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 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.
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 this 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 of 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 All part
time drivers added to the job classification covered by this agreement shall on
the sixty-first (61st) day in the classification, beginning with the
first day in revenue service, apply for membership in the union. All Drivers added
to the job classification covered by this Agreement shall apply for membership
in the
4.02 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 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, or 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. employment
or transfer. In the case of new employees only, such notification
shall include the mailing address of the new employees who have begun
service. Upgrades within Maintenance
classification with Schedule B shall be administered and reported as
follows: Twice each year, during the
periods March 1-31 and October 1-31, Maintenance employees may submit Schedule
Bs for review by the Maintenance Manager.
The Maintenance Manager will review the schedules, the progress made to
date, and complete assessments as required during the period. If the employee successfully completes the
requirements for the upgrade, the pay change, if any, will take effect no later
than thirty (30) days following the conclusion of the assessment period. The
5.01 For the purpose of representation with the
Employer, the
The Union has
the right to appoint officers of the
5.02 The
5.03 Officers will not absent themselves from their work to deal with grievances without first obtaining permission of the Employer. Permission will not be withheld unreasonably.
5.04 There shall be no Union activity on 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 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.
7.01 Regular Drivers are employees who are listed
as such Regular Drivers on
the driver roster maintained by the Employer. Drivers must be fully qualified to
lecture sightseeing trips in the 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.
a.
No later than the
15th day of each month, On November 1 of
each contract year, the Employer will add to the roster of Full
Time Drivers any Driver who has worked six (6)
consecutive months with an average of thirty (30) paid hours per week,
exclusive of any paid entitlements provided for in the Agreement except Article
14. 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.
b.
A Driver who meets
the hours requirement above will have the option to become a Full-time Driver,
or remain in the category of Part-time Driver. A Driver who elects to become
full-time and wishes to qualify for health care and pension benefits, must
satisfy the eligibility requirements for these benefits set forth in Article 18
and 19 of the Agreement. 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.
c.
A Driver listed on
the roster as Full-time must maintain 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 meet all other requirements
of a Full-Time Driver set forth in Section 9.01D. of the Agreement. Full-time Driver status will be lost by a
Driver who fails to maintain full-time availability, except as provided for 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.
7.02 Part Time Drivers - The Employer and the 1200 hours
per contract year or Drivers electing not to go full time.
7.03 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 there from, while performing such work and retain the right to refuse such work if transit wages are below current union scale.
7.04 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 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 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 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.
9.01 Assignment of Drivers will take into consideration the Driver's seniority, qualifications, and availability. In making Driver assignments, the following procedures will be observed:
1.
Drivers will
determine preference for type 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. Non-bid
work will be divided by inter and intra state categories.
a.
Charter/Tours
b.
Scheduled Service
– Airport Express, Nite Ride, or other services
designated by management.
c.
Sightseeing – Any
per capita GL product requiring narration.
d.
Interstate or
Intrastate or both.
The
Employer will assign qualified drivers to available work through forty (40)
hours in a given work week based on their seniority, preference, and qualifications. The work week is defined as Saturday through Friday. Assignments will be made in seniority order
by category (first: full-time, second: part-time) and within category. Should there not be sufficient work at time
of assignment to provide a driver forty (40) hours of work within his/her
availability, new moves received after initial assignments are made on the day
prior to work being performed will be given to the next available, qualified
Driver by seniority or added to existing hours based on efficiency and
seniority. Drivers not indicating a
particular preference will be assumed to be available for all work.
To
effect the transition to the new workweek after ratification of the Agreement,
the Employer will pay overtime on anything over forty (40) hours
that was worked in the workweek beginning the first Monday after ratification
through Friday of the following
week. The next day, Saturday, will start the new workweek.
2.
During the period May 16 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 May 15,
Drivers will receive their daily assignments two (2) days prior to the day in
which the work is to be performed. Drivers are required to call in to confirm
work between 1000 and 1500 hours (10:00 a.m. and 3:00 p.m.) of the day prior to
the work. A Driver who makes contact
with the Dispatch Office during these hours will have satisfied the requirement. If a Driver fails to confirm work as
described above, the work will be treated as hours worked in dispatching of
further work for the workweek. The work will be assigned by seniority to the
next available, qualified driver who has not yet received an assignment or the
work will be added to existing hours based on efficiency and seniority. 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
4.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).
