COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between...

48
COLLECTIVE BARGAINING AGREEMENT BETWEEN MV TRANSPORTATION, INC. AND AMALGAMATED TRANSIT UNION LOCAL 627 March 1, 2014 To March 1, 2018

Transcript of COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between...

Page 1: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

MV TRANSPORTATION, INC.

AND

AMALGAMATED

TRANSIT UNION

LOCAL 627

March 1, 2014 To March 1, 2018

Page 2: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

TABLE OF CONTENTS

ARTICLE CONTENTS PAGE1 Recognition ....................................................12 Scope of Agreement ......................................23 Seniority ..........................................................34 Union Representation ..................................75 Customer Rights and Contingencies ..........86 Management Rights ......................................97 Non-Discrimination ....................................108 No Strikes or Lockouts................................119 Drug and Alcohol Program........................1210 Grievance Procedure ..................................1211 Arbitration ....................................................1412 Hours of Work..............................................1613 Leave of Absence ........................................1814 Discipline ......................................................1915 Shift Bidding ................................................2116 General Conditions......................................2317 Wages ............................................................2418 Paid Holidays ..............................................2719 Vacations ......................................................2920 Health/Dental/Life Insurance ..................3121 Bereavement Leave......................................3622 Union Security..............................................3623 Dues Checkoff ..............................................3824 Uniforms, Tools and Safety Equipment ..4025 401(k) Plan ....................................................4126 Jury Duty ......................................................4227 Sick Leave ....................................................4228 Minimum Guarantee ..................................4329 Buy Out ........................................................4430 Paid Time Off (“PTO”)................................44

Page 3: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

AGREEMENT

This Agreement is entered into by and between MVTransportation, Inc., its successors and assigns, here-inafter referred to as the “Company", and theAmalgamated Transit Local Union 627, hereinafterreferred to as the "Union”.

ARTICLE 1RECOGNITION

Section 1.1 Recognition of Union. The Company rec-ognizes the Union as the exclusive representative of"employees" as defined in Section 1.2 of this Article forpurposes of collective bargaining with respect to rates ofpay, hours of work, and other conditions of employmentfor all such employees.

Section 1.2 Definition of Employees. Whenever usedin this Agreement, the term “employees” shall mean allfull-time and part-time non-probationary drivers,mechanics, reservationists, and dispatchers employed bythe Company and based in the Hamilton County andsurrounding Counties in Ohio and Northern Kentuckyor Southern Indiana, who perform work for the MetroAccess Para transit program under contract to theSouthwest Ohio Regional Transit Authority (hereinafter“SORTA”),or its successor but excluding all other cate-gories of employees such as Supervisors, managerial,administrative, road supervisors, classroom trainers, andschedulers as defined in the National Labor RelationsAct.

Section 1.3 Definition of Probationary Employee. Anemployee who has never accrued seniority under thisAgreement or predecessor agreements between theCompany and the Union, shall be in “probationary” sta-

1

Page 4: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

tus until he/she has completed sixty (60) calendar daysof employment after completion of training. The disci-pline or discharge of an employee who is in probationarystatus shall not be a violation of this Agreement.

Section 1.4 Job Classes. The classification of jobs asdescribed in Section 1.2 of this Agreement is defined asfollows:

a. A Full Time employee is defined as an employeeregularly scheduled to work at least thirty-five (35) hoursin a work-week.

b. A Part Time employee is defined as an employeeregularly scheduled to work less than thirty-five (35)hours in a week.. Effective with new hires only, theCompany shall not exceed 25% of the employees whomay work as part time. New hires shall be defined asthose employees hired after ratification of this agree-ment.

When a full time vacancy occurs, as determined by theCompany, it shall first be offered to a part-time employ-ee within their classification, in seniority order beforenon-employee applicants are considered. Employeesmay elect to remain part-time if they so desire.

ARTICLE 2SCOPE OF AGREEMENT

Section 2.1 Duration. This Agreement shall becomeeffective immediately after midnight of March 1, 2014and shall continue in full force and effect through mid-night, February 28, 2018. Thereafter, it shall automatical-ly renew itself and continue in full force and effect fromyear to year unless written notice of election to terminateor modify any provision of this Agreement is given by

2

Page 5: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

3

one party, and received by the other by certified mail,return receipt requested, not later than sixty (60) daysprior to an expiration date.

Section 2.2 Separability. Should anyArticle, Section orportion of this Agreement be determined to be in conflictwith established law and unenforceable by a court ofcompetent jurisdiction, such decision will apply only tothe specific Article, Section or portion thereof directlyspecified in the decision. Upon issuance of the decision,the parties agree to immediately negotiate a substitutefor the invalid Article, Section or portion thereof. Neitherparty shall be under any obligation to renegotiate anyArticles, Sections or portions of this Agreement whichare not affected by such decision.

ARTICLE 3SENIORITY

Section 3.1 Seniority Defined. Seniority shall meanthe length of time an employee has been employed as abargaining unit employee by the Company on the MetroAccess project, measured in calendar days from the firstday of compensation by the Company of the employee.Employees who were employed on the last day of oper-ation of Metro Access service for SORTA by the previouscontractor, First Transit, Inc., who were hired by theCompany, will maintain the seniority date they had atFirst Transit, Inc. for the purpose of rates of pay, all otherbenefits and selecting work including, but not limited to,the determination of order in any lay-off or recall fromlay-off or other reduction in work force, bidding runs,assignments, or time off as provided for in thisAgreement. If application of the preceding sentencesresults in two (2) or more employees having the sameseniority, the employee who has the earlier date of birthshall be deemed more senior. In the event that birthdaysare identical, then the employee who submitted their

Page 6: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

4

employment application earlier shall be deemed themore senior. Seniority shall not accrue to a probationaryemployee until completion of the probationary period setforth in Article 1 (RECOGNITION) of this Agreement, atwhich time the employee shall possess seniority asdefined in this Section 3.1. Seniority shall be applicableonly as expressly provided in this Agreement.

Section 3.2 Layoff.

(a) Determination of Layoffs. The Company willdetermine the timing of layoffs, and the number ofemployees to be laid off.

(b) Layoffs. When a reduction in the work forcebecomes necessary, as determined by the Company, suchlayoffs shall be made in reverse order in seniority. Part-time employees shall be laid off before full time employ-ees.

Section 3.3 Recall.

(a) Order of Recall. The employee with the mostSeniority will be the first one recalled from layoff. Full-time employees on layoff shall be recalled prior to part-time employees.

(b) Notice of Recall. The Company will forwardnotice of recall by mail to the last known address of theemployee as reflected on Company records. Theemployee must, within two (2) weeks of delivery orattempted delivery of the notice of recall, notify theCompany of his/her intent to return to work on the datespecified for recall and, thereafter, return to work on suchdate.

