2012 NEGOTIATIONS

INDUSTRIAL, TECHNICAL and PROFESSIONAL EMPLOYEES UNION ITPEU / OPEIU LOCAL 4873, AFL-CIO

REPRESENTING:

YCS TAXI CAB DRIVERS LAS VEGAS, NEVADA

ITPEU BARGAINING TEAM

Dennis Arrington, ITPEU Sec. Treasurer Ruthie Jones, ITPEU Representative Sam Moffitt, Chief Shop Steward Paul Bohelski, Sr. Intl Representative

YCS Shop Stewards: Ngash Ademe, Yellow Cab Gerald Johnson, Checker Cab Dustin Qualls, Yellow Cab
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Tentative Agreement Reached

November 8, 2012
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What Are We Voting On? Ratification To Accept or Reject The Entire

L.B.& F.O. for Complete Agreement With YCS

Vote FOR or AGAINST the Tentative Agreement In Its Entirety No Cafeteria Style Voting 50% +1 Vote Determines The Outcome
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There Are Two Possible Outcomes:

YES (ACCEPT) = Ratify The Agreement
ITPEU will notify YCS that the Union membership accepts the new CBA. All terms and conditions of the new CBA become immediately effective.

NO (REJECT) = Do Not Ratify The Agreement

ITPEU will notify YCS of the outcome. YCS will be free to implement all or any part of their Last, Best and Final Offer, anytime after midnight December 15, 2012.
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Four Membership Meetings Scheduled

THURSDAY, November 29th (10:00 A.M. & 6:00 P.M.) FRIDAY, November 30th (10:00 A.M. & 4:00 P.M.) Votes will be counted immediately following the last meeting on Friday, November 30, 2012. The following information is designed to provide an overview of the modifications to our existing CBA.

At the conclusion of our Presentation there will be a Question & Answer period.
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Briefing on Contract Changes

This Presentation Includes Only The Provisions That Have Changed From The Existing CBA. The ITPEU And Your Negotiating Team Unanimously Recommends Acceptance Of Last, Best And Final Offer For Ratification.
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LANGUAGE CHANGES TO CBA

PREAMBLE:

Added New Last Paragraph: The Union, in concert with the Company, shall hold at least three recruiting events annually for the mutual purpose of filling shifts. The Company will pay all expenses for each event.

ARTICLE 1 UNION RECOGNITION

A. The Employer hereby recognizes the Union as the sole bargaining agent in all matters concerning wages, hours and other terms and conditions of employment for all taxicab drivers ... J. (New Last Two Sentences) At no time will a driver use a company vehicle for purposes of visiting the Union office. The Union orientation shall not exceed more than one hour in length.
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ARTICLE 4 HOURS AND CONDITIONS

A.

The Employer shall have discretion in establishing the shifts available to drivers. Drivers electing to work twelve (12) hour shifts shall not exceed twelve (12) hours per shift. Said driver shall have the rights, under the bidding procedures set forth herein, to select the shifts which the driver chooses to work by seniority if available.

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ARTICLE 4 HOURS AND CONDITIONS (Contd)

B. If the driver is required to wait more than

thirty-five (35) minutes for a cab, or the drivers cab is unavailable, the driver shall be "off the book" for that shift and after one-and-one-half hours the driver has the option to go home. New Language Removes Requirement To Report To Work 15 Minutes Before Start of Shift.

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ARTICLE 4 HOURS AND CONDITIONS (Contd)

C. (Old Section D.)

During the course of their shift, a driver is entitled to a meal break not to exceed one (1) hour in duration on a 10-hour shift and not to exceed one (1) hour and fifteen (15) minutes for a twelve-hour shift. Meal breaks may be split. Each employee must enter the beginning and ending time of their break on their trip sheet.

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ARTICLE 4 HOURS AND CONDITIONS (Contd)

D.

Drivers absent due to illness or injury shall advise the Employer as to their expected date of return to work, and of any changes therein, but shall not be required to call or advise the Employer on a daily basis. All medical documentation must be received by Human Resources Department within five (5) business days of the time of the request.