4.
7.3.
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 scheduled 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.
8.4.
For the purposes
of assignments only, all one-way cruise transfer moves will be considered to be
eight (8) hours. All round-trip cruise
transfers will be considered to be eleven (11) hours. All other interstate moves will be assigned
based on the projected hours to be worked.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
1.
a.
All work except moves
of two (2) nights’ duration or greater on a single CBO are paid actual hours
worked and are subject to overtime with a minimum eight (8) hour guarantee per
day.
b.
Interstate moves
of two (2) nights’ duration or greater on a single CBO are not subject to
overtime and are paid at the greater of eight (8) hours or actual hours worked.
c.
Intrastate moves
of two (2) nights’ duration or greater on a single CBO are subject to overtime
and are paid at the greater of eight (8) hours or actual hours worked.
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.
2. When
the Employer determines that overtime in the workweek is required, it shall be
assigned to drivers in seniority order. Day(s) off will not be affected by
these assignments, unless the driver has released his/her day(s) off. Overtime shall be assigned to full time
drivers after all part-time drivers have been assigned forty (40) regular hours
of work against their declared availability in the workweek in which the
overtime is required. Overtime
will not be assigned outside the hours of the drivers declared availability if
other drivers are available. New
charters or changes booked on the actual day of operation are exempt from this
requirement.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
3. A day off
release board will be posted 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. 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.
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 (2:00
PM) four (4) 1600 hours (4:00 PM) eight 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.
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/TourDrivers
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 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 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 driver meeting the criteria above may be
requested. No driver will endeavor to
solicit name requests from any account.
Properly
received requests 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 in a workweek.
Where the Employer chooses to assign additional work beyond forty (40)
hours, it shall be in accordance with Section 9.01B.3 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 the 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
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.
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 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.
b. 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.
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
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.
9.03 During the bid period of April 15th 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.
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.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
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 listing 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.
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
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 January) 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.
b.
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).
c.
As there are peak
demand days during ski season, the employer will suspend all minimum
requirements for ski bids as outlined in Article 9.02 only during official
ski season bid cycle. This does not
apply to regular bid minimums.
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.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.
10.01 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.
10.02 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.
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
outlined 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 know 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 furlough
occurred. To receive this additional month of coverage, the employee must have
paid his/her share of the regular monthly healthcare premium, if applicable,
in advance by check or money order, made payable to Holland
America Line Inc.
11.01 A grievance is defined as a claim or dispute concerning the meaning and application of the expressed written provisions of this Agreement. All differences, disputes, suspensions, discipline and discharge cases, commonly referred to as grievances, between the parties of this labor agreement, shall be disposed of as follows:
11.02 An employee will not be dismissed from the service of the Employer without sufficient cause, however, the employee has the right to appeal any action, as provided by these rules, in the event he/she considers the removal from service to be without just cause.
11.03 The Employer agrees in the event of breach by an employee of its written rules or regulations, that it will render discipline as speedily as proper investigation of the case will permit.
11.04 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.
11.05 Any grievance involving the interpretation or application of this Agreement will be processed in the following manner:
Step I. Before filing a formal
grievance, the employee shall present the claim to his or her immediate
supervisor within seven (7) calendar days of the date of receipt by the
employee of the notice of the disciplinary action or occurrence of the event
giving rise to the claim, or it shall be deemed waived. If the issue is not
resolved within seven (7)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 may convene a hearing within seven (7) calendar days of receipt
of the grievance and shall give written answer within seven (7) calendar days
of the close of the hearing or, where no hearing is
held, from the date of the receipt of the written grievance.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 first meet
within ten (10) calendar days of the Company
official’s receipt of the Step III grievance appeal and may convene additional
meetings as agreed by the parties in an attempt to resolve the
grievance. If the parties are unable to resolve the grievance, the official of
the Company shall provide 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
Should the
Employer and the
Any decision by the arbitrator shall be final and binding upon the parties concerned. It is understood and agreed that the arbitrator shall confine himself or herself to the issues submitted for arbitration and shall not have any power to add to, alter, or amend any of the provisions of this Agreement.
The 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.
12.01 The Employer is to arrange and provide
suitable accommodations for each driver on all charters and tours. Where
reasonably available, suitable accommodations will include a double bed 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.