Section 3.4 Termination of Seniority. An employee'sSeniority shall be terminated and his rights under this

Page 7: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

5

Agreement forfeited for the following reasons:

(a) Resignation by the employee or termination forjust cause by the Company, unless reinstated pursuant tothe grievance procedure.

(b) Failure to give notice of intent to return to workafter recall within the time period specified in Section3.3(b) of this Agreement, or failure to return to work onthe date specified for recall, as set forth in the writtennotice of recall;

(c) Failure to return to work upon expiration of anapproved leave of absence;

(d) Layoff for a period of thirty-six (36) months or fora period equal to the employee's Seniority, whichever isless.

(e) Misuse of leave as a subterfuge to accept employ-ment elsewhere or for purposes other than stated uponrequest for leave.

Section 3.5 Seniority List. The Company shall providethe Union each month with a list of newly hired employ-ees, those employees that have cleared probation, thoseemployees that have resigned or retired, and thoseemployees that have been terminated, along with thedates pertinent to each event. The Company shall pro-vide the Union with a Master Seniority list at the end ofeach month and before each pick.

Section 3.6 Return of Personnel to the BargainingUnit. A person who, after transfer or promotion out ofthe bargaining unit, for a-period of sixty (60) days or less,remains in the continuous employ of the Company, maybe transferred, at the sole option of the Company and

Page 8: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

notwithstanding any other provision of this Agreement,to any designated job classification in the bargaining unitpreviously held by the person. This option shall only beexercised once for each employee. Seniority shall beretained but shall not continue to accrue during the timean employee is promoted to a supervisory position withthe Company. If the transfer of such a person to the bar-gaining unit requires the layoff of an employee, theemployee with the least Seniority will be laid off.

Section 3.7 Seniority In Other Departments.Seniority shall prevail in all other departments whereemployees are members of this Union and part of thebargaining unit. Vacancies shall be filled within a periodof thirty (30) days or as soon thereafter as practicableunless the job so vacated is abolished.When an employee applies for and is awarded a job in

a different department, that employee will move into thenew department at the bottom of the department senior-ity list. The employee will retain his/her overall seniori-ty for purposes of benefits. Picking rights will be deter-mined by his/her place on the new department senioritylist. Any such employee moving from the department toanother as outlined above, will serve a sixty (60) day pro-bationary period in the new department and job. TheAuthority may at any time during the probationary peri-od elect to move the employee back to his/her formerdepartment. In such a case, the employee will move backto their old department with full seniority for pickingand benefits. In case of layoff an employee shall beallowed to return to his/her former department with theseniority attained at the time they left. For this para-graph only, departments are defined as Transportation,Mechanical including Building Maintenance,Dispatchers and Reservationists.

Dispatch and Reservationists may fill in on a tempo-rary basis for each other. When a Dispatcher orReservationists fills a position in the other classification

6

Page 9: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

they will receive their own rate or the rate of the positionthey are replacing, whichever is higher.

Section 3.8 Notification. The Company will notify theUnion within five (5) working days of all bargaining unitpersons who accept non-bargaining unit duties with theCompany and the approximate duration of the same.

ARTICLE 4UNION REPRESENTATION

Section 4.1 Union Shop Stewards.

(a) Recognition of Shop Stewards. From among theemployees employed in the Bargaining Unit, the Unionmay designate and the Company will recognize the des-ignated shop stewards to serve as the Union's agent inthe representation of employees of the Bargaining Unit

(b) Compensation of Shop Steward While Engaged inUnion Activity. Except as specifically provided in thisSection 4.1 (b), the shop steward shall not be compensat-ed by the Company for his/her duties as the shop stew-ard.

Section 4.2 Distribution of Union Literature.

(a) Bulletin Boards. The Company will provide theUnion with bulletin boards. Said bulletin boards will belocated in the Transportation and MechanicalDepartments in such a manner that all employees caneasily see its contents. Both parties must mutually agreeon the locations of the Union Bulletin Board. This shallbe used by the Union for the posting of official notices,meetings and all other matters pertinent to the Union.The Union agrees that the bulletin board will only be

7

Page 10: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

used for official business and will not be used to post per-sonal notices or any other material not pertinent to offi-cial Union business or any material derogatory of theCompany or SORTA. Union Officers and/or stewardsshall have reasonable access, during regular Companyoffice hours, to maintain the bulletin board.

Section 4.3 Union Business Leave. An employee des-ignated by the Union to serve as a full time officer oremployee of the Union shall be granted leave withoutpay for the duration of such office. During the period ofsuch leave, the employee shall continue to accrue senior-ity as defined in Article 3 (SENIORITY) of thisAgreement but shall not be entitled to any compensationor benefits under this Agreement.

Section 4.4 Union Visitation. The Union will beallowed access to Company premises for the purpose ofinvestigating or adjusting an actual grievance. TheUnion agent will not in any manner interfere with theperformance of work by the employees.

ARTICLE 5CUSTOMER RIGHTS AND CONTINGENCIES

Section 5.1 Termination of Transportation ServicesContract. If the transportation services contract betweenthe Company and SORTA to provide Metro Access serv-ice terminates for any reason, the rights and obligationsof this Agreement shall also terminate at that time, pro-vided that the parties to this Agreement may continue toresolve disputes pending at the time of termination up toand including arbitration. If SORTA awards a contractfor the services now provided by the Company to anoth-er transportation provider, the Company will notify theUnion of the name, address, and representation of suchother transportation provider, if known.

8

Page 11: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Section 5.2 Rights of Customers. Nothing in theAgreement is intended or shall be construed to change,limit, modify, restrict or in any way alter the duties orobligations owed by the Company to SORTA or the pas-sengers nor the rights and privileges of SORTAunder thetransportation services contract referenced in Section 5.1of this Article.

ARTICLE 6MANAGEMENT RIGHTS

Section 6.1 Retention of Managerial Prerogatives.Except as expressly modified or restricted by a specificprovision of this Agreement, all statutory and inherentmanagerial rights, prerogatives and functions areretained and vested exclusively in the Company, inaccordance with its sole and exclusive judgment and dis-cretion, including, but not limited to these rights:

(a) To reprimand, suspend, discharge, or otherwisediscipline employees for cause and to determine thenumber of employees to be employed.

(b) To hire employees, determine their qualificationsand direct their work and to promote employees.

(c) To set the standards of productivity, the services tobe rendered, to maintain the efficiency of operations; todetermine the personnel, methods, means, and facilitiesby which operations are conducted, and to set the start-ing and quitting time and the shifts to be worked.

(d) To close down, or relocate the Company's opera-tions or any part thereof; to expand, reduce, alter, com-bine, transfer, or cease any job, department, operation, orservice, to control and regulate the use of vehicles, facili-ties, equipment, and other property of the Company orSORTA.

9

Page 12: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

(e) To introduce new or improved technology,research, service, and maintenance methods, materials,equipment, to determine the methods of financing itsoperation and services: and to determine the number,location and operation of departments, divisions, and allother units of the Company.