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ARTICLE 5 DRIVER DUTIES

P. Drivers will be compensated at the

minimum wage rate of pay for no more than one hour during a legitimate breakdown needing a tow, provided the driver was not at fault for the condition leading to the tow. Q. When picking up a paycheck, each driver will be required to show their current drivers license.

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ARTICLE 6 MANAGEMENT DUTIES

D. Book Average (Add New Language)

Management acknowledges that the book average analysis is intended to be instructive and corrective in nature.

In counseling or disciplining drivers, management will evaluate all reasonable factors affecting book.
None of the provisions of this article will act to restrict the right of the employer to discipline any driver, up to an including discharge.
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ARTICLE 7 SENIORITY, SHIFTS & BIDDING

L. (Add New Last Sentence)

The employer retains the right to call into work at the beginning of the extra-board schedule, such additional extra-board drivers as the Employer anticipates will be needed due to an unusually large demand for drivers. Any driver asked to work a short shift by a supervisor will receive full shift credit.

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ARTICLE 8 BIDS
A. All shifts shall consist of twelve (12) hours in

length, except for geographically restricted cabs which shall be scheduled to work ten 10) hour shifts, as specified in Article Four of this Contract. The Company will bid four (4) day work shifts of twelve (12) hours in length for all drivers with six (6) or more years of service. No driver, with the exception of extra board drivers will be required to work more than sixty (60) hours in any seven (7) consecutive days.
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ARTICLE 12 HOLDUP, ROBBERY OR RUN-OUTS

B. (Add New Last Sentence)

If a run-out occurs after the meter reaches thirty dollars ($30.00), the driver will be responsible for the entire fare except that drivers are allowed one (1) cash run out and one (1) credit card run out -- in a store forward scenario -- in a twelve (12) month period, not to exceed thirty dollars ($30.00).

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ARTICLE 14 DISCIPLINE
A. (Add New Language)

...After probation, unless an intolerable offense, discipline is intended to correct undesirable behavior or conduct and, where appropriate, shall be progressive in nature. The employer has the right to discipline or discharge non-probationary employees for just cause.

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ARTICLE 14 DISCIPLINE (Contd)

D (1) Change Like Offense to Similar Offense

...After probation, unless an intolerable offense, discipline is intended to correct undesirable behavior or conduct and, where appropriate, shall be progressive in nature. The employer has the right to discipline or discharge non-probationary employees for just cause. D (2) For Major Offenses three (3) days suspension without pay for the first offense, four (4) days suspension without pay for a second similar offense (Old language was five (5) days for 2nd offense)
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ARTICLE 14 DISCIPLINE (Contd)

D (3) Intolerable Offenses: (C) Reporting for work or driving while under the influence of alcohol or illegal behavior changing substance (or possession of same). (K) Intentionally doing that which should not be done or intentionally failing to do that which should be done, showing substantial disregard of duties.

(M) Soliciting gratuity from customer or providing gratuity to supervisors, dispatchers or any other employee.
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ARTICLE 14 DISCIPLINE (Contd)

D (3) Intolerable Offenses: (O) Negligent or reckless driving. (P) Failure to report a collision or incident immediately, unless because of mitigating circumstances.

(R) Failure to turn in complete cash collections, or follow proper cashiering procedures.
(S) Willful falsification of employment application or other employment records.
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ARTICLE 14 DISCIPLINE (Contd)

D (3) Intolerable Offenses: (W) Threatening, violence, intimidating, coercing or interfering with other employees. (X) On or off-duty conduct or offensive actions of speech or demeanor in public which affects job performance and/or Employer's image. Refusal to drive assigned shift/cab

(Y)

(AA) Engaging in, aiding or abetting any illegal activity.

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ARTICLE 14 DISCIPLINE (Contd)

D (3) Major Offenses: (Existing Language Ran A. M. New Language is A. F.)
(B) Old Section F. (C) Old Section H. (D) Sleeping on the Job. (E) Old Section L.

(F) Old Section M.

