2006 TEAMSTERS CBA Legislative Format

AGREEMENT BETWEEN
PUBLIC TRANSPORTATION SERVICES

CORPORATION (PTSC)
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL 911
EFFECTIVE OCTOBER 1, 2006 TO SEPTEMBER 30, 2009
i
TABLE OF CONTENTS
PREAMBLE.................................................................................................................................. 1
PURPOSE OF CONTRACT....................................................................................................... 1
ARTICLE 1 ................................................................................................................................... 2
RECOGNITION AND BARGAINING...................................................................................... 2
ARTICLE 2 ................................................................................................................................... 3
CONTINUITY OF SERVICE TO THE PUBLIC....................................................................... 3
ARTICLE 3 ................................................................................................................................... 4
PTSC RIGHTS............................................................................................................................ 4
ARTICLE 4 ................................................................................................................................... 5
UNION RIGHTS AND RESPONSIBILITIES ........................................................................... 5
ARTICLE 5 ................................................................................................................................... 6
COMPENSATION ..................................................................................................................... 6
ARTICLE 6 ................................................................................................................................... 9
SHIFTS AND SCHEDULES...................................................................................................... 9
ARTICLE 7 ................................................................................................................................. 11
ISSUANCE OF PAYCHECKS ................................................................................................ 11
ARTICLE 8 ................................................................................................................................. 12
OVERTIME.............................................................................................................................. 12
ARTICLE 9 ................................................................................................................................. 15
WORK DAY AND WORK WEEK .......................................................................................... 15
ARTICLE 10 ............................................................................................................................... 16
MILEAGE................................................................................................................................. 16
ARTICLE 11 ............................................................................................................................... 17
LEAVES OF ABSENCE .......................................................................................................... 17
ARTICLE 12 ............................................................................................................................... 22
SICK LEAVE ........................................................................................................................... 22
ARTICLE 13 ............................................................................................................................... 24
1
VACATIONS ........................................................................................................................... 24
ARTICLE 14 ............................................................................................................................... 26
HOLIDAYS .............................................................................................................................. 26
ARTICLE 15 ............................................................................................................................... 28
TRANSPORTATION PASSES................................................................................................ 28
ARTICLE 16 ............................................................................................................................... 30
UNIFORMS AND EQUIPMENT ............................................................................................ 30
ARTICLE 17 .............................................................................................................................. 32
DISCIPLINE............................................................................................................................. 32
ARTICLE 18 ............................................................................................................................... 37
GRIEVANCE PROCEDURE................................................................................................... 37
ARTICLE 19 ............................................................................................................................... 40
ARBITRATION PROCEDURE............................................................................................... 40
ARTICLE 20 ............................................................................................................................... 42
ON-DUTY INJURY ................................................................................................................. 42
ARTICLE 21 ............................................................................................................................... 44
WITNESS PAY/JURY DUTY ................................................................................................. 44
ARTICLE 22 ............................................................................................................................... 46
HEALTH AND SAFETY ......................................................................................................... 46
ARTICLE 23 ............................................................................................................................... 47
RETIREMENT ......................................................................................................................... 47
ARTICLE 24 ............................................................................................................................... 48
PROBATIONARY PERIOD .................................................................................................... 48
ARTICLE 25 ............................................................................................................................... 49
RULES AND REGULATIONS................................................................................................ 49
ARTICLE 26 ............................................................................................................................... 50
UNION BULLETIN BOARDS ................................................................................................ 50
ARTICLE 27 ............................................................................................................................... 51
SENIORITY ............................................................................................................................. 51
2
ARTICLE 28 ............................................................................................................................... 53
UNION BUTTONS .................................................................................................................. 53
ARTICLE 29 ............................................................................................................................... 54
UNION SECURITY/AGENCY SHOP .................................................................................... 54
ARTICLE 30 ............................................................................................................................... 55
UNION DUES - CHECKOFF ................................................................................................. 55
ARTICLE 31 ............................................................................................................................... 58
CLASSIFICATION PAY ......................................................................................................... 58
ARTICLE 32 ............................................................................................................................... 59
INSURANCE............................................................................................................................ 59
ARTICLE 33 ............................................................................................................................... 60
TERM OF AGREEMENT ........................................................................................................ 60
ARTICLE 34 ............................................................................................................................... 61
ASSIGNABILITY .................................................................................................................... 61
ARTICLE 35 ............................................................................................................................... 62
MISCELLEANOUS BENEFITS.............................................................................................. 62
SIDELETTER OF AGREEMENT ........................................................................................... 64
2000- 01 (AMENDED 2006)........................................................................................................ 64
INTERNAL POSTINGS........................................................................................................... 64
2003 – 01................................................................................................................................... 68
TEMPORARY SERGEANT ASSIGNMENT.......................................................................... 68
2003 – 02................................................................................................................................... 69
SENIOR TRANSIT SECURITY OFFICER DUTIES AND RESPONSIBILITIES ................ 69
2003 - 03.................................................................................................................................... 70
SEMIAUTOMATIC FIREARM .............................................................................................. 70
2006 - 01.................................................................................................................................... 71
3
2006 - 02.................................................................................................................................... 72
AGREEMENT TO LIMITED CONTRACT REOPENER....................................................... 72
2006 - 03.................................................................................................................................... 73
INSURANCE............................................................................................................................ 73
4
1
2 PREAMBLE
3
4 PURPOSE OF CONTRACT
5
6
7 The parties set forth the terms of this Agreement for the purpose of developing a
8 labor relations environment that is conducive to improving service to the public
9 and a harmonious relationship between the Union, its members, and the PTSC,
10 while providing equitable wages, hours, and terms and conditions of
11 employment.
1
1
2 ARTICLE 1
3
4 RECOGNITION AND BARGAINING
5
6
7
8 1.1 RECOGNITION
9
10 The Public Transportation Services Corporation (PTSC) recognizes the
11 Teamsters as the exclusive representative for the purpose of collective
12 bargaining, with respect to rates of pay, wages, hours of employment and
13 working conditions, for all Public Transportation Services Corporation
14 (PTSC) employees in the bargaining unit.
15
16 1.2 DEFINITIONS
17
18 The parties agree that the term “employee” wherever used herein,
19 whether singular or plural, means and applies only to those employees of
20 the PTSC within said bargaining unit, and that this Agreement covers only
21 said employees.
22
23 1.3 NON-DISCRIMINATION
24
25 The PTSC and the Union agree that no employee shall be discriminated
26 against because of Union Stewardship, Union Membership non-
27 membership, race, religion, age, sex, sexual orientation, handicap, or
28 national origin or for any other unlawful reason.
29
30 1.4 COMPOSITION OF BARGAINING UNIT
31
32 The bargaining unit shall be comprised of all employees included within
33 the classifications set forth in Article 5 of this Agreement.
34
2
1
2 ARTICLE 2
3
4 CONTINUITY OF SERVICE TO THE PUBLIC
5
6
7
8 2.1 AGREEMENT
9
10 It is recognized that the parties are engaged in rendering a public service
11 and that they will comply with all applicable valid rules, regulations and
12 laws of the governmental authorities; therefore, the parties contract that
13 nothing contained in this Agreement shall be construed to conflict or be
14 inconsistent or incompatible with such rules, regulations or laws. To the
15 extent that any of the terms or provisions of this Agreement shall be in
16 conflict, inconsistent or incompatible with any such rules, regulations, or
17 laws presently in effect or to be enacted during the terms of this
18 Agreement, they shall be void and invalid, but all other terms and
19 conditions of this Agreement shall remain in full force and effect. Such
20 invalid terms and provisions will be reconsidered and renegotiated by the
21 parties within thirty (30) days of the effective date of any such rules,
22 regulations or laws.
23
24 2.2 NO-STRIKE CLAUSE
25
26 During the terms of this Agreement, neither the Union nor its members
27 shall call or engage in any strike.
28
29 2.3 NO LOCKOUT CLAUSE
30
31 During the term of this Agreement, the PTSC shall not cause or permit any
32 lockout of any its employees.
33
3
1
2 ARTICLE 3
3
4 PTSC RIGHTS
5
6
7
8
9 3.1 DISCIPLINE
10
11 The Union recognizes that willful infractions of the PTSC’s Rules and
12 Regulations will constitute cause for disciplinary action.
13
14 3.2 RETENTION OF AUTHORITY
15
16 It is understood and agreed that any of the rights, powers, or authority the
17 PTSC had prior to the signing of this Agreement are retained by the PTSC
18 except those specifically abridged, granted, or modified by this
19 Agreement.
20
21 3.3 MANAGEMENT RIGHTS
22
23 The management of the PTSC and the direction of the working forces,
24 including, but not limited to, the right to hire, suspend, or discharge for just
25 cause, assign or transfer employees, adopt new or changed methods of
26 performing the work, prescribe reasonable general work rules, and to
27 contract out work, is vested exclusively in the PTSC, and the PTSC
28 retains all rights that its legally had, subject to the restrictions of law or a
29 specific provision of this Agreement.
30
31 3.4 It is agreed that the provision of Article 3.3 - Management rights remains
32 unchanged. The Authority reserves the right to utilize the services of
33 outside security services at its discretion. It is not the intent of the
34 Authority to remove the work covered by the contract between the PTSC
35 and Teamsters. If the Authority elects to contract out security services,
36 the PTSC will notify the Teamsters (Union) prior to the implementation of
37 such action. The Teamsters may request, and the PTSC agrees to meet
38 and discuss the impact, if any, of subcontracting such work, prior to its
39 implementation.
40
4
1
2 ARTICLE 4
3
4 UNION RIGHTS AND RESPONSIBILITIES
5
6
7
8 4.1 RESPONSIBILITIES
9
10 It is agreed that the Union and the PTSC shall endeavor to administer this
11 agreement in a responsible manner and to cooperate with each other in
12 order to achieve the goals set forth in Article 1.
13
14 4.2 GRIEVANCE INVESTIGATION
15
16 The PTSC agrees to grant official representatives of the Union the access
17 to and right to discuss with any affected employee any grievance or
18 problem arising under the terms of this Agreement during working hours,
19 provided that advance notice is obtained from PTSC management
20 whenever possible.
21
22 A Steward may leave his/her work during working hours with permission of
23 the immediate supervisor for the purpose of presenting a grievance for
24 adjustment to the grievant’s supervisor or Watch Commander when so
25 requested by an employee.
26
27 A Steward may be granted permission to leave work during working hours
28 to attend a Union meeting if the Supervisor or Watch Commander is given
29 forty-eight hours notice. Time spent at such Union meetings will not be
30 paid by the PTSC.
31
32 The PTSC shall pay a Shop Steward a total of four hours at straight time
33 per month for the processing and presentation of grievances. The Union
34 shall request such time to be paid to the various Shop Stewards in
35 increments of thirty minutes; such time shall be cumulative up to a
36 maximum of forty hours per year.
37
38 Each party will cooperate with the other in reducing to a minimum the
39 actual time spent by Stewards in investigating, presenting and adjusting
40 grievances or disputes.
41
42 4.3 COLLECTIVE BARGAINING TIME
43
44 A mutually agreed upon number of maximum of three employees may
45 serve on the negotiating team at any one time.
46
47 Two eEmployees participating in the meet-and-confer process shall be
48 entitled to receive pay and benefits from the PTSC for up to ten
49 negotiating sessions.
5
1
2 ARTICLE 5
3
4 COMPENSATION
5
6
7
8 5.1 SALARY SCHEDULE - Effective October 1, 20063
9
10 A. Transit Security Officer II:
11
Step 10/01/2003 10/01/2004 10/01/2005
A $12.36 $12.67 $12.99
B 13.16 13.49 13.83
C 13.96 14.31 14.67
D 14.88 15.25 15.63
E 15.62 16.01 16.41
F 16.41 16.82 17.24
G 18.38 18.84 19.31
H 18.74 19.21 19.69
12
13
Step 10/1/2006 10/1/2007 10/1/2008
A 13.38 13.85 14.40
B 14.25 14.75 15.34
C 15.11 15.64 16.27
D 16.10 16.66 17.33
E 16.90 17.49 18.19
F 17.76 18.38 19.12
G 19.89 20.59 21.41
H 20.28 20.99 21.83
14
15 Transit Security Officer II will be compensated in the following manner:
16 new hires will initially be compensated at Step A and remain there for a six
17 (6) month period before progressing to Step B; after twelve (12) months at
18 Step B progress to Step C; and progression to each subsequent step will
19 occur twelve (12) months after the prior progression.