(f) To issue, amend and revise reasonable policies,reasonable rules, reasonable regulations, and practicesincluding reasonable rules of conduct or standards ofperformance; to take whatever action is either necessaryor advisable to determine, manage and fulfill the missionof the Company and to direct the Company's employeesand to carry out the lawful directives of the customers towhom the Company contracts its services.

The Company’s failure to exercise any right, prerogative,or function hereby reserved to it, or the Company's exer-cise of any such right, prerogative, or function in a par-ticular way, shall not be considered a waiver of theCompany's right to exercise such right, prerogative, orfunction or preclude it from exercising the same in someother way not in conflict with the express provisions ofthis Agreement.

Section 6.2 Contractual Duties. Nothing in thisAgreement shall be construed to prohibit the Companyfrom fulfilling its contractual responsibilities to SORTAwhich include, but are not limited to the assignment, dis-patching and management of trips, passengers and serv-ices for Metro Access.

ARTICLE 7NONDISCRIMINATION

Section 7.1 Equal Opportunity. The Company and theUnion each agree that it will not unlawfully discriminateagainst any individual with respect to hiring, promotion,discharge, compensation and other terms, conditions and

10

Page 13: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

privileges of employment nor will it limit, segregate orclassify employees so as to unlawfully deprive any indi-vidual of employment opportunities because of suchindividual's race, color, religion, sex, sexual orientation,national origin, age or disability. The parties agree thatdisputes under this Article shall be resolved through thegrievance and/or arbitration procedures.

Section 7.2 Affirmative Action and JobAccommodation. Nothing in this Agreement is intendednor shall be construed to prohibit or discourage compli-ance by any party with Federal, State or local laws per-taining to discrimination, affirmative action, or jobaccommodation nor to prohibit the Company from com-plying with the lawful mandates or directions of its cus-tomers with respect to discrimination, affirmative actionor job accommodation. The Company may take anyaction required or proper under such laws, mandates, ordirections, with or without notice to the Union, and nei-ther such action nor its effect may be deemed a violationof this Agreement.

Section 7.3 Concerted Activity. The Company and theUnion each agree that it will not discriminate against anyemployee or applicant because of such individual's law-ful activity for or support of the Union or because of theindividual's other lawful concerted activity for the pur-pose of collective bargaining or because of the individ-ual's decision to refrain from such activity.

Section 7.4 Gender Terms. Throughout thisAgreement, the use of the gender Pronouns and termsshall be construed to include both male and female.

ARTICLE 8NO STRIKES OR LOCKOUTS

Section 8.1 No Strikes or Lockouts. During the term ofthis Agreement, or any extension thereof, (a) neither the

11

Page 14: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Union nor its members, will directly or indirectly, cause,sanction, or participate in any strike, work stoppage,slowdown, or boycott against the Employer, and (b) therewill be no lockouts by the Employer.

Section 8.2 Discipline for Violation of Section 8.1. Thefailure or refusal on the part of any employees to complywith the provisions of Section 8.1 of this Article may because for immediate discipline, including discharge.

ARTICLE 9DRUG AND ALCOHOL PROGRAM

Section 9.1 Policy. The Company has adopted a poli-cy relating to Drug and Alcohol abuse and testing, whichis attached hereto and by reference incorporated herein.The Company may make such changes to this policywithout renegotiation of this Agreement to comply withchanges to state or federal law or regulation.

ARTICLE 10GRIEVANCE PROCEDURE

Section 10.1 Definition of Grievance. A grievance isdefined as any controversy between the Company andthe Union arising out of or by virtue of this agreement.The following procedure for the settlement of grievancesmust be followed.

Section 10.2 Procedural steps.

(a) Step 1. The Union may present in writing to theDivision Manager a grievance setting forth the nature,details, date of the alleged violation, Article and Sectionor this Agreement claimed to have been violated. Thewritten grievance must be dated and signed by the

12

Page 15: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Union Business Agent or his designated representative.The written grievance must be presented within ten (10)calendar days of when the employee or Union knew orhad reasonable knowledge of the event giving rise to thegrievance. After the filing of a grievance with theDivision Manager or Company designee, the DivisionManager or designee shall contact the Union BusinessAgent or designee to arrange a time and place to attemptto resolve the grievance within three (3) calendar days.

(b) Step 2. If the grievance is not resolved in Step 1within ten (10) calendar days of when it was submitted tothe Division Manager, the Union, if it wishes to proceedfurther with the grievance, may request in writing, with-in five (5) calendar days of notice by the Company of itsStep 1 decision, or other agreed upon method, a meetingbetween the Company Regional Manager, or his/herdesignated representative, and the Union President, orhis/her designated representative. Within ten (10) calen-dar days of the request the parties shall schedule a meet-ing.

Section 10.3 Time Limitations. The time limitations setforth in this Article10 are of the essence of thisAgreement. No grievance shall be accepted or consid-ered by the Company unless it is submitted or appealedwithin the time limits set forth in Section 10.2 of thisArticle. If the grievance is not timely submitted at Step 1or Step 2, it shall be deemed waived. If the grievance isnot timely appealed to Arbitration, it shall be deemed tohave been settled in accordance with the Company's Step2 answer. If the Company fails to answer within the timelimits set forth in Section 10.2 of this Article, the griev-ance shall automatically proceed to the next step. Thetime limitations may be extended upon mutual writtenagreement of the parties.

13

Page 16: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Section 10.4 Precedent. A decision made with respectto any grievance during Step l or Step 2 of the grievanceprocedures set forth in Section 10.2 of this Article shallapply only to that grievance and shall not become a bind-ing precedent with respect to any other grievance or tothe interpretation or application of the Agreement.

ARTICLE 11ARBITRATION

Section 11.1 Appeal Procedure. If a Grievance has notbeen settled in the steps outlined in Article 10 herein, theUnion may request that the matter be submitted to anarbitrator. Such request shall occur within five (5) calen-dar days following the next regularly scheduled Unionmeeting following the decision of the Company at Step 2of the Grievance procedure. In no case shall the requestfor arbitration be allowed more than forty-five (45) cal-endar days following the decision of the Company atStep 2 of the Grievance procedure.

Section 11.2 Expedited Arbitration. The Companyand the Union may agree to submit the grievance to anexpedited arbitration process subject to the followingconditions:

(a) Both parties must mutually agree to expeditedarbitration to resolve a specific grievance, and outsidecounsel will not be used as advocates

(b) The hearing will be informal

(c) No briefs will be filed

(d) There will be no formal rules of evidence

(e) Each party will present its case and cross-examina-

14

Page 17: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

tion and rebuttal. Each case will be completed as soon aspossible.

(f) The arbitrator must agree to hear a minimum oftwo (2) cases in any one (1) day if requested by the par-ties. Both parties and the arbitrator may agree to consid-er more cases in any one day.