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ARTICLE 17 SAFETY AND PROPERTY DAMAGE POLICY

DRIVERS WILL NO LONGER BE HELD FINANCIALLY RESPONSIBLE OR BE REQUIRED TO PAY YCS FOR ANY DAMAGES TO COMPANY PROPERTY
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ARTICLE 17 SAFETY AND PROPERTY DAMAGE POLICY

A. (New 2nd Sentence)

All drivers shall attend safety meetings as directed by the Employer. Drivers shall be compensated at the minimum wage rate of pay for all time spent in safety meetings, provided that the drivers total compensation for hours worked including safety meetings falls below the minimum wage rate of pay. Upon request, the parties will meet at reasonable times to discuss matters concerning the safety of the drivers.
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ARTICLE 17 SAFETY AND PROPERTY DAMAGE POLICY

B. (Old Section C. Reworded)

All drivers shall be required to obtain a copy of their driving record from the DMV, biannually, on their hire date anniversary and six months subsequent thereto. The Company will reimburse the driver for the cost of one DMV report annually. Those drivers with six (6) points or more shall attend a certified defensive driving class. Those drivers not complying and/or any driver, whose DMV printout is deemed unacceptable by the company, will be subject to termination.
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ARTICLE 17 SAFETY AND PROPERTY DAMAGE POLICY

C. Upon the completion of a full year with the

Company without a property damage claim, the driver shall be paid a safety award in recognition by the Company, payable with a separate check by December 24, during each year this Agreement is in effect. Qualified drivers must have been hired prior to December 1 of each year and have a minimum of one year continuous service. Eligible drivers who elect to bid a four (4) day work week must have worked a minimum of 190 shifts annually to qualify. Drivers working a five (5) day or six (6) day shift must have worked a minimum of 200 shifts annually to qualify.

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ARTICLE 17 SAFETY AND PROPERTY DAMAGE POLICY

C. (Contd)

Annual Safety Award Increases: 1. After the 1st year through 3rd year $125.00

2. After the 4th year through 7th year $350.00

3. After 8th year through 14th year $575.00 4. After the 15th year and over $800.00 Current Amounts: $100/$300/$500/$750
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ARTICLE 18 - WAGES
B. For employees of less than (12) months, drivers will share 39% For employees of (12) months to less than (5) years, drivers will share 41% For employees (5) years to less than (10) years, drivers will share 43%

For employees of (10) years or more, drivers will share 43 %

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ARTICLE 18 - WAGES
C. When a driver dispatches for the elite fleet, the driver will receive $6.00 per hour over and above all other compensation received. Elite Dispatch drivers may dispatch up to, but must not exceed four (4) hours in any one calendar day. D. Special Service vehicle drivers will receive $5.00 dollars per call in addition to their book for each shift worked provided that the call is generated by central dispatch for a wheelchair-bound customer.

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ARTICLE 20 ANNUAL BONUS

B. Increase Annual Bonus of $310,000.00 For the calendar year of this contract commencing with agreement or implementation, the Employer agrees to make available an annual bonus of Three Hundred and Forty Thousand Dollars ($340,000.00) in 2013, Three Hundred and Fifty Thousand Dollars ($350,000.00) in 2014,Three Hundred and Sixty Thousand Dollars ($360,000.00) in 2015, Three Hundred and Seventy Thousand Dollars ($370,000.00) in 2016, Three Hundred Eighty Thousand Dollars ($380,000.00) in 2017 to all eligible drivers.
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ARTICLE 20 ANNUAL BONUS

B. Increase Annual Bonus (Contd) In order to be eligible, a driver must have been a permanent, full time driver who has completed at least 190 full shifts for a four (4) day bid driver and 200 full shifts for a five (5) or six (6) day bid driver during any calendar year, commencing with December 1, and ending November 30th of this or any subsequent year of the Contract. Five (5) days (shifts) leave due to a substantial work related injury shall be counted toward said 190 for a four (4) day bid driver or 200 full shifts for a five (5) or six (6) day bid driver.
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ARTICLE 20 ANNUAL BONUS

B. Increase Annual Bonus (Contd) Further, in order to be eligible, a driver may not have had a property damage claim with more than One Thousand Dollars ($1,000.00) cost to the company. The bonus shall be paid on or before December 24th.