20
21 The hourly salary schedule for all Transit Security Officer I’s is as follows:
22
Step 10/01/20063 10/01/20074 10/01/20085
I $16.42 $16.83 $17.25
$17.77 $18.39 $19.13
23
6
1 B. Senior Transit Security Officers
2
10/01/2006 10/01/2007 10/01/2008
$21.31 $22.06 $22.94
3
4 Senior Transit Security Officers shall receive a premium of $1.00
5 above the base rate of a Transit Security Officer II.
6
7 Senior Transit Security Officers assigned the duties of Watch
8 Commander shall receive five percent (5%) in addition to any other
9 compensation under any other provision of the collective bargaining
10 agreement while performing the duties of Watch Commander.
11
12 The MTA may at any time eliminate one or more of the entry steps in
13 the wage progression. Any Officers who are in the step(s) which is
14 being eliminated will be moved up to the next step.
15
16 5.2 INSTRUCTOR PREMIUM PAY
17
18 A. Field Training Instructor
19
20 Transit Security Officers designated by management as Field
21 Training Instructor shall receive an additional $1.15 per hour during
22 the time they physically perform the duties of Field Training
23 Instructor.
24
25 This shall be in addition to any other compensation provided under
26 any other provision of this Agreement. This premium does not
27 include those personnel who on occasion may be required to work
28 with a new recruit.
29
30 B. Dispatcher
31
32 Transit Security Officers and Senior Transit Security Officers shall
33 receive an additional $1.15 per hour during the time they physically
34 perform the duties of Dispatcher.
35
36 C. Rangemaster or Armorer
37
38 Transit Security Officers and Senior Transit Security Officers who are
39 qualified as Rangemaster or Armorer, shall be paid an additional
40 $1.15 per hour during the time they physically perform the duties of
41 Rangemaster or Armorer.
42
43 D. Canine Officer
44
45 Transit Security Officers and Senior Transit Security Officers who are
46 qualified for a canine assignment and perform in such assignment,
7
1 shall be paid an additional $1.15 per hour for all pay hours during the
2 period they are on a Canine Assignment.
3
4 Canine Officers will be paid an allowance of $15 per day (7 days a
5 week). This $15 is meant to be an allowance and is not included as
6 time worked for the calculation of overtime.
7
8 The Canine Assignment will be a flexible schedule, in which work
9 assignments and hours may vary depending on the need and
10 demand for the services of the canine unit.
11
12 The Canine Assignment is unique and the successful candidate for
13 the assignment must meet and maintain all of the conditions and
14 qualifications for the position, including a minimum three-year
15 commitment to work exclusively on canine duty.
16
17 A Canine Officer who is required to be “on call” shall be paid an
18 allowance equal to one (1) hour pay for each twenty four (24) hour
19 period on call. When a Canine Officer is “called in” from “on call” they
20 will work and be paid for a minimum of four (4) hours at an overtime
21 rate.
22
8
1
2 ARTICLE 6
3
4 SHIFTS AND SCHEDULES
5
6
7
8 6.1 SHIFT
9
10 For the purpose of applying shift differential, the work day shall be divided
11 into three shifts:
12
13 The day shift shall commence at 6:00 a.m. and terminate at
14 2:30 p.m.
15
16 The swing or evening shift shall commence at 2:00 p.m. and
17 terminate at 10:30 p.m.
18
19 The graveyard or night shift shall commence at 10:00 p.m.
20 and terminate at 6:30 a.m.
21
22 In all instances where the term “shift” is used, the term “watch” is
23 considered interchangeable.
24
25 6.2 LOCKERS
26
27 Employees shall be provided lockers by the PTSC at their work locations
28 for the purpose of storing clothing and appropriate personal effects.
29
30 6.3 SHIFT DIFFERENTIAL
31
32 All employees who work the major portion of their work day on swing shift
33 shall receive shift premium pay equal to 3% of the hourly rate and all
34 employees who work the major portion of their work day on the graveyard
35 shift shall receive premium pay equal to 5% of the hourly rate.
36
37 Transit Security Officers assigned to Revenue Collection on the early
38 morning assignment will be paid the appropriate differential for shift.
39
40 6.4 MEAL PERIODS
41
42 Employees covered by this Agreement shall receive a thirty (30) minute
43 meal period.
44
45 6.5 BREAK PERIODS
46
47 Employees covered by this Agreement shall receive two paid fifteen (15)
48 minute breaks in addition to their meal period each work shift.
49
9
1
2
3 6.6 WORK SCHEDULE
4
5 The PTSC reserves the right to establish staffing levels, work shifts, days
6 off, qualifications and assignments. Once established this work will be
7 posted by shift, days off, and assignments and will be bid by qualified
8 bidders in seniority order on an annual basis. Officers in their probationary
9 period will not bid but will instead be assigned by PTSC. schedule
10 employees as it deems appropriate to meet the PTSC's needs. The PTSC
11 shall consider employee preferences relative to work assignments.
12 Officers with a valid hardship who find another Officer willing to trade
13 assignments with them may present this trade to the MTA Director of
14 Security for approval.
15
16
17 The PTSC agrees to notify the Union in advance of any changes in
18 Department procedures established for Transit Security Officer shift
19 assignments.
20
21 6.7 LONGEVITY
22
23 Transit Security Officers I and II, with twenty or more years of
24 departmental service shall be given preference as to work location,
25 provided the operational needs are satisfied
26
10
1
2 ARTICLE 7
3
4 ISSUANCE OF PAYCHECKS
5
6
7 7.1 PAY PERIODS AND PAYDAYS
8
9 Pay periods will end every other Saturday night to include all assignments
10 for the last day of the pay period. Paychecks will be issued bi-weekly on
11 the first Friday following the close of the pay period, except in those weeks
12 in which a holiday occurs. Every effort will be made to issue paychecks
13 during the week when the holiday falls. If unable to issue checks and
14 make delivery on Friday, the checks will be issued no later than the
15 following Monday.
16
17 7.2 VACATION ALLOWANCE
18
19 Paychecks for vacation allowance will be made available to employees
20 before vacation begins, provided a request is made at least ten days prior
21 to the beginning of vacation.
22
23 Paychecks for regular work days will not be made available for persons
24 receiving payment for vacation allowance in advance of regular paydays.
25
11
1
2 ARTICLE 8
3
4 OVERTIME
5
6
7
8 8.1 REGULAR OVERTIME PROVISION
9
10 All employees shall be paid one and one-half (1 1/2) times their straight
11 time hours for all work they perform in excess of forty (40) hours per week,
12 at their regular straight time hourly rate of pay.
13
14 Sick leave time shall not be counted as time worked for the computation of
15 overtime pay.
16
17 8.2 OVERTIME FOR DOUBLE SCHEDULING
18
19 In the event a unit member reports to work for a regularly scheduled shift,
20 and the Watch Commander determines that he/she is not needed to work
21 and must be sent home, the unit member shall be entitled to three (3)
22 hours overtime pay at one and one-half (1 1/2) times their regular straight
23 time hourly rate of pay.
24
25 8.3 PROVISION AGAINST PYRAMIDING
26
27 Where more than one (1) provision is involved, only that provision which
28 creates the greatest compensation shall apply.
29
30 8.4 OVERTIME CALCULATION
31
32 Overtime shall be calculated and compensated on a minute-by-minute
33 basis.
34
35 8.5 OVERTIME SCHEDULING
36
37 It is the intent of the PTSC, where practical, to distribute overtime equally
38 among affected employees.
39
40 As overtime requirements are identified on an assignment, they shall be
41 filled in accordance with the following procedures:
42
43 A. Qualified employees on the same shift as the overtime assignment
44 shall be contacted and offered the overtime work in seniority order.
45 Overtime shall be distributed equally among qualified employees in
46 their respective classifications when practicable on a rotation basis.
47 Failure of an employee to accept overtime when offered will have the
48 same effect as if that employee had worked as far as his/her turn in
12
1 rotation is concerned. The rotation process will start over on the first
2 day of each month;
3
4 B. Overtime – Revenue and Sweep Team
5 In the event that overtime is needed for the Revenue and Sweep
6 Team assignments, overtime shall be offered in seniority order to
7 security officers currently assigned to work the Revenue or Sweep
8 Team assignment on that shift where overtime is needed.
9
10 If the overtime is unable to be filled by regularly assigned officers on
11 the Revenue or Sweep Team on the shift where overtime is needed,
12 then officers assigned to that shift (i.e., Day, E.M.) and who are
13 assigned to Patrol or Gateway Building (USG) assignments will be
14 given the opportunity to work the overtime. Overtime scheduling will
15 be canvassed in seniority order.
16
17 C. If the overtime assignment is not filled as set forth in above, the
18 overtime assignment shall be posted and thereby made available to
19 employees on other shifts. A more senior employee, on another shift,
20 may displace the employee who bid the overtime assignment, up to
21 seventy-two (72) hours before the start of the overtime assignment.
22
23
24 The above procedure is only applicable when the overtime requirement is
25 known to the Department at least seventy-two (72) hours prior to the time
26 of such available overtime.
27
28 Absent the seventy-two (72) hours advance knowledge or if the PTSC is
29 unable to fill the overtime after exhausting the shift seniority list, the PTSC
30 reserves the right to schedule employees as it deems appropriate to meet
31 PTSC needs.
32
33 8.6 SCHEDULING OF OVERTIME FOR "SPECIAL EVENTS (i.e., for the
34 Rose Bowl Parade, Hollywood Bowl, etc.)
35
36 All Officers available to work on an overtime basis for "Special" Events
37 during the following quarter will notify the Watch Commander/Security
38 Coordinator in writing prior to the scheduling date for the next quarter.
39
40 The names of these volunteers will be posted by classification in seniority
41 order.
42
43 During the deployment period the person drawing up the daily schedules
44 shall ask those Officers listed, in seniority order, to work overtime for
45 special events.
46
47 Officers who are offered and accept this overtime assignment will be
48 placed on the daily schedule and all work day and other rules relating to a
49 normal work shift will apply.
13
1
2 The overtime list for “special events” shall be established each quarter in
3 seniority order. Officers shall be offered overtime in seniority order of the
4 established list starting with the most senior officer for each event. This
5 method will be utilized regardless as to the number of “special events” that
6 occur within that quarter.
7
8 Officers, who are offered and refuse this overtime, shall be treated as if
9 he/she had worked as far as his/her turn in the rotation is concerned. The
10 rotation list will start over on a quarterly basis.
11
12 The above procedure only applies to overtime scheduling for "special
13 events" and is only applicable when the request for Officers for special
14 events is received at least seventy-two (72) hours prior to the
15 commencement of the security assignment. If seventy-two (72) hours
16 notice is not received, the PTSC reserves the right to schedule
17 employees, as it deems appropriate to meet its operational needs.
18
19 8.7 Mandatory Overtime
20
21 In the event that overtime is not filled by voluntary overtime, said overtime
22 will be assigned in inverse seniority order rotation, within classification.
23 The rotation process will start over on the first day of each month.
24
14
1
2 ARTICLE 9
3
4 WORK DAY AND WORK WEEK
5
6
7
8 9.1 GUARANTEE
9
10 All employees covered by the Agreement, who are available and work
11 their assignments, shall be guaranteed eight (8) hours per day, and forty
12 (40) hours per week, except as provided elsewhere in this Agreement.
13
14 Employees who are absent from duty and unavailable for work for part of
15 a day, shall receive pay on a minute basis for only the portion of a day
16 worked, and the minimum allowance of eight (8) hours shall not apply.
17
18 9.2 LENGTH OF WORK DAY AND WORK WEEK
19
20 In all classifications, work shifts shall be set up on the basis of eight (8)
21 hours per day, forty (40) hours per week. The union and the PTSC will
22 meet and confer over alternative work schedules prior to implementation.
23
15
1
2 ARTICLE 10
3
4 MILEAGE
5
6
7
8 10.1 PTSC BUSINESS
9
10 Any employee covered by this agreement who is required by the PTSC to
11 use his/her personal car on PTSC business or to travel from one assigned
12 location to another, after signing on for duty, shall be compensated for
13 such travel at the PTSC's mileage rate.
14
15 10.2 INSURANCE COVERAGE
16
17 Any employee desiring benefits pursuant to this Article must comply with
18 applicable insurance requirements established by the PTSC.