12.02 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 oneare
half (1.5) hours after the initial three (3) hour guarantee period has ended.
If the next dispatch is less than one and one half (1.5) hours after the end of
the initial guarantee period, he/she shall be paid for the total elapsed time
from their initial report time. No Driver will be paid for more than two (2)
guaranteed three (3) hour periods per workday and during any three (3) hour
guarantee period a Driver may be required to work multiple dispatches.
Exception to this provision is contract work, which shall be paid based on
actual time worked, however, a Driver may refuse contract work with no penalty.
A maximum of fifteen (15) hours per twenty-four (24) hour period will be paid.
a. Time begins when the Driver is required to report for duty and ends when they are relieved from duty or when the coach is delivered to the designated place and the Driver is relieved from duty.
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.
b.
b.Charter
trips in excess of twenty-four (24) hours shall be paid in accordance with
Article 12, Section 12.03.
c.
12.043 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.
12.054 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.
12.065 Per Diem: Effective with
ratification - Employees on trips in excess of twenty-four (24)
hours duration will be paid $28.50 $30.00
per day for meal expense ($9.50 $10.00
per meal). Effective 1,
per diem will be increased to $29.25 $30.75
per day ($9.75 $10.25 per
meal). Effective
12.076 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.
12.087 Change Funds, Fares
and Loss of Money -– A
Driver performing services requiring the sale of tickets and the making of
change will be issued change in the amount of $50 and a supply of tickets for
each applicable shift. The Driver must
sign for these items from dispatch prior to the beginning of his/her
shift. For those shifts beginning
outside of regular dispatch hours, the Driver must sign for these items on the
last day worked prior to the commencement of the shift requiring such funds. At the conclusion
of the shift, the Driver will submit the change funds, unused ticket stock,
proceeds from the day’s sales and driver paperwork in his/her drop. Failure to include all items listed above
in the daily drop will result in progressive discipline, up to and including
termination. A Driver Drivers
shall not be responsible or liable for the refusal of passengers
to pay proper fares. It shall be the duty of the Drivers
to report such passengers to the Employer. Drivers shall not be responsible for
loss of money or property due to robbery.
12.098 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.
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.
12.0109 On all scheduled services,
charters and tours, fifteen (15) minutes of paid time shall be paid at
the end of each day, in addition to actual hours worked, for the preparation
and submission of required paperwork.
This does not apply to minimums except when the actual hours worked are
equal to three (3). 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
12.110 Mechanics, and
Service Employees, and Coach
Cleaners shall be guaranteed four (4)
eight (8) hours pay for each day
worked. This shall not
apply in cases where the employee initiates a request to leave before being
released by his/ her supervisor. Mechanics,
Service Employees and Coach Cleaners will be paid time and one half (1.5) for
all hours worked in excess of forty (40) 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, except as provided for in 9.01B1. The workweek is defined as Monday through
Sunday.
a. The Employer shall pay eight hours of time to each Mechanic and Service Employee for Thanksgiving and Christmas. Mechanics and Service Employees who work on these holidays will be paid for eight hours of time in addition to those hours actually worked.
12.121 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.
12.132 Beginning with the
first distribution of payroll in 2004, the Company will include a payroll
detail sheet to include hours paid per day for each day of the pay period. In the event there is a discrepancy between
this detail and the Driver’s recordsIn
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 business
days.
For
the period beginning
12.13 Shop employees
will receive a minimum of forty eight (48) hours notice prior to any change of
assigned work shifts, however, this does not apply in emergency situations.
13.01 The Employer shall compensate employees for the difference between their regular wages and payment received while performing Jury Duty provided the employee would have worked on a particular day based on seniority to a maximum of eight (8) hours per day. This compensation is limited to the first fifteen (15) workdays lost because of such duty. An employee who reports for such service is excused there from shall immediately contact his immediate supervisor and report for work, if requested. In order to be paid by the Company for such leave, the employee must submit to the Operations Manager written proof, executed by the administrator of the court, of having served, the duration of such service and the amount paid by the court for the service.
14.01 An employee requiring time off of more than five (5) days duration for any reason may be granted a leave of absence without pay. Employees requiring a leave of absence must submit a written request explaining the reasons for the absence.