(g) The arbitrator may issue a bench decision at theconclusion of each hearing, but in any event will rendera decision within 48 hours after the conclusion of eachhearing

(h) The arbitrator’s decision will be based on therecord before the arbitrator, and may include a brief writ-ten explanation of the basis for such conclusion

(i) The arbitrator’s decision will be final and bindingupon the parties. An arbitrator who issues a bench deci-sion will furnish a written copy of the award to the par-ties within forty-eight (48) hours of the close of the hear-ing

(j) No decision by an arbitrator in this expeditedprocess will be deemed to establish practice or any prece-dent for future proceedings

(k) The fees of the arbitrator will be borne equally byboth parties

(l) The arbitrator for the expedited arbitration processwill be selected as provided in Section 11.3.

Section 11.3 Selection of Arbitrator. If the ExpeditedArbitration process in Section 11.2 is not used, an arbitra-tor shall be selected from a list of seven names obtainedfrom the Federal Mediation and Conciliation Service.

15

Page 18: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

16

Such a list shall be one mutually requested by the partiesto this Agreement and shall be used until such time thateither party requests that a new list be requested from theFMCS. The arbitrator shall be selected by the partiesalternately striking a name from the list until only onename remains. The Union and the Company shall strikethe first name on a rotating basis. The Union will strikethe first name in the first arbitration under thisAgreement..

Section 11.4 Arbitrator's Jurisdiction. The jurisdictionand authority of the arbitrator and his opinion andaward shall be confined exclusively to the interpretationand/or application of the interpretation or application ofthis Agreement. He shall have no authority to add to,detract from, alter, amend, or modify any provision ofthis Agreement. The arbitrator shall not hear or decidemore than one (1) grievance without the mutual consentof the Company and the Union. The written award of thearbitrator on the merits of any grievance adjudicatedwithin his jurisdiction and authority shall be final andbinding on the aggrieved employee, the Union and theCompany.

Section 11.5 Fees and Expenses of Arbitration. Theexpenses of the arbitrator and hearing room will beequally shared between the Company and the Union,otherwise each party shall bear its own arbitrationexpense.

ARTICLE 12HOURS OF WORK

Section 12.1 Purpose of Article. The sole purpose ofthis Article is to provide a basis for the computation ofstraight-time, overtime, and other premium wages, andnothing contained in this Agreement shall be construedas a guarantee or commitment by the Company to any

Page 19: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

17

employee of a minimum or maximum number of hoursof work per day, per week, or per year. The Company’spay records, practices and procedures shall govern thepayment of all wages.

Section 12.2 Workweek. The workweek shall consistof seven (7) days beginning at 12:01 a.m. on Saturday andending at 11:59 p.m. the following Friday.

Section 12.3 Regular Workweek. The regular work-week shall consist of forty (40) hours of work within theworkweek.

Section 12.4 Overtime Work. In the event theCompany obtains extra work, defined as temporaryadditional shift(s) assigned to the Company by SORTA,where the Company has knowledge of such extra workat least 24 hours in advance, the extra work will be post-ed for operators to bid on. The Company will award theextra work to the most senior operator who is not other-wise scheduled for a regular shift. If the Company learnsof the extra work with less than 24 hours’ notice, it mayfill the work at its discretion.

Section 12.5 Lunch Periods. The Company will assignunpaid lunch period between 3.5 and 5.5 hours after thestart of a shift. The Company may assign a lunch periodof no more than 60 minutes to employees with a bid shiftof more than 8 hours. Lunch time will be unpaid and theCompany will not require an employee to perform workduties during lunch.

Section 12.6 Overtime Pay. The Company shall payemployees who work in excess of forty (40) hours in oneweek overtime pay at time and one-half of the regularrate of pay.

Page 20: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

18

Section 12.7 Timekeeping Procedures. Drivers will bepaid from the time their vehicle leaves the Company’sfacility plus 12 minutes for pre-trip time until the timevehicle returns to the facility an additional (5) fiveminute turn in time to be built into bid into bid modelwithin the (40hr) guarantee. Drivers will not be paid forany other time unless their attendance is required by theCompany and is authorized by a supervisor or manager.Drivers will record their time leaving and returning tothe facility on their manifest, which shall be their timerecord. Mechanics shall work their scheduled time andshall record their time on a time card provided by theCompany. Mechanics will not work overtime withoutwritten permission from a foreman or manager.

ARTICLE 13LEAVE OF ABSENCE

Section 13.1 Definition. A leave of absence is definedas an absence in excess of five consecutive workdays.

Section 13.2 Personal Leave. Unpaid Leaves ofAbsence up to thirty (30) days, may be granted at theCompany’s sole discretion, upon receipt of writtenrequest from the employee stating the reason for therequested leave.

Section 13.3 Military Leave. The Company will com-ply with the provisions of the Veterans Re-EmploymentRights Act. The Company will comply with federal andstate law with respect to National Guard and ReserveDuty.

Section 13.4 Civic Leave. A non-probationary employ-ee who is required to report for jury duty or who is sub-poenaed to testify at a hearing in which the employee isnot a party shall be granted leave for such service. If theemployee reports for service and is excused therefore, he

Page 21: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

19

shall immediately contact the Division Manager andstand ready to report for work, if requested.

Section 13.6 Requests for Leaves. Requests for Leaveof Absence shall be made as far in advance as possible.Seniority shall accumulate during Leave of Absence;however, unless otherwise stated in this Agreement timespent on Leave of Absence shall be without pay.

Section 13.7 Family Leave. The Company shall com-ply with State and Federal Family Leave Laws.

ARTICLE 14DISCIPLINE

Section 14.1 Company Rights. The Company shallhave the right to change any policies, rules and regula-tions governing employees without re-negotiation of thisAgreement should such changes in policies, rules andregulations be required in order to comply with any gov-ernmental law or regulation or to comply with any pro-vision of the Agreement between the Company andSORTA. The Company shall further have the absoluteright to carry out all directions of SORTA notwithstand-ing any provision of this Agreement to the contrary.

The Company shall have the sole exclusive right to adoptreasonable rules, regulations and policies to govern itsoperations and employees and, from time to time, tochange or amend such rules, regulations and policies, tothe extent they do not conflict with any express writtenprovisions of this Agreement.

The Company will notify the Union in writing of allchanges in policy at least ten (10) days before they areimplemented.

Page 22: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

20

Section 14.2-Work Rules. The Company shall issue anEmployee Handbook outlining all rules, regulations andpolicies. Prior to the Implementation of any now orrevised rule, regulation or policy the Company will issuean addendum to the Employee Handbook, with a copygiven to each employee and the Union, at least ten (10)days prior to the implementation of said rule, regulationor addendum.