19
16
1
2 ARTICLE 11
3
4 LEAVES OF ABSENCE
5
6
7
8 11.1 PERSONAL LEAVE
9
10 A. Short-term Leave
11
12 Any employee covered by this Agreement may, upon written permission
13 from the Department, be granted a leave of absence of up to fifteen (15)
14 working days, provided that the employee gives forty-eight (48) hours
15 notice prior to the commencement of the leave. Employees granted such
16 leave must use any accrued vacation time or floating holidays for
17 compensation during such leave. Such personal leave may be used for
18 the following reasons:
19
20 1. Personal emergencies where the employee must be away
21 from work for a short period to resolve urgent personal
22 business.
23
24 2. Inability to report for work because of natural causes, such as
25 severe weather, earthquake, flood, fires, road conditions,
26 which prevent the employee from reporting to work.
27
28 Such absences may be unpaid if the employee has no accrued time off
29 available.
30
31 B. Long-term Personal Leave
32
33 All leave of absence in excess of fifteen (15) calendar days or more may
34 be requested by completing a leave of absence request in memo form,
35 which must be approved by the employee’s Department Head, the
36 Director of Personnel, the appropriate Executive Staff member, and the
37 Chief Executive Operating Officer or his/her designee. The approval shall
38 not be withheld for capricious or discriminatory reasons.
39
40 C. Benefits during Personal Leave.
41
42 Employees on Personal Leave of Absence of up to ninety (90) days will
43 continue to receive and accrue all their benefits. The employee on leave
44 of absence for fifteen (15) days or more shall be billed for normal life,
45 dental and medical insurance premiums and any other employee benefits
46 requiring payroll deductions during a period in which no gross pay is
47 earned. Unpaid contributions will be collected upon return to work, by
48 taking a double deduction until the unpaid balance is paid in full, providing
49 that such double deductions do not constitute a hardship on the employee.
17
1 In the event of such “hardship”, arrangements will be made with the
2 employee for the repayment schedule. In the event of a leave of absence
3 in excess of ninety (90) days, the employee who does not have paid time
4 off accrued will be required to pay one-half (1/2) of the cost of medical,
5 life, dental and long-term disability insurance.
6
7 11.2 EXTENDED LEAVE OF ABSENCE DUE TO ILLNESS OR INJURY
8
9 Employees covered by this Agreement who are disabled from their
10 present position due to illness, injury, pregnancy or child birth are eligible
11 for an extended leave of absence.
12
13 An extended leave of absence is defined as an absence due to illness or
14 injury for a period from fifteen (15) consecutive working days up to twelve
15 (12) months from the last day worked.
16
17 A Leave of Absence may be granted, without loss of seniority, when
18 employees submit medical verification of their illness or injury and of their
19 inability to return to their current position due to their temporary disability.
20 This verification must be in the form of an Attending Physician's Statement
21 and must include an approximate return-to-work date. Employees who
22 are off work and are not expected to return to work for an extended period
23 (30 calendar days or more) of time shall be placed on Indefinite Leave.
24 While on an extended Leave of Absence, the employee must submit an
25 Attending Physician's Statement within thirty (30) days of the last
26 Attending Physician's Statement on file and on a monthly basis thereafter
27 to substantiate the employee's inability to perform his/her regular duties
28 and provide an expected return to work date. Failure to submit an updated
29 Attending Physician's Statement in a timely manner each month may
30 subject the employee to disciplinary action.
31
32 If an employee returns to work from an extended Leave of Absence and
33 subsequently becomes disabled again, the PTSC will review the reasons
34 for the request and the employee's record to determine whether or not to
35 grant the request. If the PTSC decides not to grant the request, the Union
36 will be notified.
37
38 Employees returning to work after an extended illness must provide a
39 release from their doctor permitting them to resume their duties.
40
41 While the employee is on leave of absence, due to illness or injury, the
42 PTSC will continue to provide the PTSC-paid portion of life insurance
43 coverage and maintain the employees in the medical, dental and vision
44 insurance programs. Employees will be billed for their normal payroll
45 deductions for pension contributions, supplemental life, accidental death
46 and dismemberment insurance, and, if applicable, dependents' medical
47 coverage. These benefits will terminate at the expiration of the leave of
48 absence. Employees may continue their benefits by converting to an
49 individual plan, if their policy has provision for conversion.
50
18
1 Employee contributions to the pension plan will be deferred until the
2 employee returns to work or severs his/her relationship with the PTSC.
3
4 This provision does not affect State of California Workers' Compensation
5 benefits being received by an occupationally injured employee.
6
7 Medical coverage benefits will terminate at the expiration of the leave of
8 absence. Employees may continue their benefits by converting to
9 individual plans, if their policies have provisions for conversion, or they
10 may remain in their current plans for a limited period if they pay the
11 premium(s) to the PTSC pursuant to the Rules and Regulations under the
12 COBRA Federal Legislation (Public Law 99-272, Title X).
13
14 11.3 FAMILY CARE LEAVE
15
16 Family Care Leave will be granted in accordance with PTSC policy, in
17 conformity with the Family Rights Act of 1991 and the Federal Family and
18 Medical Leave Act of 1993.
19
20 Employees eligible for family care and/or medical leave under the PTSC's
21 policy may take up to 12 work weeks of leave in a "rolling" 12 month
22 period for one of the following reasons:
23
24 (1) to care for the employee's child after birth, or placement with
25 the employee for adoption or foster care;
26
27 (2) to care for the employee's spouse, child or parent who has a
28 serious health condition; or
29
30 (3) for a serious condition that renders the employee
31 unable to perform his/her job.
32
33 Employees may use one-half (1/2) of their annual sick leave accrual for
34 the care of family members. Employees may use all of their sick leave for
35 the employee’s serious health condition. Employees may utilize other
36 paid leave banks to continue in a paid status while on a Family Care
37 Leave.
38
39 Applicable leaves granted pursuant to Sections 11.2 and 11.3 will be
40 included in the 12 weeks of Leave of Absence authorized for Family Care
41 and/or Medical Leave.
42
43 Any other leave of absence, i.e., worker’s compensation, short or long
44 term disability, etc., may be counted as Family Care Leave by PTSC with
45 notice to the employee, as required by law.
46
47 11.4 BEREAVEMENT LEAVE
48
49 A Bereavement Leave of Absence up to three (3) consecutive working
50 days shall, without any reduction in pay, be granted to employees as a
19
1 result of a death in the immediate family. The immediate family is defined
2 for the purposes of applying this section of Article 11 as employee's
3 parents (including step-parents or foster parent); grandparents; sisters;
4 brothers; spouse and children; spouse's parents (including step-parents or
5 foster parents); grandparents: sisters and brothers; grandchildren of the
6 employee or the employee's spouse.
7
8 An employee who has a death in the immediate family and who actually
9 travels outside a 350 mile radius to attend the funeral or memorial service
10 will be allowed two additional days of bereavement leave for the purpose
11 of travel, provided the funeral or memorial service is held at the time of the
12 death of the relative.
13
14 The bereavement leave must include the day of the funeral or memorial
15 service or be in connection with the day of death, and must be the
16 employee's regular scheduled work days.
17
18 Employees may use up to five (5) days of accrued floating holidays and/or
19 vacation in conjunction with bereavement leave with the approval of their
20 supervisor.
21
22 The supervisor must be notified as soon as possible when an employee
23 intends to request Bereavement Leave. The supervisor may request proof
24 of the date of the funeral or memorial service or the death and the
25 relationship of the deceased to the employee. Proof consists of printed
26 documentation of the funeral date, including funeral cards,
27 announcements, or newspaper articles and notices.
28
29 11.5 MILITARY LEAVE
30
31 If an employee is drafted or voluntarily enlists in the Armed Forces of the
32 United States or State National Guard, he/she will be placed on military
33 leave with no loss of service credit. Employees with one or more years of
34 PTSC service are entitled to receive their usual compensation for the first
35 thirty (30) calendar days of military leave. Upon separation from military
36 service, the employee must present the PTSC with a copy of his/her
37 separation papers (DD214) and report for work within ninety (90) days of
38 the date of separation to be eligible for reinstatement to his/her former
39 position. This applies only to the initial tour of active military service.
40 Voluntary re-enlistment lasting longer than one year will automatically
41 terminate the employee's eligibility for reinstatement to the previously held
42 job.
43
44 PTSC employees who are members of a reserve component of the U.S.
45 Armed Forces, State National Guard, or the Naval Militia, and who have at
46 least one year of PTSC or recognized military service* are entitled to a
47 leave of absence under the California Military and Veteran's Code, with
48 pay for up to thirty (30) calendar days each fiscal year while away on
49 ordered Active Duty for Training at summer camps or cruises. Employees
50 who are required to be on military leave must furnish the PTSC Personnel
20
1 Department with a signed copy of the military orders, along with a leave of
2 absence request in memo form. Failure to submit proper documentation,
3 including orders and a request for leave of absence memo, will result in
4 the denial of salary payment.
5
6 Employees are to notify their supervisors as early as possible of
7 anticipated military leave and, where possible, are to schedule such leave
8 in accordance with the workload of their department.
9
10 Military leave with pay will not be granted for Inactive Duty or Training
11 (weekend drills, appointments for physical exams, etc.). However the
12 PTSC will cooperate and assist, to the degree work requirements allow, by
13 adjusting employees' schedules and by allowing employees to trade days
14 off to attend Inactive Duty or Training activities.
15
16 *NOTE: Recognized military service is full-time service during a period in
17 which the United States is at war, or a period when the Government has
18 declared a state military emergency.
19
20 Any employee subject to the terms of this Agreement who is called into or
21 enlists in the Armed Forces of the United States or its allies (during a
22 national emergency), shall be given a leave of absence in accordance with
23 the regulations of the National Law affecting military service.
24
25 Payment of Military Leave will be in accordance with the applicable State
26 Law for any employee who is called up for short periods of reserve duty
27 for the U.S. Armed Forces or National Guard, e.g., two week training
28 periods (not including periods such as one night drills or weekend duty).
29
30 Military leave with pay will not be granted for Inactive Duty or Training
31 (weekend drills, appointments for physical exams, etc.). However the
32 PTSC will cooperate and assist, to the degree work requirements allow, by
33 adjusting employees' schedules and by allowing employees to trade days
34 off to attend Inactive Duty or Training activities.
35
21
1
2 ARTICLE 12
3
4 SICK LEAVE
5
6
7
8 12.1 ACCRUAL
9
10 Employees accrue (8) hours of paid sick leave per each two months of
11 service from their date of hire to the second anniversary of employment.
12
13 Beginning on the second anniversary of employment, and continuing up to
14 the sixth anniversary of employment, employees accrue 13.333 hours of
15 paid sick leave after each two month period of service.
16
17 Beginning on the sixth anniversary of employment and annually thereafter
18 employees will accrue 20 hours of paid sick leave after each two month
19 period of service.
20
21 The maximum accumulation allowed is two hundred and ten (210) days
22 (1680 hours) of sick leave. One hundred percent (100%) of accumulated
23 sick leave is payable upon death, and seventy five percent (75%) is
24 payable upon retirement.
25
26 12.2 SICK LEAVE CASH OUT
27
28 In October of each year, employees may cash out sick leave at 75% of the
29 value of the hours being cashed out, with a minimum balance requirement
30 of 120 hours after the cash out.
31
32 12.3 STATE DISABILITY INSURANCE
33
34 Sick leave may be offset by State Disability Insurance (SDI) or Workers'
35 Compensation, where applicable.
36
37 When sick leave is paid in conjunction with SDI benefits or Workers'
38 Compensation, the employee's monthly salary is converted to an hourly
39 rate and he/she is paid the difference between the outside benefit and
40 his/her days' normal pay. Only that proportion of sick time actually paid to
41 the employee is charged against his/her accrued sick leave.
42
43 12.4 DOCTOR'S RELEASE
44
45 After a verbal counseling an employee may be required, at his/her
46 supervisor's discretion, to bring a doctor's release upon returning to work
47 when he/she is absent because of illness or injury.
48
22
1 Before returning to work from sick leave or a leave of absence due to
2 illness or injury, Aan employee will be required to submit a doctor's
3 release if he/she has been hospitalized for any reason or if he/she is
4 absent for fifteen (15) successive working days. This release shall indicate
5 that the employee is released to return to work and whether there are any
6 medical restrictions that prevent the employee from performing all of
7 his/her essential job duties. the nature of the illness or problem for which
8 he/she has been treated. Failure to present this doctor's release when
9 requested may result in the employee being withheld from service without
10 pay, sick pay, or other compensation until an acceptable release is
11 presented.