14.02
14.02
An employee who
has worked at least twelve (12) months and for at least one thousand, two
hundred and fifty (1,250) hours during the twelve (12) consecutive months
immediately preceding the commencement of the leave, may be granted a Family
Medical Leave without pay of up to twelve (12) workweeks in the event of one of
the following circumstances:
(a) The birth of a child of the employee, adoption or placement for foster care of a child.
(b)
To care for a
spouse, child, or parent (not including parents-in-law) suffering from a
serious health condition. “Child” is
defined to include biological, adopted, foster, or step child under age 18, or
a child eighteen (18) or over who is incapable of self-care
due to a mental or physical disability.
(c)
A serious health
condition of the employee
If
a parent or child of two employees of
the Employer has a serious health condition, the Employer is not required to grant family
leave to both employees simultaneously.
Earned paid entitlements may be applied to unpaid Family Medical Leave
at the employee’s request.
Upon
the employee’s return, a doctor’s certificate stating that the employee is
physically able to return to his normal duties will be required for employees
with a serious medical condition as defined by the Family Medical Leave Act.
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;
a.
a.to
care for the employee's spouse, son or daughter, or parent who has a serious
health condition;
b.
b.a
serious health condition that makes the employee unable to perform the
responsibilities of their job classification.
14.03 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.
14.04 For leaves requested for reasons other than those indicated in Section 14.02, the Employer shall advise approval or rejection of the leave of absence request within fourteen (14) calendar days. These leaves will not ordinarily be approved for more than six (6) months duration and Should the approved leave of absence exceed three (3) weeks, the employee must pay the total premium for coverage under the prevailing insurance program provided by the Employer with a check in advance of the premium due date. Should the employee fail to make the payment on a timely basis, the Employer shall have the option to remove the employee from the insurance program.
14.05 While on a leave of absence the individual's employment will be deemed as not having been interrupted providing he/she returns to work at the expiration of the leave and his/her employment was not previously terminated by management. If an employee does not return to work at the expiration of a leave of absence, accepts other employment, or applies for unemployment compensation, the employee will be considered 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.
14.06 While on an approved leave of absence for sickness, death in the immediate family, military leave, or education, Drivers will be credited with thirty (30) hours per week after the first fourteen (14) days on leave. These hours will not be paid, except as provided below, but will be used when determining full time driver status.
14.07 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.
Length of Service Max. Pay Allowance per Contract Year
@$50.00 per day
2 years but less than 5 years 15 days
5 years but less than 7 years 35 days
7 years but less than 10 years 45 days
More than 10 years 60 days
a. The above allowances will be paid during the period of disability, as certified by a licensed Doctor of Medicine, and these amounts will be reduced by any payments received from other insurance or statutory programs to which the Employer contributes on the employee's behalf.
The Disability Leave of Absence runs concurrently with the Family Medical Leave, but excludes Washington Family/Child Care Leave.
The maximum pay allowances referred to in the table shown above are per contract year and unused allowances are not accrued from year to year. Any leave, which extends from one contract year into the next, will be considered one continuous leave in the contract year in which it began. (Eligibility for pay continuation for a leave in the new contract year will commence after the employee has returned to work for two consecutive weeks, unless the new leave arises from different and unrelated causes.)
b. Benefit Entitlements While on 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.
c. 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.
15.01 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, and two
(2) pair of trousers, each year
and one pair of steel toed safety shoes each year. Drivers
who operate Airport Express service may opt for Airport Express
shirts to be a part of the above “shirts”
complement. The Employer will furnish
all full-time Drivers with one pair of steel-toed safety
shoes every other year. For part-time Drivers, the Employer shall furnish
each year pair of steel toed safety shoes and one-half
(1/2) of the number of uniform clothing items noted above. in
the preceding sentence. Every
other year, the Employer shall furnish Part-time Drivers with
one pair of steel-toed safety shoes. Upon
completion of the first 750 hours worked within the contract year, part-time
drivers may order one additional pair of trousers and one shirt at the
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, etc.) may be worn if
they meet the specific standards established by the Employer.
15.02 Physical examinations required for employees covered by this Agreement will be paid for by the Employer. The Employer shall designate the examining clinic or physicians. If the Employer or the examining physician requires additional testing to cover physical examinations the Employer will pay these costs.