Section14.3 Safe Vehicles. No employee shall be disci-plined for refusing to drive an unsafe vehicle nor shallany employee be required to drive a bus that has notbeen determined by the maintenance department to besafe, nor shall any employee be required to transport apassenger in a mobility assistance device unless theproper number of securement straps or devices, as deter-mined by the Company, are provided in the vehicle.

Section 14.4 Discipline Administered with UnionRepresentation.

In the event an Employee violates the rules of the com-pany and the company determines discipline may benecessary, he/she will be called in by his/her supervisor.A Union Representative must be present, unless waivedin by the Employee, during the meeting. If the Employeedeclines Union Representation the meeting will com-mence and the Employee will be advised of the violationand the discipline. If the Employee elects UnionRepresentation the meeting will not commence until theUnion Representative is in attendance.

A copy of any disciplinary action shall be provided to theEmployee and the Union Representative and will statethe reason(s) for the action taken. This will be presentedat the time discipline is administered. A copy shall befaxed or mailed to the Union within 3 working days fol-lowing any and all disciplinary actions taken.

Page 23: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

21

Section 14.5 Investigation of Rule Violations.

In the event of a violation of rules or regulations on thepart of an Employee that results in discipline other thanpossible discharge the Company will conduct and con-clude an investigation and administer discipline withinseven (7) calendar days from the date the Companybecomes aware of the incident.

It is under stood and agreed that should the investigationrequire more time, the Union, when notified in writing,will grant an extension of no more than five (5) calendardays

In the event of a violation of rules or regulations on thepart of an Employee that results in possible discharge theCompany will conduct and conclude an investigationand administer discipline in an expedited manner thatallowed sufficient time for the Company to complete itsinvestigation.

ARTICLE 15SHIFT BIDDING

Section 15.1 Shift Bidding

The Company shall develop the runs to be picked. In noevent shall an employee who is required to operate aten (10) hour run work more than eleven (11) hours.

Section 15.2 Shift Bids.

The Company shall have at least three (3) but not morethan four (4) picks per year. The Company shall post thepick for the shifts, which shall include designated shifthours and regular days off. The Company will post the

Page 24: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

22

pick seven (7) calendar days prior to the first day of pick-ing. The Company will send to the Union a copy of thispick seven (7) calendar days prior to the first day of thepick. All drivers will pick until all runs have been filled.Drivers will pick all work in order of seniority, startingwith the most senior driver picking first. If a driver failsto designate his/her choice on their scheduled pick dayand time either in person or by another person author-ized in writing, either the Company or Union, may act ontheir behalf to assign the employee a run that matchestheir previous pick as close as possible, at their scheduledtime to pick.

Section 15.3 Open Positions. In the event an employ-ee with their classification position becomes available(open), or in the event an additional position becomesavailable, the Company shall, within three weekdays,post the open position, for a period of three weekdays.Any employee with their classification may pick into theopen position by seniority. In the event a bid is notpicked and remains open it may be assigned by theCompany from the bottom of seniority.

Section 15.4 Changes on Day of Service. TheCompanymay, without violating thisAgreement, changethe starting time of any shift on any day by up to 30 min-utes earlier or later. The Company may also end a shiftprior to the scheduled end time or require an employeewithin their classification to work up to 60 minutes pasttheir scheduled end time per day. The Company isrequired to notify any employee within their classifica-tion whose shift time is adjusted due to work load ordeletions to their scheduled work. In addition, in theevent of a change to the start time of a shift, the employ-

Page 25: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

ee within their classification will be notified at least 12hours in advance, or by 9:00 P.M. the day prior to theshift, whichever is later.

ARTICLE 16GENERAL CONDITIONS

Section 16.1 Payday. All pay checks will be distrib-uted every other Friday after the close of the previouspay period. Paychecks will be distributed at noon onpayday.

Section 16.2 Company Meetings. Safety meetings areheld at least twice monthly. Attendance at one meetingper month is mandatory. The Company may also requireInformational meetings from time to time. Operatorswill be compensated at their regular hourly wage(including overtime if applicable) for attending any safe-ty or Company meeting.

Employee must attend safety meetings each month. Anattendance point will be assessed to any employee whodoes not attend a monthly safety meeting. Employeesare allowed to miss one meeting in a 12 month periodwithout receiving an attendance point. If an Employeemisses another safety meeting within 12 months theymay be excused and will not receive an attendance pointprovided they have an excuse that is accepted by theGeneral Manager.

Section 16.3 Citations. No employee shall be requiredto violate traffic or parking laws. Employees are requiredto pay for the cost of citations received, unless due to adefect in the vehicle.

Section 16.4 Physicals and Drug Screens. In the eventthe Company requires an employee to take a physicalexamination or drug screen, the Company, must pay the

23

Page 26: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

24

cost of the procedure. No employee shall suffer a loss ofearnings from the Company as a result of time spent insuch physical examinations or drug screens.

Section 16.6 Extra Contract Agreements. TheCompany will not enter into any agreement or contractwith the employees, individually or collectively, which inany way conflicts with the terms and conditions of thisAgreement. Any such agreement shall be null and void.

ARTICLE 17WAGES

Section 17.1 Wage Rates. Employees covered by thisagreement shall receive the following wage rates duringthe term of this Agreement. Any employee at the toppay rate shall receive an increase of 1.5% to their basehourly rate effective March 1, 2014, 1.5% effectiveMarch 1, 2015, 1% effective March 1, 2016, and 1% effec-tive March 1, 2017. Operators, dispatchers, and reserva-tions will achieve top rate in their respective classifica-tion at 7 years of employment. Those employees hiredbefore ratification who remain in the prior pay pro-gression shall receive increases on their anniversarydates only as set forth in the charts below. Thoseemployees hired before ratification who, upon achiev-ing top rate, shall thereafter receive annual increaseseffective March 1 of the contract term. The new hirepercentage pay progression shall be based on the thencurrent top rate of that classification at the time theincrease is due.

Page 27: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

As an incentive to earn ASE certifications, MechanicsA, B and C shall receive a premium of $.25 per hour foreach current ASE Certification Obtained, provided thecertificate is current. The total premium for ASE cer-tificates shall not exceed $1.50 or six (6) certificates.

25

Page 28: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

26

Section 17.2 Training Rate.

Prior to the employee driving a route unsupervised, theCompany may pay an employee at the minimum wagewhile in training.

Page 29: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

27

Section 17.3 Effective Dates. Increases in rates of payshall be on the first day of the next pay period followingthe effective date of the rate increase.

Section 17.4 Trainers. Employees who, when request-ed by the Company, serve as a "revenue trainer" shallreceive $0.40 per hour in addition to their revenue serv-ice rate during such time when the employee is traininga new driver. The selection of a "revenue trainer' shallrest solely with the Company, who shall have the soleright to determine the qualifications of “revenue train-ers” and to assign work to these employees and torequire the revenue trainers to complete all evaluationsand paperwork and other duties assigned by theCompany.