12
13 If an employee becomes ill for more than three (3) days during his/her
14 scheduled vacation time he/she may submit a doctor's verification of
15 his/her illness in order to utilize his/her sick leave benefits instead of
16 vacation time. The vacation time missed will then be rescheduled at a
17 later time.
18
19 An employee may take a leave of absence due to illness as provided for in
20 Article 11 of this Agreement.
21
22 To care for an ill spouse, dependent child, or parent, a unit member may
23 be authorized to use up to one-half of the annual accrual of sick leave.
24 Such leave may be included in the 12 weeks of Leave of Absence
25 authorized for Family Care and/or Medical Leave.
26
27 An employee may take a leave of absence due to illness as provided for in
28 Article 11.2.
29
30 12.5 CATASTROPHIC LEAVE DONATION
31
32 Employees may donate sick leave hours to other employees who may
33 need additional hours due to unique and unusual circumstances. The
34 hours donated will not extend the normal leave period of the employee
35 receiving the donated hours.
36
23
1
2 ARTICLE 13
3
4 VACATIONS
5
6
7
8 13.1 VACATION ACCRUAL
9
10 On June 1st of each year, employees will earn paid vacation as follows:
11
12 AMOUNT OF SERVICE AMOUNT OF VACATION
13
14 1 Year Service 2 Weeks
15 5 Years Service 3 Weeks
19
20 If an employee's hire date is other than June 1st, during the first year of
21 employment the employee's vacation is prorated at one-twelfth (1/12) of
22 two weeks for every month of service.
23
24 Vacation should be taken prior to June 1st of the year following the date
25 earned. Under exceptional circumstances, vacation balances for the
26 previous year may only be carried forward upon recommendation of the
27 Department Head, and approval of the Chief Executive Operating Officer
28 (COEO).
29
30 Any employee, who by reason of illness, injury or leave of absence, is
31 absent from his/her duties for one hundred (100) working days or less
32 during the year's service, will be entitled to a full vacation.
33
34 Employees absent from their duties for more than one hundred (100)
35 working days during the year will be entitled to only one-twelfth (1/12) of
36 their normal vacation for each month, or major fraction thereof, they
37 worked. These employees will not be entitled to their bonus week.
38
39 Employees absent because of injury sustained while on duty will not be
40 subject to this provision.
41
42 The sole factor for determining vacation accrual will be the employee’s
43 years of service with the agency.
44
45 13.2 VACATION BIDDING
46
47 Bidding for vacation benefits will be conducted once a year. Seniority
48 privileges, as defined in 27.1, will prevail until April 1st of each year.
24
1 Personnel who do not submit their vacation request by April 1st will not be
2 permitted to exercise seniority privileges.
3
4 Employees who choose to defer all, or a portion of, their vacation benefits,
5 will be permitted to do so, but will relinquish seniority and bidding
6 privileges until remaining departmental personnel have concluded bidding.
7
8 Employees may split their vacation periods at the time of initial bids. If the
9 entire vacation is not bid initially, the employee must wait until all others
10 have made an initial bid, and then may, in seniority order, select the
11 remainder. He/she will then be allowed to split as many times as he/she
12 desires provided there are sufficient vacation periods open.
13
14 Subject to approval of the appropriate supervisor, employees will be
15 permitted to modify vacation dates in instances of proven emergencies
16 only.
17
25
1
2 ARTICLE 14
3
4 HOLIDAYS
5
6
7
8 14.1 DESIGNATED HOLIDAYS
9
10 All employees covered by this Agreement are entitled to thirteen (13)
11 holidays each year, paid at eight (8) hours at the straight time rate of pay.
12 They are:
13
14 NEW YEAR’S DAY
15 MEMORIAL DAY
16 INDEPENDENCE DAY
17 LABOR DAY
18 THANKSGIVING DAY
19 CHRISTMAS DAY
20 SEVEN (7) FLOATING HOLIDAYS*
21
22 *Earned as of June 1st of each year
23
24 14.2 FIXED HOLIDAYS
25
26 Of the thirteen (13) holidays earned each year, six (6) are considered
27 fixed, that is, they are official national holidays. These fixed holidays are
28 to be taken on the designated official day unless the PTSC requires the
29 employee to work.
30
31 Fixed holidays will be paid on the day the actual holiday falls and not
32 moved to any other designated day regardless of whether the holiday falls
33 on a weekday or weekend.
34
35 If required to work on a holiday, the employee will receive two and one-
36 half (21/2) times pay for such work if the employee works the full shift. If a
37 holiday falls on a regularly scheduled day off, the employee will be paid
38 eight (8) hours holiday pay at the straight time rate. If a holiday falls during
39 vacation or bereavement leave, the employee will be paid eight (8) hours
40 holiday pay at the straight time rate. If a holiday falls on a Sunday, it will
41 be recognized on that Sunday.
42
43 If an employee is scheduled to work on a fixed holiday and requests the
44 day or time off and the request is granted by the Chief of Transit Security,
45 Director of Security or designee, the employee shall receive holiday pay,
46 and will not be required to use his/her floating holiday or vacation bank.
47
48 If a fixed holiday occurs while the employee is absent due to sickness or
49 on a leave of absence, he/she will not be paid for that holiday.
26
1
2 The employee must work eight (8) full hours before and after a holiday to
3 receive pay for it.
4
5 14.3 FLOATING HOLIDAYS
6
7 The remaining seven (7) holidays are considered floating. Floating
8 holidays must be approved in advance by the department head or his/her
9 designee. The employee shall provide the PTSC with a five (5) day notice
10 when he/she desires to use a floating holiday.
11
12 When an employee meets the requirements, as set forth above, for
13 requesting a floating holiday, such request shall be granted provided the
14 minimum deployment for the affected shift has been met. Minimum
15 deployment is defined as the minimum number of employees required to
16 work a shift without causing overtime.
17
18 The PTSC may grant or deny a floating holiday when extenuating
19 circumstances exist.
20
21 Employees may accumulate and carryover from year to year a maximum
22 of three floating holidays. If PTSC Management is unable to authorize an
23 employee to utilize the floating holidays, any floating holidays remaining at
24 year end, in excess of the three which may be carried forward, shall be
25 paid off.
26
27 All holidays are guaranteed, which means that the employees earn
28 holidays when they are on vacation, or during approved paid leave(s)
29 other than sick or indefinite leave.
30
27
1
2 ARTICLE 15
3
4 TRANSPORTATION PASSES
5
6
7
8 15.1 EMPLOYEE AND DEPENDENTS
9
10 Each employee will be given transportation privileges at the time of
11 employment; and his/her spouse will receive these privileges after
12 completion of the employee’s probationary period. Employee’s dependent
13 children will be given school transportation privileges after completion of
14 employee’s probationary period. Retired employees, in the application of
15 this rule, are considered employees. Upon the death of the retiree, the
16 spouse and dependent children will continue to be granted free
17 transportation for life or until remarriage of the spouse.
18
19 15.2 EMPLOYEES TAKING CASH SEVERANCE IN LIEU OF RETIREMENT
20
21 Employees eligible for retirement but electing to take cash severance
22 benefits in lieu of retirement benefits under the Retirement Income Plan
23 will, retroactive to May 29, 1969, be considered in the same category as
24 retired employees, in the application of this transportation privileges rule.
25
26 15.3 REPORTING OF LOST PASSES
27
28 Lost passes must be immediately reported to the employee’s division or
29 department. Failure to report loss of pass, allowing an unauthorized
30 person to use said pass, defacing, or destroying or vandalizing PTSC
31 property will result in cancellation of the pass privilege.
32
33 15.4 REPLACEMENT OF LOST PASSES
34
35 A fifteen dollar ($15.00) administrative fee will be levied for replacement of
36 lost or stolen employee or dependent passes. This administrative fee
37 shall be three dollars ($3.00) for retired employees or their dependents.
38 Only one lost or stolen pass will be replaced for each employee or
39 dependent each year.
40
41 15.5 TERMINATION OF EMPLOYMENT
42
43 All passes must be surrendered at the time of termination of employment.
44 Employees who fail to surrender passes will be charged twenty dollars
45 ($20) per month for the balance of the period for which each pass is
46 issued.
47
48 15.6 DEATH PRIOR TO RETIREMENT
49
28
1 Upon the death of an employee, after the completion of ten (10) years of
2 continuous service, the spouse and dependent children will continue to be
3 granted free transportation for life or until remarriage of the spouse.
4 Dependent children are entitled to passes while under the age of 19 or
5 under the age of 23 if a full time student.
6
7 15.7 DEFINITION OF DEPENDENT CHILDREN
8
9 For the purpose of this Section, dependent children will be considered to
10 be eligible until their nineteenth (19th) birthday, or in the case of full-time
11 students, until their twenty-third (23rd) birthday.
12
13 15.8 FUTURE REVISIONS
14
15 Any revisions to the PTSC's policy on Transportation Passes applicable to
16 non-contract personnel will also apply to employees covered by this
17 Agreement. Should the PTSC's Transportation Passes program which
18 corresponds to Section 15.1, 15.2, 15.3, 15.4, 15.5 and 15.6 above be
19 discontinued or modified Section 15.1 through 15.6 shall be nullified or
20 modified accordingly.
21
29
1
2 ARTICLE 16
3
4 UNIFORMS AND EQUIPMENT
5
6
7
8 16.1 INITIAL ISSUE OF UNIFORMS
9
10 The PTSC shall furnish all required uniforms and equipment to new
11 employees.
12
13 16.2 UNIFORM ALLOWANCE
14
15 The PTSC will pay annually to each Transit Security Officer II, on July 1st
16 of each year, the amount of $900 for the purpose of purchasing uniforms.
17
18 The PTSC will pay annually to each Transit Security Officer I, on July 1st of
19 each year, the amount of $830 for the purpose of purchasing uniforms.
20
21 The PTSC will provide annually to each Transit Security Officer, on July 1st
22 of each year, a $250 shoe voucher. Vouchers must be used to purchase
23 approved shoes from approved vendors.
24
25 SPECIAL PROVISIONS
26
27 For the purpose of phasing in the new uniform allowance, same-date
28 annual payment provision, the following process shall be adhered to:
29
30 Any Officer whose company Anniversary hire date falls between January
31 2004 and June 2004 shall receive an additional $180.00 uniform
32 allowance in order to make the employee whole for the calendar year of
33 2004.
34
35 All Transit Security Officer I’s whose company Anniversary hire date falls
36 after June 30, 2004 shall receive the new uniform allowance of $830.00
37 and all Transit Security Officer II’s whose company Anniversary hire date
38 falls after June 30, 2004 shall receive the new uniform allowance of
39 $900.00 on July 1, 2004, which will mark the implementation of the same-
40 date annual uniform allowance provision of the collective bargaining
41 agreement. Thus, the company Anniversary hire date uniform allowance
42 payment provision will be discontinued after July 1, 2004.
43
44 Effective July 1, 2005 and thereafter, all Transit Security Officer II’s will
45 receive an annual uniform allowance of $900.00 and all Transit Security
46 Officer I’s will receive an annual uniform allowance of $830.00.
47
48 16.3 SAFETY SHOES
30
1
2 All Transit Security Officers will be issued an initial pair of safety shoes.,
3 which will be replaced as needed. Transit Security Officers who need to
4 replace worn-out safety shoes must submit for inspection their old safety
5 shoes to the Director of Security or his/her designee, who will, based on
6 criteria established by the Risk Management/Safety Department
7 determine if another pair is needed. If new safety shoes are deemed
8 necessary, the employee shall be issued a voucher to purchase a new
9 pair at the PTSC's expense.
10
11 16.4 REIMBURSEMENT TO THE PTSC
12
13 An employee who leaves the PTSC before completing one (1) year of
14 service shall reimburse the PTSC for the cost of the initial issue of uniform
15 pants, shirts, jackets, shoes, Sam Browne gear and ties. This
16 reimbursement will be deducted from the final pay check. After completing
17 one year of service, these initial uniform items will become the property of
18 the employee. Only after four (4) years of service will the Sam Browne
19 gear become the property of the employee.
20
21 16.5 DESIGNATION OF DUTY UNIFORM
22
23 The Director of Security has the exclusive right to determine the uniform
24 worn by members of the department. The Watch Commander may alter
25 the designated uniform for long-sleeve versus short-sleeve shirts on a
26 watch, as long as all persons assigned to that watch are dressed alike.