15.03 The Employer will furnish each Mechanic,
and Service Employee and Coach Cleaner four
(4) coveralls or equivalent (pants/shirt) each week.
Coach Cleaners will be provided with two (2) pairs
of coveralls or two (2) shop coats per week. Also, each shop employee Mechanic
and Service 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 $25.00 per
month worked during the contract year. The tool account credit is for the purchase
and/or maintenance of tools or safety equipment through Employer accounts with
suppliers. The employee may access funds from or apply charges to
his/her tool account credit in one of three (3) ways:
A.
Direct reimbursement upon proof of payment for tools or safety
equipment; or,
B.
The allowance paid and taxed as ordinary income; or,
C.
Automatic deduction from wages net of taxes for items purchased from
Employer accounts.
Should the employee choose to deposit the credit into the
Pension and Savings plan as an employee voluntary after-tax contribution, the
Employer will, first, deduct applicable taxes from the credit.
16.01 All repair and service work performed on
coaches owned and/or operated by Evergreen Trails, Inc., in Employer owned
and/or operated shops, shall be done by members of the U.T.U. consistent with
the other requirements in this Agreement. This does not exclude a Shop
Supervisor, Shop Foreman or Maintenance Manager from performing such functions.
except that, during times of furlough, they will be
limited to performing functions related to diagnosis, and or evaluation of
equipment, or instruction related to upgrades in “Schedule
B.”
16.02 The Local U.T.U. Chairman or designated
representative of the
16.03 The U.T.U. Chairman will be provided with copies of all notices of disciplinary action (written warnings, suspensions and termination) on a timely basis.
16.04 All relevant documents in an employee personnel file shall remain a permanent part of the file. All notices of disciplinary action shall remain in an employee work record, however, will not be 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.
16.05 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. within three (3)
business days.
17.01 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:
Length of Service Vacation Entitlement
as of October 31 During Next Vacation
Year (November 1 – October 31)
Less than 1 Year None
1 Year but less than 3 Years 40 hours
3 Years but less than 10 Years 80 hours
10 Years but less than 20 years 120 hours
20 Years and more 160 hours
17.02 The Employer will post a vacation sign-up block October 1 through October 21 of each year. For all employees covered under this Agreement and entitled to vacation, including those employees that achieved 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.
17.03 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:
October 1 – April 30 10% of drivers
May 1 – September 30 3% of drivers
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.
17.04 Employees may split allotted annual vacations, but must take vacations as earned in each year. If vacations are not used in a contract year, vacation time will be carried over to the end of the calendar year.
17.05 If, when taking vacations, employees desire to be off duty for a greater length of time than their earned vacation allows, they will be allowed to lay off the additional requested time, without pay, upon approval of the Operations Department.
17.06 When the services of an employee are terminated, regardless of cause, vacation pay will be prorated and paid with their final paycheck.
18.01 The Employer shall arrange for medical and
dental insurance coverage for employees covered by this Agreement and,
effective with the date of
ratification,,
and shall fund this insurance at a
rate of 187.00 $210 per
month. Effective 11/1/014,
funding will be increased to $190.00 $217
per month. Effective
Second, the employee may choose to have the $60.00 deposited into a flexible spending account for the purposes of reimbursing the employee for uninsured medical expenses. Under this second alternative, the $60.00 will be deposited into the flexible spending account on a pre-tax basis.
18.02 Eligibility for insurance coverage shall be determined 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.
18.03 A Driver who works
less than forty (40) hours of work in a calendar month, exclusive of any paid entitlements
provided for in the Agreement, shall continue to
receive the benefits set forth in Section 18.01 of the Agreement for the month
in question for a period not to exceed six (6) months in a contract year. To qualify, the Driver must have fulfilled
the 1500 hour eligibility requirement in the preceding contract year, continue
to pay his/her regular monthly healthcare premiums through payroll deduction or
by personal check and have maintained full-time availability in the month in
question. 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 for
in this Agreement.
19.01 The Employer has set up a Pension and Savings Plan and enrolled all eligible employees under the terms and conditions of the above noted Plan along with those terms and conditions noted below:
a.
Eligibility for enrollment in the Pension and
Savings Plan shall be determined onby
November
15 of each year retroactive to
November 1, and eligible employees shall include all employees
covered by this Agreement achieving a minimum of 12001000
hours worked during the preceding twelve (12) months.
b.