ARTICLE 18PAID HOLIDAYS

Section 18.1 Holidays. All employees covered by thisAgreement will receive the following paid holidays:New Year’s Day, Martin Luther King Day, Memorial Day,Independence Day, Labor Day, Thanksgiving andChristmas.

Section 18.2 Pay. All employees covered by thisAgreement scheduled to work on a paid holiday shall bepaid eight hours pay at straight time. All employees cov-ered by this Agreement not scheduled to work on a paidholiday shall be paid eight hours at straight time.Holiday pay shall not be counted as time worked for pur-poses of computing overtime.

Section 18.3 Eligibility. In order to be eligible for hol-iday pay, an employee must be in active pay status ormust report for work on both the last regular workingday immediately preceding the holiday and on the firstregular working day following the holiday and also for

Page 30: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

28

work on the holiday, if so scheduled unless due to aproven illness or other cause agreed by the Company.Unless the employee so reports, he/she shall receive nopay for such holiday.

Section 18.4 Work on Holiday. A holiday sign up listshall be posted for employees to indicate their desire towork; selection for work shall first be made on basis ofseniority. In the event an insufficient number of employ-ees sign up, then work on the holiday shall be assignedin reverse seniority order of those who are scheduled towork on the holiday. Employees who work on the day aholiday is observed shall receive time and one-half theirregular rate of pay that day, plus holiday pay at straighttime.

Section 18.5 Work Schedule. The Company may electto amend the work schedule during a week in which aholiday falls or during a week in which service is amend-ed because of an unpaid holiday when service levels anddemand are reduced.

Section 18.6 Holiday During Vacation Period. Anemployee will receive holiday pay for a holiday fallingduring the employee’s approved vacation period.

Section 18.7 Personal Day. An employee who hasthree (3) or more years of seniority shall receive one per-sonal paid day off annually. An employee with six (6) ormore years of seniority shall receive two personal daysoff annually. The paid day off will be earned on their sen-iority anniversary date and may be taken with advanceapproval of the Company on any day prior to their nextseniority anniversary date. A personal day may not becarried over from one year to the next and will be paid at8 hours for the personal day at straight time. Personaldays will not count as time worked for computing over-time. Unused Personal days will not be “cash out”.

Page 31: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

29

ARTICLE 19VACATIONS

Section 19.1 Eligibility. All full time employees shallreceive, after one year of' continuous full time employ-ment, a paid vacation as further detailed in the Article.

Section 19.2 Vacation Pay. Full time employees willaccrue paid vacation in the following amounts:Vacation shall accrue at the above rates on a monthlybasis. The employee must work 75% of his/her regular

assigned work during a month to receive vacation creditfor that month, unless the absence was for a proven ill-ness or other cause agreed by the Company. Unusedvacation can be cashed out at the employee’s pay rate atthe option of the employee at any time by providingnotice to the Company at least ten days prior to the endof the pay period in which the cash out is to be paid.Vacation pay shall be accrued at the end of each month orportion of month under this agreement. .

Section 19.3 Employees Less than One Year. No vaca-tion shall be paid until one full year of continuous fulltime employment is completed. Prorated vacation paywill not be made to employees with less than one year ofcontinuous full time employment.

Section 19.4 Vacation Schedule. The Company shallprepare and post by December 5 of each year a vacationsign up schedule showing employees who will be eligi-ble for vacation during the following calendar year.

Page 32: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Employees will sign up for vacation prior to January 1 ofthe year in which vacation is to be taken. The Companyshall develop a procedure allowing eligible employees toselect their vacations, according to their seniority.

Section 19.5 Vacation Pay. Vacation may be taken inany increments. Vacation pay may not be used unless thetime off is scheduled in advance and approved by theCompany.

Section 19.6 Carry Over. Employees may carry overvacation from one year to the next up to a maximum of120 hours.

Section 19.7 Pay in Lieu of vacation.Subject to the availability of work, employees are eligibleto receive pay for vacation in lieu of actually taking suchvacation time according to the following schedule:

Vacation Eligibility In Lieu2 weeks 1 week3 weeks 1 week4 weeks 2 weeks

An employee desiring to take pay in lieu of vacation timemust declare his or her intent no later than November 1stpreceding the vacation year in which the employeedesires to trade vacation for pay. Payment for exercisinghis/her option under this provision will be made to anemployee on the last work day before the employee takeshis or her first regularly approved scheduled vacation.

30

Page 33: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

31

ARTICLE 20HEALTH/DENTAL/LIFE INSURANCE

Section 20.1 Provision. The Company shall, subject toall of the provisions of this Article, arrange for coveragefor all full time employees under a GroupHealth/Dental/Life plan.

Section 20.2 Eligibility. Employees who work thirty(30) hours in a work week shall be eligible for the planon the first day of the month following sixty days ofemployment with the company. Employees can start orchange coverage only when they first become eligible orwhen the Company has an annual “open enrollment”period.

Section 20.3 Contribution. The Company and theemployee will share the cost of the medical and dentalinsurance plan. Employees shall have the right to electcoverage through the AETNA HDHP or the AETNABuy Up Plan. The Company’s share of the premium foreither plan selected by the employee shall be 90% ofthe premium for employee only coverage and 80% ofthe premium for the dependent coverage. Consistentwith the Affordable Care Act, in no event shall theCompany’s premium contribution share for employeeonly coverage be less than 90% of the total premium.

Page 34: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

Health Insurance “OPT-OUT” Plan

A current employee who is covered by medical insur-ance provided by MV Transportation or another sourcecan, during open enrollment, elect an “OPT-OUTOPTION”. The employee will receive one hundred andfifty dollars ($150) per month for single coverage andthree hundred and fifty dollars ($350) per month forfamily coverage.

Section 20.4 Life Insurance. The Company will pur-chase or self-insure a term life policy for each full timenon-probationary employee for the sum of $25,000. Lifeinsurance will exclude payments in the event of suicideor death as a result of war or terrorism.

Section 20.5 Short Term Disability. The Company willoffer short-term disability to all employees. Participationin this benefit shall be optional, and all costs associatedshall be paid by the employee opting for this coverage.Standard Voluntary Short Term Disability CoverageSummary andRates:

Weekly Std Benefit Amount 50% of the first $1,000 ofyour insured pre-disability earnings (reduced by incomefrom other sources).

Maximum Weekly Benefit $500.00 before reductionDeductible Income.Minimum Weekly Benefit $15.00Waiting Period 7 daysMaximum Benefit Period 173 days

32

Page 35: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

***To determine your monthly cost, take your averagemonthly earnings, up to 1,000 dollars and multiply bythe percentage based on your age****

Your Monthly earnings (up to $1,000): _______________x

The percentage listed above based on your age:_______=

The cost to you per month for STD coverage _________

Divide this monthly cost by 2 to get yourper paycheck cost: ________________________________Example: If you, and your monthly earnings are $1000,your monthly cost for the Voluntary STD plan will be5.70 ($1,000 X .57% =$5.70)

Section 20.6 Long Term Disability.