27
28 EXAMPLE:
29
30 The Director of Security determines that beginning on November 1st the
31 designated uniform is long-sleeve shirts. On November 10th the
32 temperature is high. The Watch Commander may designate the short-
33 sleeve shirt for that day for all persons on his/her watch.
34
31
1
2 ARTICLE 17
3
4 DISCIPLINE
5
6
7
8 17.1 GRIEVING DISCIPLINARY ACTION
9
10 Disciplinary action against Unit employees shall be imposed only for just
11 cause. Disciplinary hearings shall be held within twenty (20) days from
12 the date the PTSC has factual knowledge of occurrence of the incident to
13 be investigated.
14
15 Before an employee covered by the contract is discharged or disqualified
16 from any type of service, a hearing shall be held at which time the
17 employee may present his/her position in writing to the specific charge.
18 The time and place of the hearing shall be given sufficiently in advance to
19 afford the employee the opportunity to arrange representation.
20
21 The employee will be given a copy of, or provided access to, written
22 materials, reports and documents, if any, upon which the action is based.
23
24 Disciplinary appeals shall be subject to the grievance procedure that is a
25 part of this Agreement, but the grievance procedure shall begin at Step
26 Two. Disciplinary appeals must be filed within twenty (20) days of the
27 imposed disciplinary action and processed in accordance with the
28 grievance procedure set forth in Article 18.
29
30 17.2 COMPLIANCE WITH RULES
31
32 The Union agrees that its members shall fully and faithfully comply with all
33 Transit Security Officers rules and regulations applicable to Transit
34 Security Officers, including those relating to conduct and work
35 performance. The PTSC agrees that application of Department rules and
36 regulations, which affect working conditions and performance shall be
37 subject to the grievance procedure.
38
39 17.3 ATTENDANCE POLICY
40
41 This Article outlines attendance standards for the Teamsters employees
42 and general, responsibilities of employees.
43
44 All Teamster employees are expected to be punctual and to maintain good
45 attendance in accordance with this Article.
46
47 The PTSC encourages positive health practices by its employees and will
48 try to accommodate employees’ requests for health care appointments.
49
32
1 An employee may be dismissed for excessive absenteeism in accordance
2 with this article.
3
4 Procedure
5
6 Progressive discipline will be applied to correct employees excessive
7 absenteeism. All discipline shall be recorded in the employees' file.
8
9 Employee Responsibilities:
10
11 1. Maintain an attendance record in conformity with this Article.
12
13 2. Report to work on time for regular and overtime assignments.
14
15 3. Notify his/her immediate manager/supervisor prior to the start of
16 the work shift if unable to report for work. The employee must state
17 the reason for the absence and the expected duration. If the
18 duration is unknown the employee shall call on a daily basis.
19
20 4. If an employee calls off without a mitigating reason, he or she must
21 leave a telephone number to be reached for the two (2) hour
22 period immediately following the call-in.
23
24 5. Schedule medical appointments during non-work hours when
25 possible, or at the beginning or end of a work day, to minimize
26 disruption of the work schedule.
27
28 6. Unless an employee stated the date of expected return on the first
29 day of absence, the employee shall notify manager/supervisor of
30 his/her intention to return to work no later than 3:00 p.m. on the
31 date prior to the day the employee will return to work.
32
33 7. When requested by management, an employee will be required to
34 bring a doctor's release when the criteria of Article 12.3 of union
35 contract applies.
36
37 8. Falsification of sickness is grounds for discipline up to and
38 including termination.
39
40 Guidelines
41
42 1. Attendance, tardiness, and cut standards shall be enforced to
43 maximize department efficiency and the operation. Strict tardiness
44 enforcement (down to the minute) is appropriate when the job
45 demands are such that any deviation from the scheduled hours
46 would interfere with effective performance on the job. When an
47 Officer is prevented from reporting on time due to an emergency,
48 and presents acceptable proof of said emergency, Management
49 may waive the charge of a tardy on the Officer's record.
50
33
1 2. Employees whose absences are excessive shall be subject to
2 progressive discipline including suspension and termination.
3 Progressive discipline will be applied whenever an employee’s
4 absences are excessive. Employees who fail to notify the manager
5 or designee as provided in item #3 under “Employee
6 Responsibilities” above, may be subject to disciplinary action.
7
8 3. The following absences shall not be counted as attendance
9 instances:
10
11 a. Family Care and Medical Leave
12 b. Vacation
13 c. Holidays
14 d. Military Leave
15 e. Off with Permission
16 f. Court Appearances Under Subpoena
17 g. Witness Appearance per Section 21.1 of union contract
18 h. Bereavement Leave
19 i. Jury Duty
20 j. Union Business
21 k. Occupational Injury/Illness
22 l. Natural Disaster where employee is personally affected
23 and therefore unable to report
24 m. Dentist or Medical Doctor Appointments with 48 hours
25 advance written notice for up to 2 hours per work day
26 limited to 6 appointment per floating 6 month period,
27 n. First Day of hospitalization of an immediate family
28 member of the employee
29 o. Hospitalization of an employee
30 p. Disciplinary Suspension
31 q. Leaves of Absence per contract Article 11
32
33 4. If medical conditions dictate an employee with a serious, on-going
34 illness or condition such as cancer or an employee who is pregnant
35 may inform the immediate supervisor/manager and present the
36 immediate supervisor/manager with medical verification of such
37 illness or condition. The supervisor/manager will meet with the
38 employee to discuss arrangements for doctor appointments and
39 treatments to cause the least disruption to the work place and
40 cause the least attendance problem for the employee.
41
42 The manager or designee may exercise discretion in applying discipline
43 when an employee is non-compliant with this article if compelling or
44 mitigating circumstances for the employees’ excessive absenteeism exist.
45
46 Definitions
47
48 Instance An absence period of one (1) or more consecutive working days
49 or a portion of a day or one (1) hour or more, or two (2) tardies,
50 and/or cuts., or four (4) tardies of less than five (5) minutes.
34
1
2 Tardy An absence of less than one (1) hour at the beginning of the
3 work shift. This event is counted as one-quarter half (1/41/2) of
4 an instance.
5
6 Cut An absence of less than one (1) hour at the end of the work
7 shift. This event is counted as one half (1/2) on an instance.
8
9 Review Period
10 The six-month floating period that starts from the first day of the
11 instance. The instance is no longer chargeable after the six-
12 month floating period. Refer to discipline guidelines to determine
13 if number of instances or hours in the six-month floating period
14 is a violation of the attendance policy. All instances must be
15 signed for within 20 days worked by employee returning from
16 illness, injury, tardy, or cut.
17
18 Off With Permission
19 With management's approval an employee may be absent
20 without pay, when an employee needs time off for an
21 emergency or special event, but has not accrued leave time to
22 use. "Off With Permission" may be granted to workers whose
23 attendance record is in compliance with this article and the
24 department workload can accommodate such absence.
25
26 Excessive Absenteeism
27 Six (6) or more instances of absences in a floating six (6) month
28 period, or three (3) or more instances with a total work time lost
29 of 60 hours or more in a floating six-month period.
30
31 Absent Without Leave
32 An employee who does not notify his supervisor within the first
33 four hours of his shift that he/she will be absent, will be charged
34 with absent without leave (AWOL). Unless the employee was
35 unable to call due to a hospitalization or other mitigating
36 circumstances, the employee will be charged with violating the
37 attendance policy. If the employee calls in to notify his
38 supervisor that he/she is not coming in, but has no mitigating
39 circumstances, the supervisor may request the employee to
40 come in. If the employee refuses and no mitigating
41 circumstances are found the employee will be charged with
42 AWOL. The review period for AWOL is a 12-month floating
43 period. The discipline will start no lower than Step Two of the
44 discipline guidelines and will be considered excessive
45 absenteeism when an employee is already in violation of the
46 policy.
47
Discipline
Instances Recommended Discipline
Guidelines
35
and Steps
5 instances or 3 instances
1st Step totaling 52 hours of work time Verbal Counseling
lost.
6 instances or 3 instances of Written warning if instance is
nd
2 Step 60 hours or more of work within six months from a verbal
time lost warning (See AWOL)
This step is triggered by the 3 days administrative suspension
3rd Step next instance if employees if instance is within six months
record falls within the from a written warning
definition of excessive (See AWOL)
absenteeism.
This step is triggered by the 10 days administrative
th
4 Step next instance if employees suspension if instance is within
record falls within the six months from a 3 day
definition of excessive suspension
absenteeism
This step is triggered by the Termination hearing if instance is
5th Step next instance if employees within six months from a 10 or
record falls within the more day suspension
definition of excessive
absenteeism
1
2 17.4 NOTICE TO UNION
3
4 The PTSC agrees that the Union will be consulted on proposed
5 amendments to Transit Security Officers rules and regulations affecting
6 working conditions and performance.
7
8 17.5 COMPUTATION OF TIME LIMITS
9
10 The time limits referred to in this Article exclude Saturdays, Sundays and
11 Holidays.
12
13 By written mutual agreement between the PTSC and the Union, the time
14 limits set forth in Section 17.1 may be extended to specific times in
15 individual cases. Such extensions may only be authorized by the
16 Secretary/Treasurer of Local 911 or his designee.
36
1
2 ARTICLE 18
3
4 GRIEVANCE PROCEDURE
5
6
7
8 18.1 PHILOSOPHY
9
10 It is the desire of the Union and the PTSC that an employee and
11 supervisor develop a relationship that not only encourages the settlement
12 of disputes, but creates an atmosphere that prevents the development of
13 disputes. Keeping this in mind, it is important that the PTSC, Union, and
14 its members make every effort to resolve issues at the lowest level before
15 filing grievances.
16
17 When a grievance or dispute with regard to the application or
18 interpretation of the terms of this Agreement has been presented to the
19 PTSC within twenty (20) days following knowledge of the act or condition
20 which is the basis of the complaint by an employee or an authorized Union
21 representative, and has not been satisfactorily adjusted by an authorized
22 PTSC representative, and the employee or the Union wishes to pursue the
23 issue further, it shall then be adjudicatedadjusted according to the
24 following procedure.
25
26 18.2 STEP ONE
27
28 The grievant shall submit the grievance in writing on Form
29 MTA/Teamsters #1, and shall meet to discuss the nature of the grievance
30 in an informal meeting with the supervisor. The grievant shall be entitled
31 to have a Union representative present at the informal meeting with the
32 supervisor.
33
34 The supervisor shall render an answer in writing to the grievant within
35 fifteen (15) days following the informal meeting or the case will
36 automatically default and move to the next step of the appeal process, if
37 not responded within the designated time frame.
38
39 18.3 STEP TWO
40
41 If the grievant does not concur with the supervisor's answer or, if no
42 answer was received, the grievant may appeal the grievance to Step Two,
43 providing he/she does so within ten (10) days from the date the grievant
44 receives or should have received the supervisor's answer pursuant to
45 Step One.
46
47 In Step Two the grievance is submitted to the designee of the Chief
48 Operating Officer Department Head or his/her designee in written form on
49 MTA/Teamsters Form #1. A hearing shall be held within ten (10) days
37
1 from the date that the grievance is submitted to the second step. The
2 second step hearing may be attended by the Union's business agent, the
3 appropriate shop steward, the grievant, any relevant witnesses, and the
4 designee of the Chief Operating Officer Department Head or his/her
5 designee. The hearing shall be conducted in an informal manner and both
6 the Union and the PTSC shall endeavor to present all the known facts and
7 circumstances related to the grievance in an effort to resolve the dispute.
8
9 The designee of the Chief Operating Officer Department Head or his/her
10 designee shall render a decision in writing within fifteen (15) days from the
11 date of the second step hearing or the case will automatically default and
12 move to the next step of the appeal process, if not responded within the
13 designated time frame. Copies of the decision of the designee of the
14 Chief Operating Officer Department Head or designee shall be mailed to
15 the Union and the grievant on the day that the decision is rendered.
16
17 18.4 STEP THREE
18
19 If the grievant and the Union do not concur with the decision of the Chief
20 Operating Officer Department Head or his/her designee the grievance
21 may be advanced to Step Three, providing that the grievance is moved
22 within ten (10) days of the Union's receiving the decision of the designee
23 of the Chief Operating Officer Department Head or designee.
