonus of twenty-five cents ($.25) for each Trolley Ticket sold by a Driver of the Trolley Tour.

For the purpose of administering the Safety Incentive Program the following guidelines apply:

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.

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.

The Safty Department will decide issues related to accident preventability, subject to Article 11.

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 driver's bonus for the half yearly period as outlined above.

Letter of Understanding

Evergreen Trails, Inc., d/b/a Gray Line of Seattle and

United Transportation Union, Local 161

January 29, 2001

Regarding the Tentative agreement signed on December 8, 2000, pursuant to the terms of Article 12.09, drivers on extended trips of ten (10) calendar days or greater shall be guaranteed a day off immediately prior to and immediately following his or her return from the extended trip. If a driver is awarded and accepts a trip leaving the day immediately following his or her return from an extended trip, he or she shall forfeit the days off between the two trips.

Letter of Understanding

Evergreen Trails, Inc., d/b/a Gray Line of Seattle and

United Transportation Union, Local 161

January 29, 2001

Regarding the tentative agreement signed on December 8, 2000, the parties agree that solely for the purpose of converting interstate miles to an hour equivalent, thirty (30) miles will equal one (1) hour. It is understood that this Letter of Agreement shall have no effect on Articles 7.01 (c) or 12.03 (b).

Letter of Understanding

Evergreen Trails, Inc., d/b/a Gray Line of Seattle and

United Transportation Union, Local 161

January 29, 2001

Regarding the tentative agreement signed on December 8, 2000 the parties agree that properly received requests for drivers shall be incorporated into the workweek. Such requests will 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 or equivalent, in a workweek.

Letter of Understanding

Evergreen Trails, Inc. d/b/a Gray Line of Seattle

And

United Transportation Union, Local 161

March 9, 2001

Regarding the Tentative Agreement signed on December 8, 2000, the parties acknowledge that it is not possible to predict with certainty the effect of proposed changes to the compensation system and dispatch procedure.  To address concerns regarding the economic impact to drivers on an individual and personalized basis, the Company will provide a wage guarantee based on the criteria below.

An average hourly wage rate for each individual driver will be determined based on all intrastate hours worked at both the straight time and overtime rates.  For the period of November 1, 2000 through October 31, 2001, this average hourly wage rate will be compared to $11.72 for full time drivers or the appropriate escalator rate for part time drivers.

For the period of November 1, 2001 through October 31, 2002, this average hourly wage rate will be compared to $12.00 for full time drivers or the appropriate escalator rate for part time drivers.

If the average hourly wage rate for an individual driver is greater than or equal to the guaranteed average rate for that period, no action will be taken and the employee will retain his or her financial benefits accordingly.

If the average hourly wage rate for an individual driver is less than the guaranteed average rate for that period, the Company will multiply this difference by the total number of intrastate hours worked by that individual in the period, and distribute the subsequent amounts, minus applicable deductions.  Such payments, if necessary, will be disbursed no later than December 15^th following the applicable period. 

This guarantee will apply only to those employees who are members of the union at the time of ratification of the Collective Bargaining Agreement.  Furthermore, this guarantee shall not reflect any changes to the contractual base wage rates.