The Company will offer long-term disability to allemployees. Participation in this benefit shall be optional,and all costs associated shall be paid by the employeeopting for this coverage. Standard Voluntary Long TermDisability Coverage Summary and Rates:

33

Page 36: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

34

VoluntaryLong

Term

(LTD

)CoverageSummaryandRates:

MonthlyLTDBenefitAmount:

60%percentofthe

first$5,000

ofyour

insured

pre-disabilityearnings

(reduced

byincomefrom

othersources).

Maximum

MonthlyBenefit:

$3,000

beforeredu

ctionby

DeductibleIncome

Minimum

MonthlyBenefit:

$100

LTDBenefit

WaitingPerio

d:180days

LTDMaximum

Benefit

Perio

d:To

age65

Monthlycosttoyou(based

onyour

age):

UnderAge

25:

.450%ofmonthlyearnings

25-29:

.450%ofmonthlyearnings

30-34

.544%ofmonthlyearnings

35-39

.689%ofmonthlyearnings

Page 37: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

35

40-44

.974%ofmonthlyearnings

45-49

1.498%

ofmonthlyearnings

50-54

2.202%ofmonthlyearnings

55-59

3.030%

ofmonthlyearnings

60-64

3.288%

ofmonthlyearnings

***Todeterm

ineyour

monthlycost,takeyour

averagemonthlyearnings

andmultip

lyby

theper-

centageabovebasedon

your

age.***

Your

averagemonthlyearnings

(upto$1,000):

________________________

XThepercentage

listedabovebasedon

your

age:

________________________

=Thecosttoyouperm

onthforSTD

coverage:

________________________

Dividethismonthlycostby

2togetyourp

erpaycheck

cost:

________________________

Exam

ple:

Ifyouare43,and

your

monthlyearnings

are$1000,your

monthlycostforthe

Voluntary

STDplan

willbe

$.80.($1,000

X.080%=$.80).

Page 38: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

36

ARTICLE 21BEREAVEMENT LEAVE

Section 21.1 Bereavement Leave. Upon verification ofdeath of certain family members, the employee willreceive three (3) days paid bereavement leave at eight (8)hours per day. This paid leave is not used for purposesof computing overtime. Bereavement leave will begranted for the death of an employee’s parent, sibling,spouse, child, step-child, grandparent, grandchild,father-in law, mother-in-law, daughter-in-law, son-in-law, aunt, uncle or step-parents.

ARTICLE 22UNION SECURITY

Section 22.1 Union Shop. It shall be a condition ofemployment that all employees of the Company coveredby this Agreement who are members of the Union ingood standing on the effective date of this Agreement,shall remain members in good standing and those whoare not members on the effective date of this Agreementshall, on the thirtieth (30th) day following the effectivedate of this agreement become and remain members ingood standing in the Union. It shall also be a conditionof employment that all employees covered by thisAgreement hired on or after its effective date shall,immediately upon the completion of the probationaryperiod, become and remain members in good standing inthe Union.

Section 22.2 Notification. The Company will notify theUnion of all new employees hired at least seven (7) cal-endar days after the employee starts to work and shallnotify the Union immediately when any employee com-pletes the probationary period as established herein. Noless than monthly, the Company shall furnish the

Page 39: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

37

Secretary-Treasurer of the Union with a list of all bar-gaining unit employees, along with their seniority date ofhire, mailing address and telephone number as is cur-rently in the employee's employment record. TheCompany will notify the Union promptly of all employ-ees leaving its employ. The Union agrees to furnish theCompany with an up-to-date list of all its officers andstewards, and to immediately notify the Company of anyand all changes thereto. The Company agrees to furnishthe Union an up-to-date list of its local representativesand to immediately notify the Union of any and allchanges thereto.

Section 22.3 New Hires. When new or additionalemployees are needed, the Company shall choose appli-cants on the basis of their respective qualifications for thejob, and no applicants will be preferred or discriminatedbecause of Membership or non-membership in anyUnion.

Section 22.4 Enforcement. In the event any employee,due to his own negligence, fails to apply for or maintainhis membership in the Union, the Union may give theCompany notice of this fact and within five (5) days afterreceipt of such notice, such employee shall be terminatedby the Company.

Section 22.5 Representatives. It is mutually agreedthat all matters covered by this Agreement shall be trans-acted between the properly accredited officers, agents, orrepresentatives of the Company and the duly elected orappointed officers of the Union.

Page 40: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

38

ARTICLE 23DUES CHECKOFF

Section 23.1 Checkoff. Upon receipt by the Companyof a checkoff authorization in the form set forth in Section23.4 of this Article, dated and executed by an employee,the Company shall deduct, from the wages owed suchemployee for the first payroll period ending in each cal-endar month following receipt of such checkoff authori-zation (until such checkoff authorization is revoked bythe employee). In accordance with the terms thereof theUnion's membership dues and COPE contributions forthe month in which such deduction is made. TheCompany shall deduct from an employee's wages onlythat amount of money which the Secretary/Treasurer ofthe Union has certified to the Company, in writing, is theamount of dues properly established by the Union inaccordance with applicable law and the Union's constitu-tion and bylaws, and required of all employees as a con-dition of acquiring or retaining membership in theUnion.

Section 23.2 Procedure. The Company shall eachmonth, provide the Union a written statement containingthe names of the employees fromwhose pay, and in whatamount, such deductions have been made and shallsimultaneously therewith remit the total amount of suchmonthly deductions to the Union within seven (7) daysof the payday when the monies were deducted.

Section 23.3 Dues in Excess of Net Wages. If, for anypayroll period in which the Company is obligated tomake deductions pursuant to Section 23.1 of this Article,the wages owed an employee (after deductions mandat-ed by any governmental or to reimburse the Companyfor advances against wages) are less than the amount ofmoney which the employee has authorized the Companyto deduct pursuant to said Section 23.1 of this Article, the

Page 41: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

39

Company shall make no deductions from wages owedthe employee for that payroll period and shall make nodeductions, which would have been made from wagesowed the employee for that payroll period for any futurepayroll period.

Section 23.4 Checkoff Authorization Form. TheCompany shall not deduct any monies from an employ-ee's wages pursuant to Section 23.1 of this Article, unlessthe checkoff authorization executed by the employeeconforms exactly to the form set forth below.