24
25 In Step Three the grievance is submitted to the Chief Operating Executive
26 Officer or his/her designee.
27
28 The Step Three hearing may involve the Secretary-Treasurer or his/her
29 designee, the grievant, relevant witnesses and/or representatives from
30 departments affected. Although the third step is to be informal, the Union
31 will present at this meeting all relevant facts, including the name and
32 testimony of the Grievant and witnesses, when and where the alleged
33 violation occurred, the specific Articles and Section of the Contract which
34 were allegedly violated, and the Union's position.
35
36 18.5 SOLE MEANS OF SETTLING DISPUTES
37
38 It is understood and agreed that the provisions of this Article and Article 19
39 shall be the sole and exclusive means of settling any dispute or
40 controversy arising out of the application and interpretation of this
41 Agreement.
42
43 18.6 COMPUTATION OF TIME LIMITS
44
46 Holidays.
47
48 By written mutual agreement between the PTSC and the Union, the time
49 limits set forth in Sections 18.2, 18.3, and 18.4 may be extended to
38
1 specific times in individual cases. Such extensions may only be authorized
2 by the Secretary/Treasurer of Local 911 or his designee.
3
4
5 18.7 APPEAL OF FINAL DECISION
6
7 The right to appeal to a court of law, the final decision made at any step of
8 the grievance procedure, is governed by Code of Civil Procedure, Section
9 1094.5. Any petition for judicial review of such decision must be filed
10 within ninety (90) days of the date of the final decision.
11
39
1
2 ARTICLE 19
3
4 ARBITRATION PROCEDURE
5
6
7
8 19.1 REQUEST FOR ARBITRATION
9
10 If the Union is not satisfied with the response of the Chief Operating
11 Executive Officer or his/her designee in Step Three, the Union may, within
12 twenty (20) days, give a written “Demand for Arbitration” to the PTSC to
13 move the matter to arbitration. Either the Union or the PTSC shall have
14 the right to move a grievance or dispute to arbitration. If the question of
15 the arbitrability of an issue is raised by the PTSC, such question shall be
16 decided in the first instance by the arbitrator.
17
18 19.2 SELECTION OF AN ARBITRATOR
19
20 Within ten (10) days after receipt of the "Demand for Arbitration" the PTSC
21 and the Union shall meet to mutually select an arbitrator.
22
23 If an arbitrator cannot be selected by mutual agreement the arbitrator shall
24 be selected from a list of five (5) qualified arbitrators furnished by the
25 American Arbitration Association from which the Union will strike one,
26 PTSC one, then Union one, PTSC one, and the remaining person is
27 selected. If the arbitrator is unable to serve, the parties shall request a
28 new list from the State Conciliation Service and thereafter strike off names
29 as provided above. The party striking first shall be determined by lot.
30
31 19.3 DATE OF ARBITRATION
32
33 The date of the hearing will be agreed to by the arbitrator, the PTSC, and
34 the Union.
35
36 19.4 RESULTS OF ARBITRATION
37
38 The parties agree that: (1) the findings of the Arbitrator shall be final and
39 binding on the parties and the employee; (2) each party shall pay its own
40 representative; (3) all other expenses of arbitration shall be borne equally
41 by the parties, and said expenses may include the verbatim recording of
42 the proceedings and a transcript of that record, if it is deemed necessary
43 by both of the parties; (4) a written decision or award shall be rendered at
44 a date to be mutually agreed upon by the parties.
45
46 All grievances or disputes shall be considered finally settled and not
47 subject to arbitration unless a written demand for arbitration has been
48 served as provided in this Article.
49
40
1 The parties may call any employee as a witness in any proceedings
2 before the Arbitrator. If the employee is on duty, the PTSC agrees to
3 release such employee so that he/she may appear as a witness. If an
4 employee witness is called by either party, the party calling such
5 employee will reimburse such employee for the time lost.
6
7 19.5 SCOPE OF THE ARBITRATOR
8
9 The arbitration shall be limited to issues specifically set forth in the written
10 grievance which may remain unsettled after the procedures set forth
11 above have been exhausted. Nothing in this Agreement shall be
12 construed to empower the Arbitrator to change or modify any provision of
13 this Agreement.
14
15 19.6 ARBITRATOR'S TIME LIMIT
16
17 All Arbitrators are requested to expedite their decisions as the parties
18 normally expect a decision issued within twenty (20) days after the
19 conclusion of the hearing.
20
21 19.7 CALCULATION OF TIME LIMITS
22
24 Holidays.
25
26 19.8 ARBITRATOR COSTS
27
28 Arbitrator costs shall be shared equally by the parties.
29
41
1
2 ARTICLE 20
3
4 ON-DUTY INJURY
5
6
7
8 20.1 INJURY WHILE PERFORMING A SECURITY FUNCTION
9
10 In the event a Transit Security Officer is physically injured in the line of
11 duty while involved in an interrogation, apprehension, detention, arrest, is
12 a victim of an assault while in the performance of regularly assigned duties
13 or is engaged in aggressive preventive patrol as determined by the
14 Director of Security, and such injury results in loss of time, the PTSC shall
15 compensate the employee for 100% of time, lost from work for the first
16 thirty (30) calendar days of disability. If Workers’ Compensation benefits
17 are provided during the period of absence, the basis of payment will be as
18 provided above, less Workers’ Compensation benefits. The proper reports
19 must be filed in conjunction with the injury, pursuant to the Rules of
20 Practice and Procedure for the Workers’ Compensation Appeals Board
21 (W.C.A.B.)
22
23 In the event a Transit Security Officer is shot and wounded in the line of
24 duty, as described above in 20.1, at the discretion of the Director of
25 Security, the PTSC may extend the injured on-duty (IOD) pay, at 100%
26 less Workers’ Compensation benefits, for an additional 180 days.
27
28 Consideration will not be given to extending the IOD pay if the gunshot
29 wound results from negligence on the part of the employee.
30
31 The decision of the Director to extend the on-duty injury pay will be final
32 and not subject to the grievance procedure.
33
34 20.2 SUBSEQUENT COVERAGE
35
36 The decision of the Director of Security as to which injuries are covered by
37 this section is final.
38
39 At the conclusion of the thirty (30) day period, the employee will be
40 covered by the Workers’ Compensation provisions for a period of twelve
41 (12) months.
42
43 20.3 INDUSTRIAL INJURIES
44
45 Industrial injuries that do not result from security actions and that can be
46 occasioned by any employee of the District such as, but not limited to,
47 slips and falls and similar injuries which are determined not to be covered
48 in Section 20.1, will be covered only by Workers’ Compensation.
49
42
1 20.4 AUTHORITY
2
3 The Director of Security or his/her designee shall determine which injuries
4 are covered by what section. This decision is subject to the grievance
5 procedure.
6
7 20.5 NOTIFICATION OF INJURY
8
9 Employees who are injured on-duty must notify their supervisor
10 immediately.
11
12 20.6 PROTECTION OF SENIORITY
13
14 No employee shall lose seniority due to an on-duty injury for up to twelve
15 (12) months from the last day worked.
16
43
1
2 ARTICLE 21
3
4 WITNESS PAY/JURY DUTY
5
6
7
8 21.1 WITNESS PAY
9
10 The Authority PTSC agrees to compensate any employee at the rate of
11 pay prescribed by the terms of this Agreement, less any other
12 compensation received, as a result of an appearance in a court of
13 competent jurisdiction either at the request of the PTSC or by subpoena
14 by a law enforcement agency in any criminal proceedings in which
15 wherein the employee's presence is required due to witnessing
16 occurrences while on duty.
17
18 Off-duty appearance: Hour-for-hour pay with a three (3) hours minimum
19 paid at one and one-half (1½) times their straight time rate.
20
21 Off-duty On Call no appearance: three (3) hours minimum paid at their
22 straight time rate.
23
24 21.2 JURY DUTY
25
26 Employees will complete, sign, and return Prospective Juror
27 Questionnaires directly to the court.
28
29 An employee summoned to serve as a juror, upon receipt of the Jury
30 Summons, should arrange for time off with his/her supervisor. An
31 employee may submit a written postponement request to the MTA Director
32 of Security. The MTA Director of Security may submit a letter to the Court
33 to request a postponement on behalf of the employee.
34
35 An employee who is required to perform jury duty shall have his/her
36 schedule changed to reflect Saturday and Sunday off for the duration of
37 said jury duty.
38
39 21.3 COMPENSATION FOR TIME ON JURY DUTY
40
41 The PTSC will reimburse employees for time away from work while on jury
42 service. Employees must follow these steps to receive reimbursement:
43
44 1. Submit the jury summons to their supervisor before jury service
45 begins.
46
47 2. Request a verification form from the court to submit to the
48 department at the conclusion of jury service. This form, which may
49 be called, "Certification of Jury Service", "Certification of
44
1 Attendance", "Work Slips", or "Confirmation of Service", is to be
2 completed and signed by the Jury Supervisor to verify the dates the
3 employee was paid by the court.
4
5 For each day the employee takes off for jury service, the department will
6 deduct from their salary an amount equal to the court's compensation then
7 in effect.
8
9 In the event the employee fails to submit a valid verification document to
10 the department, their wages will be docked for the entire period of
11 absence from work.
12
13 Jury duty is not subject to shift differential pay.
14
15 Jury Pay is limited to ten (10) days.
16
45
1
2 ARTICLE 22
3
4 HEALTH AND SAFETY
5
6
7
8 22.1 COMPLIANCE WITH THE LAW
9
10 The PTSC agrees that it will take every reasonable measure to create and
11 maintain a healthy and safe working environment and to comply with all
12 applicable City, County, State and Federal Safety and health rules,
13 regulations and laws. When there is good and sufficient evidence that
14 safety standards are not being complied with, the Teamsters may present
15 such violation to the PTSC as a grievance under the grievance procedure
16 set forth in this Agreement.
17
18 22.2 EQUIPMENT
19
20 Transit Security Officers I have the option to carry a nightstick approved
21 by the PTSC while on duty, under the terms and conditions established by
22 the MTA Director of Security. Transit Security Officers I will bear all costs
23 should they elect to exercise this option.
24
25 The PTSC will provide Transit Security Officers I body armor.
26
27 22.3 TRAINING
28
29 The PTSC shall train Transit Security Officers to perform their duties as
30 determined by the MTA Director of Security.
31
32
46
1
2 ARTICLE 23
3
4 RETIREMENT
5
6
7
8 23.1 RETIREMENT PLAN
9
10 Employees will be covered by the PTSC Non-Contract Employees
11 Retirement Income Plan - The New Plan and accordingly will not make
12 any contributions to this Retirement Income Plan.
13
14 If the PTSC Non-Contract Employees Retirement Income Plan-The New
15 Plan is amended during the term of this Collective Bargaining Agreement,
16 such plan modification(s) shall automatically apply to the Teamsters
17 bargaining unit, without further negotiation.
18
19 If the PTSC adopts a new retirement plan for its non-represented
20 employees of the former LACMTA and does not continue to maintain the
21 PTSC Non-Contract Employees Retirement Income Plan-the New Plan,
22 employees represented by the Teamsters will be covered by the newly
23 adopted PTSC plan on the same terms and conditions as the non-
24 represented employees of the former MTA.
25
26 23.2 401K/457 PLANS
27
28 It is agreed that the members of the Teamsters Local 911 are eligible to
29 participate in the PTSC's established 401K/457 plans.
30
31 All contributions shall be made by employees. Contributions will be
32 deducted bi-weekly on a pre-tax basis.
33
34 The 401K/457 plans will be administered by the PTSC's Plan
35 Administrator in accordance with IRS regulations.
36
37 23.3 RETIREE MEDICAL BENEFITS
38
39 Refer to MTA Policy # HR 3-9 (Medical/Dental Benefits) (effective date
40 July 1, 2001), subsection 1.5. – Retirement Eligibility for Teamster
41 Represented Employees. Teamsters will receive any benefit modifications,
42 if any, which are provided to non-contract employees.
43
47
1
2 ARTICLE 24
3
4 PROBATIONARY PERIOD
5
6
7
8 24.1 LENGTH
9
10 Employees covered by this Agreement shall have a probationary period.
11 The probationary period in each unit job classification shall be for twelve
12 (12) months actual service which may be extended with the concurrence
13 of the Union and the PTSC. In the event of an extension, on a weekly
14 basis, during the normal probationary period, the employee shall be given
15 in writing those areas that require improvement in order for the employee
16 to complete the probationary period successfully. The employee shall
17 have the opportunity to meet with the supervisor and the Shop Steward to
18 review his/her deficiencies. The employee shall not have the right to
19 grieve a probationary termination.