Effective with
ratification, Tthe
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 $1.05 per
hour worked up to a maximum of 170 hours per month per employee. Effective 1
the Employers contribution will be increased to $1.00 $1.10
per hour. Effective
c. For purposes of vesting, the following schedule shall apply:
Length of Service Percent Vested
Less than 3 years 0%
3 Years but less than 4 years 20%
4 Years but less than 5 years 40%
5 Years but less than 6 years 60%
6 Years but less than 7 80%
7 Years or more 100%
A year of service shall mean the completion of 1000 or more hours of full time service in the contract year (November 1 - October 31).
20.01 Wages and rates of pay for all employees covered by this Agreement are listed in Schedule A attached.
20.02 It is recognized that in order for the Employer
to obtain business and retain valued customers it may occasionally be necessary
for the Employer to sell intrastate or interstate contract charter trips at
less than the Employer's published tariff. It is agreed that when this occurs,
the hourly wage rate 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 shall
not exceed fifteen (15) percent. This shall only apply to contracts which
result in more than $50,000 revenue per year per contract and will not pertain
to any contracts with Holland America Line Inc., affiliates,
- 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 section.
21.01 The parties agree to maintain high standards of safety, health, sanitation and working conditions throughout the Employer's operation.
21.02 It shall be the duty of the employee to report at the end of each shift or trip, in writing, on the appropriate Employer supplied forms, all safety and/or mechanical defects on the equipment, which they operate.
21.03 A Driver who has reasonable cause to believe that the use of equipment would constitute an imminent danger (as defined by Federal Motor Carrier Safety Regulations) to the safety or health 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.
21.04 It shall be the Employer's responsibility to direct the repairs as necessary to conform with the safe and efficient operation of the equipment.
The Employer and the This agreement is intended to protect employees and
the public.
21.06 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.
22.01 The Employer and the Union agree to schedule a
a. hiring policies;
b. discipline and discharge policies;
c. training and promotion;
d. safety measures;
e. matters that affect the working conditions of the employees;
f. run structures.
22.02 The Union and the Employer shall appoint an
equal number of representatives to the
23.01 It is agreed that neither the Employer nor the U.T.U. shall discriminate against any employee with respect to race, creed, color, religion, national origin, sex, age, marital status, and veteran status or mental, sensory or physical disability.
24.01 Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any order of the National Labor Relations Board, or any decree of a court of competent jurisdiction, such invalidation of such part or portions of this Agreement shall not invalidate the remaining portions thereof, providing, upon such invalidation the parties agree immediately to meet and negotiate such parts or provisions affected. The remaining parts or provisions shall remain in full force and effect.
25.01 The Employer and the Union acknowledge that during the negotiations which resulted in this Agreement, each party had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
25.02 This Agreement constitutes the sole and entire
existing Agreement between the parties, and supersedes all prior Agreements and
commitments, whether oral or written, between the Employer and the Union, or
the Employer and any of the covered employees, and expresses all obligations
of, and restrictions imposed on, the Employer and the
25.03 This Agreement is subject to amendment,
alteration or addition, only by a subsequent written Agreement between, and executed
by, the Employer and the
26.01 This Agreement shall be in full force and
effect from the date of ratification November
1, 2000 through 2
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
and received by the other party 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.
It is hereby agreed by and
between Evergreen Trails, Inc. d/b/a Gray Line of Seattle for its operations at
4500 West Marginal Way SW (hereinafter the “Employer”) and the United
Transportation Union, Local #161 (hereinafter the “Union”) that this Agreement
shall become and is effective upon ratification by the Local Union Membership.