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ARTICLE 20 ANNUAL BONUS

C. The Employer agrees to utilize a formula for distribution of the bonus which will be based on book performance.
Example: Total annual bonus amount divided by total net book, yielding a percentage multiplied by an individual drivers net equals a drivers individual bonus.

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ARTICLE 21 VACATION PAY

C. 4. (New) In the event a driver suffers a

serious disabling medical condition that causes him to miss work, he shall receive pro-rated vacation pay for the year in which he last performed work, provided he qualified for vacation pay the prior year. Notwithstanding the foregoing, if on any leave of absence, not including FMLA, the driver shall not also receive pro-rated vacation pay.
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ARTICLE 21 VACATION PAY

I. (New)
Each month, the Company will make a posting listing all shifts worked the preceding ten (10) months for drivers within two (2) months (60 days) of their anniversary date.

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ARTICLE 25 LOA GENERAL

A. All full time drivers may be granted a thirty (30) day leave of absence without pay each year worked after their second year of continuous employment to be taken along with their vacation, or at any other time provided they furnish a written request setting forth the reasons thereof and obtain a written approval from the Employers Human Resources office or designated representative (in Human Resources reasonable discretion). The Employer will accommodate such personal leave of absence request, provided the driver has worked 190 shifts the preceding twelve (12) months for four-day (4) shift workers or 200 shifts for five (5) or six (6) day workers. Drivers who accept other employment while on leave of absence shall lose their seniority with the Employer and are subject to immediate termination.
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ARTICLE 25 LOA GENERAL

C. Leaves of absence may be granted by the Employer for reasons other than those specified above, and for periods mutually agreed upon by the Employer and driver. Leaves of absence shall be granted in writing with a copy forwarded to the driver. Upon return of a driver from leave of absence, they shall be returned to their regular job classification and shift within five (5) days after the driver notifies the Employer that they are available to return to work. (Above Language is Existing Article 28, Section A.)
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ARTICLE 26 LOA BEREAVEMENT

A.

Leaves of absence for five (5) days without pay shall also be granted for reasonable periods for death or serious illness in the driver's immediate family (spouse, designated domestic partner to be registered with the company, child, parent, grandparent, brother, or sister). As soon as possible, the driver shall provide, upon request, suitable proof as to the need for such leave.
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ARTICLE 28 PENSION PLAN

(Numbering Change - Old Article 29)

A. An employee must work for the Company for

one year to be eligible for the plan. An eligible employee must commit a minimum of 5% of their wages for two successive one year period(s) after which the Employer will contribute two (2%) of the employee's compensation provided the employee contributes at least five percent (5%) of compensation. (Increase from 1.75% Employer Contribution)
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ARTICLE 29 HEALTH AND WELFARE

(Numbering Change - Old Article 30)

A. Drivers will be eligible and qualify at six (6) months seniority both current and new hires for health benefits, which will include medical, dental and vision.

Company will continue to contribute twenty cents (.20) for each trip charge for employee health care plan for life of Agreement.

Drivers will be eligible after six (6) months of service for health plan benefits.
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ARTICLE 31 SHIFT CREDITS

(Numbering Change - Old Article 32)

A. In order for a driver to be eligible for their birthday off the driver must have been a full time employee with the Company for one (1) year. If a driver elects to work on their birthday, the driver will receive one (1) additional day of shift credit. Drivers must submit a written request and obtain approval one week in advance.

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ARTICLE 32 PERSONAL DAYS

(Numbering Change - Old Article 33)

A. New Sub-Section:

A driver will be permitted two (2) unexcused sick days per calendar year not to run concurrently.

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ARTICLE 34 TERMINATION and MODIFICATION

(Numbering Change - Old Article 35)

A. This Agreement shall be effective for a five (5) year period commencing upon execution of the contract by all parties and shall terminate five years thereafter. For wages earned and any other provisions of this agreement notwithstanding, all rights and benefits of every nature whatsoever accruing under this agreement will expire with the termination of this agreement, and no driver shall be entitled to receive any such benefits after expiration.
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THANK YOU

End.
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