20
21 24.2 FALSIFICATION OF RECORDS
22
23 It is understood that evidence of falsification of application and any other
24 documents for employment shall subject the employee to termination, if
25 such evidence is discovered within twelve (12) months of date of
26 employment. After twelve (12) months of service the falsification must be
27 of a substantial nature and of relevant significance to their job to subject
28 the employee to discipline or discharge.
29
30
48
1
2 ARTICLE 25
3
4 RULES AND REGULATIONS
5
6
7
8 A copy of this Agreement and all rules, regulations and general orders
9 shall be available at every duty station.
10
11 Whenever a new order or rule is issued relating to job performance or
12 work rules pertaining to Transit Security Officers, a copy will be forwarded
13 to the Union.
14
15 A Rules and Regulations Book for Transit Security Officers will be
16 implemented within six (6) months of ratification of the Agreement by the
17 PTSC's Board of Directors.
18
49
1
2 ARTICLE 26
3
4 UNION BULLETIN BOARDS
5
6
7
8 The PTSC will provide locked bulletin boards at the major security posts
9 (Central Maintenance Facility, One Gateway Plaza, Cash Room, Division
10 20, South Park and Division 09) and any future major posts mutually
11 agreed to between the parties, at no cost to the Union, for the purpose of
12 posting material related to Union business.
13
14 Where it is impractical to maintain a bulletin board a clipboard will be
15 provided and accessible to the employees.
16
17 The Union agrees not to post or distribute any derogatory or inflammatory
18 material on PTSC property.
19
20
50
1
2 ARTICLE 27
3
4 SENIORITY
5
6
7
8 27.1 SENIORITY
9
10 Employee seniority shall be based upon time spent as an employee in a
11 position represented by the Union.
12
13 Employees who were reclassified by Board action on July 5, 1981, shall
14 be credited with seniority for the time spent in the former job classification
15 (e.g. Special Agents, Security Guards III).
16
17 27.2 REDUCTION IN FORCE
18
19 When necessary to reduce forces, reduction will be made in the order of
20 least seniority, as defined in Section 27.1, in the classification being
21 reduced.
22
23 In the event of a reduction in force, employees shall first be reduced within
24 class, based upon the employee’s seniority within the class. The reduced
25 employee shall utilize his/her unit seniority to bump the least senior
26 employee in the lower classification. In any event, regardless of
27 classification, the employee with the least unit seniority shall be laid off
28 first.
29
30 An employee laid off or reduced on account of reduction in force shall
31 have his/her name carried on the seniority roster for twelve months, and
32 shall be given preference in the order of seniority, subject to qualifications,
33 over other employees when the force is increased or vacancies occur.
34
35 An employee reduced from Senior Transit Security Officer to Transit
36 Security Officer shall be reinstated, at any time, to Senior Transit Security
37 Officer when either a vacancy occurs or a new position is established
38 within the Senior Transit Security Officer classification.
39
40 27.3 APPOINTMENT TO NON-BARGAINING POSITIONS
41
42 When a member of the bargaining unit accepts a Non-Bargaining unit
43 position after the effective date of this Agreement he/she has six (6)
44 months with the continued payment of dues and fees from the effective
45 date of the assignment to a Non-Bargaining position to determine if he/she
46 wants to return to a Teamster represented position or remain in the Non-
47 Bargaining position. If the employee does not return to the Teamster
48 covered position within six (6) months he/she will forfeit all seniority rights
51
1 accrued under this Agreement and the Union shall be notified by the
2 PTSC in writing of such forfeiture.
3
4
52
1
2 ARTICLE 28
3
4 UNION BUTTONS
5
6
7
8 Employees may wear a regulation Teamster Union button or pin while in
9 uniform and on duty.
10
53
1
2 ARTICLE 29
3
4 UNION SECURITY/AGENCY SHOP
5
6
7
8 29.1 MEMBERSHIP AND DUES
9
10 Each employee covered by this Agreement must within thirty (30) days
11 following the beginning of employment or in the case of current
12 employees, within thirty (30) days after official notification by the Union,
13 acquire membership in the Union or pay to the Union a monthly service
14 fee equal to the amount of monthly membership dues as a condition of
15 employment. This service fee represents a contribution by non-Union
16 members toward the administration of this Agreement and the
17 representation of employees.
18
19 29.2 INITIATION FEES
20
21 All new employees shall pay an initiation fee to the Union.
22
23 29.3 PAYROLL DEDUCTION
24
25 The Union dues, agency fees, and initiation fee may be paid through
26 payroll deduction.
27
28 29.4 EMPLOYEE ROSTER
29
30 The PTSC shall supply the Union with a written list of the names and
31 addresses of new employees as soon as practicable.
32
54
1
2 ARTICLE 30
3
4 UNION DUES - CHECKOFF
5
6
7
8 30.1 PAYROLL DEDUCTION OF DUES
9
10 The PTSC will, each month, deduct from wages due, all sums for periodic
11 Union dues, initiation fees, assessments and insurance (not including
12 fines and penalties) payable to the Union by employees of the PTSC who
13 are members of the Union.
14
15 30.2 AUTHORIZATION FOR DEDUCTIONS
16
17 For each employee for whom deductions referred to in Section 1 above
18 are to be made, the Union will furnish to the PTSC the employee’s
19 authorization to make such deductions. Such authorization shall be
20 furnished to the PTSC prior to the time the affected employee’s name first
21 appears on the deduction list referred to in Section 3 of this Article.
22
23 30.3 DEDUCTION LIST FURNISHED BY UNION
24
25 The designated officers or representatives of the Union shall submit to the
26 Controller, at least ten (10) days before the end of the payroll period
27 designated by the PTSC as the period in which deductions will be made, a
28 deduction list showing necessary detail in such form as approved by the
29 PTSC.
30
31 30.4 DUE DATE FOR AUTHORIZATION
32
33 To be effective for a particular month, an individual’s deduction
34 authorization must be in the actual possession of the Controller no later
35 than the date established for the Controller’s receipt of the regular monthly
36 deduction list for that particular month. The PTSC shall have the right to
37 refuse to accept or act upon any authorization which is illegible or which is
38 not fully or properly executed, or which inadequately identifies the
39 employee involved.
40
41 30.5 ERROR IN DEDUCTION LISTS
42
43 Errors in the deduction list shall be corrected by the Union by adjustment
44 included in the subsequent list furnished by the Union to the PTSC.
45 Questions arising as to the correctness of the amount shown on the
46 deduction list will be handled directly with the Union by the employees.
47
48 30.6 DATE AND PRIORITY OF DEDUCTIONS
49
55
1 Deduction may be made by the PTSC on only one payroll audit per month
2 designated by the PTSC. If employee’s earnings during a particular
3 payroll audit designated by the PTSC are insufficient to permit full
4 deductions, no deduction will be made and the PTSC will not be
5 responsible therefore. The following payroll deductions shall have priority
6 over deductions covered by this Article:
7
8 Social Security Act--Employee Income Tax Deductions
9 Group Life Insurance Contributions
10 Repayable Advances on Salaries
11 Accounts Receivable
12 State Disability Insurance
13 Health Insurance Contributions
14
15 30.7 PTSC'S RESPONSIBILITY
16
17 Responsibility of the PTSC shall be limited to remitting to the Union
18 amounts actually deducted from the wages of employees pursuant to this
19 Article, and the PTSC shall not be responsible for failing to make
20 deductions or for making improper or inaccurate deductions.
21
22 30.8 INDEMNIFICATION BY UNION
23
24 The Union agrees that it will indemnify, defend and save harmless the
25 PTSC from any and all liability arising from entering into or complying with
26 the terms of this Article.
27
28 30.9 TERMINATION FOR GRADE OR CLASS
29
30 In the event the Union no longer represents the employees, or a grade or
31 class of employees of the PTSC, this Article becomes void for the
32 employees, or grade or class of employees no longer represented as of
33 the date representation terminates.
34
35 30.10 PTSC TO FURNISH VOUCHERS
36
37 The PTSC will forward to the designated representatives of the Union,
38 vouchers for the amount of deductions, together with a statement showing
39 the changes, if any, in the lists submitted by the Union.
40
41 30.11 VOLUNTARY POLITICAL CONTRIBUTIONS
42
43 The PTSC agrees to deduct from the paycheck of all employees covered
44 by this Agreement voluntary contributions to Democrat Republican
45 Independent Voter Education (D.R.I.V.E.).
46
47 D.R.I.V.E. shall notify the PTSC of the amounts designated by each
48 contributing employee that are to be deducted from his/her paycheck on a
49 weekly basis for all weeks worked. The phrase “weeks worked” excludes
50 any week other than a week in which the employee earned a wage. The
56
1 PTSC shall transmit to D.R.I.V.E. National Headquarters on a monthly
2 basis, in one check the total amount deducted along with the name of
3 each employee on whose behalf a deduction is made, with the employee’s
4 social security number and the amount deducted from that employee’s
5 paycheck. The International Brotherhood of Teamsters shall reimburse
6 the PTSC annually for the PTSC’s actual cost for the expense incurred in
7 administering the weekly payroll deduction plan.
8
9
57
1
2 ARTICLE 31
3
4 CLASSIFICATION PAY
5
6
7
8 31.1 HIGHER CLASSIFICATION
9
10 If a Transit Security Officer I is required by the PTSC to wear a gun in the
11 course and scope of his/her duties and has met the certification
12 requirements, he/she will be compensated at the Transit Security Officer II
13 rate at the step closest to but not lower than his/her current rate.
14
58
1
2 ARTICLE 32
3
4 HEALTH INSURANCE
5
6
7
8 32.1 COVERAGE
9
10 A. The PTSC agrees to pay to the Trustees of the Teamsters Health and
11 Welfare Plan the amount indicated below for each employee covered
12 by this Contract. This monthly contribution will be used to defray the
13 cost of a Health Plan designed for the benefit of the employees of the
14 PTSC who are represented by the Teamsters, and their dependents.
15
16 B. The monthly amount to be paid by the PTSC will be as follows:
17
18 1. Effective October 1, 20063 – up to $607.00 $803 per month.
19
20 2. Effective October 1, 20074 – up to $698 $867 per month.
21
22 3. Effective October 1, 20085 – up to $803 937 per month.
23
24
25 C. The PTSC further agrees to hold the amount of $48,982.00 and make
26 up to such amount available to the Trustees of the Teamsters Health
27 and Welfare Plan during the term of this Contract to defray the cost of
28 a Health Plan for PTSC employees represented by the Teamsters in
29 the event that Health Plan costs exceed the monthly payments by the
30 PTSC as set forth in this Article. Any funds still held by PTSC
31 pursuant to this section will no longer be available to the Teamsters
32 Health and Welfare Plan after this Contract expires.
33
59
1
2 ARTICLE 33
3
4 TERM OF AGREEMENT
5
6
7
8 33.1 DURATION AND TERMINATION
9
10 Except as otherwise provided herein, this Agreement shall be made
11 effective October 1, 2003 2006 and shall remain in full force and effective
12 up to and including September 30, 20062009. Unless notice in writing of
13 termination has been served upon the other not later than ninety (90) days
14 prior to September 30, 20062009. If neither party so serves such notice of
15 termination, this Agreement, after September 30, 20062009, may be
16 terminated by either party serving upon the other written notice of the
17 termination not later than ninety (90) days prior to the time it is proposed
18 to make such termination.
19
20 33.2 REQUESTS TO MODIFY
21
22 Any request to modify or change this Agreement, or any portion thereof,
23 shall be made in writing and shall be served on the other party not later
24 than ninety (90) days prior to September 30, 20062009, and if the
25 Agreement is in effect after such date by reason of the provisions of
26 Section A above, not later than ninety (90) days prior to the time it is
27 proposed to make such change or modification.
28
29 33.3 SUBSEQUENT INTERPRETATION
30
31 After the effective date of this Agreement, no interpretation of this
32 agreement will be binding on either party to this Agreement unless it is in
33 writing and signed by the authorized representatives of the parties to this
34 Agreement.
35
36
60
1
2 ARTICLE 34
3
4 ASSIGNABILITY
5
6
7
8 If the Public Transportation Services Corporation is, by operation of law,
9 formally merged or consolidated into another transit system or public
10 agency, the acquiring entity shall assume this labor contract with the
11 Teamsters Local 911.
12
61
1
2 ARTICLE 35
3
4 MISCELLEANOUS BENEFITS
5
6
7
8 Active members of the Teamsters Local 911 are eligible to participate in
9 the PTSC's established Non-represented Educational Assistance
10 Program. The Teamster-represented employees participating in the
11 program shall be subject to all policies and procedures of the program as
12 specified in Human Resource Policy HR 8-1.