The Agreement, beginning with ratification, shall continue in full force and
effect until midnight,
Year 1 Year 2 Year 3
Drivers:
FT/PT@ 3000 hrs: 2% 3% 2%
Shop
Employees:
2% 3% 2%
Pension:
19.01b .05/hr .05/hr .05/hr
Health:
18.01 $20/mo $7/mo $7/mo
Per Diem:
12.06 $.25 $.25 $.25
Tools:
15.03 $5/mo
SIGNING BONUS:
Members of the Bargaining Unit at
the time of ratification shall receive a one-time signing bonus in the amount
of $1,000 for Full-Time employees, and $500.00 for Part-Time
employees. Employees eligible for
company-provided health insurance ,whether or not they have opted out of the
insurance, may apply any or all of the bonus to their monthly employee premium
on a pre-tax basis beginning with the first of the month following ratification
through
The
The
Parties having met for the purpose of negotiating a Collective Bargaining
Agreement, declare that the foregoing represents the sole and complete
Agreement between the Employer and the Union for the period beginning with the
date of ratification, to and including midnight,
The undersigned Union Committee recommends ratification of this Agreement by the Union Membership
Dated:_______________, 2004
For the Employer: For
the
____________________________ _____________________________
____________________________ _____________________________
____________________________ _____________________________
____________________________ _____________________________
____________________________ _____________________________
____________________________ _____________________________
A-1 Mechanics
First
Year Second Year Third Year
Classification
A. $19.37 $20.25 2.5%$20.86 $21.28
B. $18.35
$19.18 $19.76 $20.16
C. $16.76$17.52 $18.05 $18.41
A-2 Service Persons
First
Year Second Year Third Year
A. $14.14 $14.78 2.5%$15.23 $15.53
B. $12.45
$13.02 $13.41 $13.67
C. $11.66
$12.19 $12.56 $12.81
A-3 Coach Cleaners
First
Year Second Year Third Year
$8.00
$8.36 2.5%
$8.61 $8.79
No Coach Cleaner shall, as a result of this agreement, be paid an hourly wage less than their existing rate of pay. All Coach Cleaners shall receive increases to their hourly rate of pay equivalent to the above increases.
A-4 Drivers
4.1 Wages First Year Second Year Third Year
Full Time $11.35*$11.8461 2.3%$12.20 $12.44
and Part-Time
at 3000 hours
Full Time Mileage $.41 $.42
Part Time $10.25 $10.69 2.3%
$11.02 $11.24
Part Time Mileage $.35 $.36
.
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 $11.72, through March 31, 2001.
After March 31, 2001, this rate will be as indicated above.
4.2 Ticket
Sales Bonus: At the end of each month the Employer will pay a
bonus of twenty cents ($.20) for each ticket sold by a Driver. (Note:
Airporter Drivers are not permitted to solicit passengers at the airport
when the booths are manned or beyond the perimeter of the pick-up area). 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).
At the end of each month the Employer will pay a bonus of twenty-five ($.25) for each Trolley Ticket sold by a Driver of the Trolley Tour.
4.3 Narration - Drivers 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.
4.4 Chain-up - Drivers will be paid $6.00 per day when required to install chains.
4.5 Safety Incentive Program - Drivers who operate accident free will be eligible for a bonus of a percentage of wages earned during the contract year. The bonus will be two (2) percent for the 1st year of accident free operation, three (3) percent for the 2nd year of accident free operation and three and one-half (3.5) percent of the 3rd year of accident free operation. The bonus is payable semi-annually as soon after April 30 and October 31 as it can be calculated. Any Driver experiencing a preventable accident will lose his/her Safety Bonus for the semi-annual period (see the "Class 4" accident option below). To be eligible to receive payment of the bonus, drivers must be actively employed at the end of April and October respectively.
4.6 Trolley
Ticket Sales Bonus - At the end of each month the Employer will pay a bonus of
twenty-five cents ($.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:
A. An accident is defined as an occurrence relating to motor coach operations which results in personal injury or property damage regardless of who was injured, whose property was damaged, or who was at fault. An accident is still considered an accident whether a vehicle was moving or was temporarily stationary, and includes an event occurring on the coach or while passengers embark/disembark, which results either in a passenger injury requiring medical attention or a claim against the Employer, or both, and which through normal procedure, the Safety Department determines to be preventable.
B. Each accident is placed in one of four classes, based on severity. Drivers may elect to pay for damages associated with the first "Class 4" accident they are charged with per year, in which case they will remain eligible for the bonus.
C. The Safety Department will decide issues related to accident preventability, subject to Article 11.
D. The Safety Department may charge mystery damage to a driver if no previous source can be documented. The costs of repairing chargeable mystery damage will result in loss of that 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.
For the Company For the Union
___________________________ _______________________________
Brian Donald Gerald Topping
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).
For the Company For the Union
___________________________ _______________________________
Brian Donald Gerald Topping
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.
For the Company For the Union
___________________________ _______________________________
Brian Donald Gerald Topping