CHECKOFF-AUTHORIZATION

(a) Authority to Deduct. I hereby authorize MVTransportation, Inc. to deduct from wages owed to mefor the first full payroll period ending in each calendarmonth, and to forward to Amalgamated Transit Union,Local 627 the monthly membership dues uniformlyrequired of all employees as a condition of acquiring orretaining membership in said Local 627;

(b) Revocability of Authorization, This CheckoffAuthorization shall be irrevocable for a period of oneyear following my execution thereof, or until the expira-tion of any applicable collective bargaining agreement,whichever occurs sooner. Thereafter, it shall be automat-ically renewed for successive one (1) year periods unlesswritten notice of revocation of this CheckoffAuthorization, executed by me, is delivered to MVTransportation, Inc.: (1) during the period commencingthirty (30) days prior to and ending five (5) days prior to(a) the annual anniversary of my execution hereof, or (b)the expiration date of any collective bargaining agree-ment obligating MV Transportation, Inc. to honor thisCheckoff Authorization, or (2) during any period when

Page 42: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

there is no collective bargaining agreement in effect obli-gating MV Transportation, Inc. to honor this CheckoffAuthorization. This Checkoff Authorization was volun-tarily executed by me on

_________________________________, 20____Signature of Employee

Section 23.5 Indemnification of the Company. TheUnion shall defend, indemnify, and save the Companyharmless against any and all claims, demands, griev-ances or other liability that arise out of or by reason ofactions taken by the Company pursuant to this Article 23.

ARTICLE 24UNIFORMS. TOOLS AND SAFETY EQUIPMENT

Section 24.1 Uniform Provided. The Company shallissue a uniform to each Employee. Drivers will beresponsible for cleaning their items, the Company willclean the maintenance uniforms. Items to be replaced bythe Company when worn out. The Employee shall signa receipt for all uniforms. At the end of employment, theEmployee must return all items or the Company maydeduct from their wages the cost of the items notreturned. The Company will provide to each driver 5shirts, five slacks and two jackets. The Company willprovide to each mechanic 7 shirts, 7 slacks and 2 jackets.The Company will provide uniforms and a rain ponchoto each utility employee. The Company shall provide$75 safety shoe allowance for utility/non-mechanicclassification.

Section 24.2 Mechanics Safety Equipment. TheCompany will provide a voucher to all A, B and Cmechanics a maximum of $100 per year for the purchase

40

Page 43: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

41

of safety shoes. The Company will also reimburse all A,B and C mechanics a maximum of $100 per year for thepurchase of prescription safety glasses provided themechanic is required to wear prescription glasses pre-scribed by a licensed optometrist. The company will pro-vide those mechanics without the need of prescriptionsafety glasses with standard safety glasses at no cost.

Section 24.3 Mechanics Tool Allowance. During eachyear of this Agreement, A, B and C mechanics willreceive, on their anniversary of employment a toolallowance of up to $300 provided the mechanic showsproof of purchase.

Section 24.4 Rubber Gloves and Ponchos: TheCompany will provide rubber (latex) gloves for allemployees at the beginning of each shift. Rain Ponchoswill be provided for drivers, mechanics, and utilityemployees to provide protection from the elements.

ARTICLE 25401(K) Plan

Section 25.1 401(k) Plan. The employees may, aftercompletion of six months employment, enroll in the ATUsponsored 401(k) plan and make contributions pursuantto the rules and limitations of the plan. The Companyshall match the employee’s contributions, up to 100% ofthe amount contributed by the employee, subject to thefollowing maximum amounts per hour worked:

Page 44: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

ARTICLE 26Jury Duty

Section 26.1 Jury Duty. Any employee receiving noti-fication to report for jury panel, jury test or jury dutyshall immediately notify the Company. Any employee soused, who submits proof of for reporting for same, theCompany shall pay to the employee the differencebetween the amount of regular wages and the amountreceived for such service for up to 30 days of jury service,provided the certification that jury time was served isgiven to the Company for the employee. Jury duty payshall not be used for the purpose of computing overtime.Under no circumstances will an employee be required towork beyond his/her normal pay hours for any givenday while assigned to jury panel, jury test or jury duty.

Section 26.2 Reporting. On any day an employee isrequired to report for jury duty or jury test, he or she willwork his regular assignment and be relieved in sufficienttime to report as required by law, or shall report aftercompletion of jury service for the day to complete theremainder of his/her shift for that day.

ARTICLE 27Sick Leave

Section 27.1 Sick Leave Accrual. Full time employeeswho are actively employed will earn 1.85 hours per payperiod who have no unexcused absences. Employees canaccumulate a maximum of 384 hours of sick leave, afterwhich time they will not accumulate more sick leaveuntil the balance falls below 384 hours.

Section 27.2 Sick Leave Cash Out. Employees maycash out any unused sick leave accrued at 50% of thevalue of the sick leave by providing the Company with a

42

Page 45: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

written request at least 10 days prior to the start of thepay period when the cashed out sick leave will be paid.Employees hired after the ratification date of thisAgreement shall not be permitted to cash out anyunused sick leave accrued. This provision is intendedto affect only those employees hired after the ratifica-tion date of this Agreement.

ARTICLE 28Minimum Guarantee

Section 28.1 Minimum Guarantee. The Companywill guarantee a minimum of 40 hours of earnings perweek to the top 82% senior employees. The Companywill make available seniority rosters on a monthlybasis for the union to review. If the employee is on vaca-tion, holiday, sick leave or any other excused absence ina work week, the 40 hour guarantee will be reduced byan amount that is the same as such vacation, holiday, sickleave or excused absence time. Furthermore, this mini-mum guarantee shall not apply if any one of the follow-ing circumstances apply:

A. The employee fails to complete any and all sched-uled work during the week, including any portion of anyshift.

B. The employee fails to accept any extra work offeredto make up the guarantee.

C. In the event operations are curtailed due to adeclared emergency, weather or requirement of SORTA.

D. During the weeks in which the Christmas andThanksgiving holidays are observed.

43

Page 46: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

44

ARTICLE 29Buy-Out

29.1 Buy-Out: The Company has the option to offera “Buy Out” for top of the scale drivers. The amount ofthe buyout would be $8,500 to $10,000.

ARTICLE 30Paid Time Off (“PTO”)

30.1 P.T.O: Employees hired after the ratificationdate of this Agreement will be required to convert cur-rent accrual of all personal days and a portion of earnedsick days, not to exceed a total of 48 hours in the aggre-gate, into Paid Time Off days (“PTO”). All other bene-fit accruals at Article 18.7 and Article 27 shall remainunchanged.

This provision is intended to affect only those employ-ees hired after the ratification date of this Agreement.

Side Agreement

Upon ratification, all attendance points of employeeswill be removed from their attendance records.Employees will not receive attendance points for using“sick days” (PTO days) provided they follow the rulesand policies of the Company’s Attendance Policy.

Page 47: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018

45

ATU Local Union 627

By:Name:Title:Date:

By:Name:Title:Date:

MV Transportation, Inc.

Page 48: COLLECTIVEBARGAINING AGREEMENT BETWEEN … · collectivebargaining agreement between mvtransportation,inc. and amalgamated transitunion local627 march1,2014 tomarch1,2018