13
14 Active members of the Teamsters Local 911 are eligible to participate in
15 the PTSC's established Flexible Spending Account program. The
16 Teamster-represented employees participating in the program shall be
17 subject to all policies and procedures of the program as specified in
18 Human Resource Policy HR 15 as it pertains to the Flexible Spending
19 Account.
20
21
62
1
2 SIDELETTER OF AGREEMENT
3
4 1997- 03
5
6
7
8 Active members of the Teamsters Local 911 are eligible to participate in the
9 PTSC's established Non-represented Educational Assistance Program. The
10 Teamster-represented employees participating in the program shall be subject to
11 all policies and procedures of the program as specified in Human Resource
12 Policy HR 8-1.
13
63
1
3
4 2000- 01 (Amended 2006)
5
6 INTERNAL POSTINGS
7
8
9
10 Anytime there is an internal posting for the newly created Senior Transit
11 Security Officer position or any other position with an additional pay
12 premium, a list of all applicants who have applied and are deemed eligible
13 by the Authority’s Human Resources shall be submitted to the MTA
14 Director of Security. When the MTA Director of Security determines that
15 two or more employees are essentially equally qualified to fill a position,
16 the seniority shall be the deciding factor in filling that position. A
17 promotional decision made by the MTA Director of Security shall be final.
18
64
1
3
4 2000- 02
5
6
7
8 Senior Transit Security Officers assigned the duties of Watch Commander
9 shall receive five percent (5%) in addition to any other compensation
10 under any other provision of the collective bargaining agreement while
11 performing the duties of Watch Commander.
12
13
65
1
3
4 2000- 03
5
6
7
8 SCHEDULING OF DAYS OFF
9
10 It is the intent of Management to schedule Transit Security Officers and
11 Senior Officers in a manner that distributes our personnel resources as
12 effectively as possible.
13
14 Transit Security Officers:
15
16 Shift schedules with designated days off will be determined by
17 management. Transit Security Officers will bid on the available
18 shifts based on Bargaining Unit Seniority.
19
20 Senior Transit Security Officers:
21
22 Shift schedules with designated days off will be designated for
23 senior officers within their watch or assignment by
24 management in the following manner and in the following
25 order:
26
27 1.Friday/Saturday
28 2.Sunday/Monday
29 3.Tuesday/Wednesday or Wednesday/Thursday
30 4.Saturday/Sunday
31
32 Should any more than four seniors be on a single assignment, the
33 designated days off available, will be repeated. Senior officers assigned
34 to Administration and Revenue shall be exempted from this Day Off
35 assignment format due to the operational schedules of those units. Senior
36 Officers will bid for the available slots based on seniority within the
37 bargaining unit.
38
39 Upon mutual agreement of all senior officers on a specific
40 watch/assignment and with management approval, senior officers may
41 rotate their days off each deployment period. When only two senior
42 officers are scheduled to a specific watch/assignment, with mutual
43 agreement between the senior officers and with management approval,
44 the affected senior officers may designate different days off as long as
45 there is no overlap in those days off.
46
47 Days off schedules for senior officers will be determined independently for
48 the following watches or assignments:
49
66
1 1.Day Watch
2 2.Revenue Team
3 3.PM Watch
4 4.EM Watch
5 5.MRL Sweep Team
6 6.Administration
7
8 Trading will not be permitted if such results in an employee working in
9 excess of forty hours a week.
10
11 OFF DAYS:
12
13 Employees will be allowed to select their days off within the shift every
14 third deployment period on Department seniority basis, provided the
15 needs of the department are satisfied. For purposes of this provision,
16 Revenue and Sweep Team assignments will be treated as separate shifts.
17
18 HARDSHIP CONSIDERATION
19
20 Requests for changes in days off or shift assignment must meet the
21 following criteria and comply with the Authority’s Family Care and Medical
22 Leave policy:
23
24 Allowance may be made when necessary to accommodate
25 extreme illness/injury of the employee or of the employee’s
26 immediate family (mother, father, spouse, daughter or son)
27 requiring the employee’s presence and assistance.
28
29 The employee must provide documentation to verify such
30 illness/injury and substantiate why the employee’s presence
31 is needed.
32
33 Once the accommodation is made the employee must make
34 every effort to remedy the hardship as soon as possible.
35
36 LONGEVITY
37
38 Employees with twenty or more years of departmental service shall be
39 given preference as to work location, provided the operational needs are
40 satisfied.
41
42
67
1
3
4 2003 – 01
5
6 TEMPORARY SERGEANT ASSIGNMENT
7
8 This agreement is between the Public Transportation Services Corporation (PTSC) –
9 Security Department and Teamsters Local 911. It is understood and agreed that when
10 an acting Sergeant’s position becomes available and is filled by a Teamster represented
11 employee the incumbent in the position will continue to be covered by all the terms and
12 conditions of the current collective bargaining agreement between the PTSC and
13 Teamsters Local 911.
14
15 It is further agreed that during the acting assignment the employee shall perform duties
16 as assigned by management. The employee will not conduct performance evaluations
17 with respect to Teamster represented employees but will provide input into the
18 evaluation process. In addition, employees assigned to an acting Sergeant’s position
19 will not impose disciplinary action against Teamster represented employees.
20
21 Upon completion of the assignment the employee shall return to their regular position in
22 the bargaining unit. In the event the employee is assigned to an acting Sergeant’s
23 position more than six (6) months article 27.3 (APPOINTMENT TO NON BARGAINING
24 UNIT POSITIONS) shall be extended to a period of one (1) year for the payment of
25 dues and the accrual of seniority rights. If it appears the assignment will exceed more
26 than one (1) year, the parties, at least thirty (30) days prior to one (1) year being
27 completed, will meet to discuss any special circumstances surrounding the assignment.
28
29
68
1
3
4 2003 – 02
5
6 SENIOR TRANSIT SECURITY OFFICER DUTIES AND RESPONSIBILITIES
7
8
9
10 AUTHORITY OF SENIOR TRANSIT SECURITY OFFICERS
11
12 While on-duty, Senior Transit Security Officers (Sr. S/O II) shall have full supervisory
13 authority over Security Officer I, Security Officers II and Field Training Instructors on the
14 shift in which they are on duty. The parties also agree that the Sr. S/O II will not
15 conduct Internal Affairs investigations or recommend or impose discipline on members
16 of the Teamsters Union. However, the Sr. S/O II may, on occasion, be ask to assist in
17 preliminary Internal Affairs investigations (that do not involve Teamsters bargaining
18 unit). Senior Transit Security Officers may also be asked to provide input on subordinate
19 officers performance evaluations.
20
21 In addition to the afore-mentioned, the following duties and responsibilities of the Sr.
22 S/O II includes, but are not limited to:
23
24 Protects Authority passengers, employees, properties, facilities, revenues and
25 other assets.
26
27 Travels to various Authority facilities to monitor Security Officers in the
28 performance of their work and assists in the resolution of routine problems.
29
30 Conducts daily briefings to update security personnel on special assignments,
31 general orders, training bulletins, major events, and other significant activities.
32
33 Coordinates and checks work of Transit Security Officers, including the review of
34 daily logs and incident reports; receives and records emergency and sick time
35 notifications. Conducts uniform inspections.
36
37 Act as Watch Commander in accordance with Sideletter of Agreement 2000-02.
38
39 Takes appropriate action in response to accidents, various incidents, and other
40 occurrences of varying severity; ensures the appropriate Authority staff are
41 apprised of all developments in a timely manner.
42
43 Coordinates with law enforcement personnel, other security personnel and
44 Authority staff as necessary.
45
46 Performs duties of a Transit Security Officer when needed; and other related
47 duties as directed by superior Transit Security personnel.
48
69
1
3
4 2003 - 03
5
6 SEMIAUTOMATIC FIREARM
7
8
9
10 SEMIAUTOMATIC FIREARM TYPE AND USE
11
12 Employees actively holding the position of Transit Security Officer II shall carry
13 an Authority provided semiautomatic firearm. This firearm is limited to a 9 mm
14 caliber semiautomatic pistol, Beretta model 92F. The use of this equipment is
15 limited to on-duty work hours set forth by the Authority.
16
17 It shall also be noted that the issuance and use of this semiautomatic firearm
18 does not elevate the Security Officer’s current status, thus this classification of
19 employees will maintain a non-peace officers status. This firearm must never be
20 carried in a loaded concealed manner or used off-duty for any reason except to
21 qualify or practice off duty at a qualified firing range.
22
23 TRAINING
24
25 The Authority shall provide all active Transit Security Officer II employees the
26 required training necessary to qualify officers to possess and use the 9 mm
27 semiautomatic pistol. Training at the firing range for officers and other
28 designated employees, shall be conducted by the MTA Range Master. the Los
29 Angeles County Sheriff’s Department for the life of this agreement. The training
30 time spent at the range for purposes of meeting the initial qualification
31 requirements shall be conducted during the employee's on-duty work hours.
32
33 At the Authority’s discretion, regular work schedules may be temporarily changed
34 during the period of training. There will be no additional compensation to the
35 employee (i.e., overtime pay, compensatory time off, etc.) as a result of the
36 temporary work schedule change.
37
38
70
1
3
4 2006 - 01
5
6 JOINT LABOR-MANAGEMENT COMMITTEE
7
8
9
10 The MTA and the Teamsters Local 911 are committed to working together to make the
11 MTA a safer and more secure organization for the benefit of the Public, the patrons and
12 staff of the MTA. The parties agree to work together on a Joint Labor-Management
13 Committee to address issues regarding on-going and new hire training; uniforms,
14 equipment, along with other items of interest to either party. The MTA will remove the
15 $48,982 from the Insurance contingency (Article 32) and use this money to fund
16 equipment and/or training which come out of this committee and is further committed to
17 providing the necessary resources within available budget to accomplish the goal of
18 maintaining and equipping a professional security staff.
19
20
71
1
3
4 2006 - 02
5
6 AGREEMENT TO LIMITED CONTRACT REOPENER
7
8
9 If between the dates of 10/1/06 and 9/30/09 the MTA Board of Directors takes a formal board
10 action to change its current security model, this collective bargaining agreement may be
11 reopened on a limited basis, upon request of either party. Request to reopen must be in writing
12 and must be received within 30 days from the date of the Board action.
13
14 In the event of such "reopener", negotiations and any contract amendments will be limited to the
15 manner in which the new security model impacts the current CBA and how those impacts will be
16 implemented (for example, required new classifications, added responsibilities, required training,
17 new assignments, shift bidding, and current employees who are not qualified under the new
18 model).
19
20 It is the intent of the parties to provide a mechanism which allows them to discuss and resolve
21 new issues that could not be anticipated prior to a Board Action.
22
23 It is not the intent of the parties to change any of the financial terms and conditions of the 2006
24 negotiations.
25
72
1
3
4 2006 - 03
5
6 INSURANCE
7
8
9 This sideletter shall serve as a clarification of Article 32 Insurance, section A. of the October 1,
10 2006 thru September 30, 2009 collective bargaining agreement as it pertains to the Employers
11 payment of various insurances on behalf of eligible bargaining unit employees.
12
13 Article 32 (A) shall be interpreted to mean that the PTSC agrees to pay monthly contributions to
14 the following Trust Funds up to the maximums set forth in Article 32(B):
15
16 1) Teamsters Miscellaneous Security Trust Fund – Plan D (Medical,
17 Dependent Vision & Life)
18 2) Joint Council of Teamsters No. 42 Welfare Trust Fund (Dental & RX
19 Drug)
20 3) Teamsters Death Benefit Trust Fund – Plan III (Life)
21 4) Western Conference Of Teamsters Legal Services Trust Fund (Legal
22 Services)
23
24 Further, the Employer agrees to abide by the terms and conditions of each trust fund as it pertains
25 to initial contributions on new hires into the bargaining unit and monthly remittance premiums
26 due.
27
73

2006 TEAMSTERS CBA Legislative Format

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

2006 TEAMSTERS CBA Legislative Format

Hochgeladen von

Copyright:

Verfügbare Formate

AGREEMENT BETWEEN

PUBLIC TRANSPORTATION SERVICES

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

EFFECTIVE OCTOBER 1, 2006 TO SEPTEMBER 30, 2009

Das könnte Ihnen auch gefallen