Local 407 – CMSD Contract Digest
CAUTION: This is a summary of Articles and provisions of the District’s collective bargaining agreement with Teamsters Truck Drivers Union, Local 407, International Brotherhood of Teamsters. Details and nuances are by necessity omitted. Reference to this summary is not a substitute for review of the actual contract provisions in their entirety. Furthermore, reference to this summary and any notes herein is NOT a substitute for legal advice and shall not be construed as legal advice. If you have questions or concerns, consult with legal counsel.
Article I Recognition
1.1 District recognizes Truck Drivers Union, Local 407, I.B.T. (the Union) as exclusive collective bargaining representative of all school bus drivers and attendants.
Article II Union Membership, Dues Checkoff and Fair Share
2.1: Union Membership: Current members remain; non-member/new employees may become members. Payment of union dues condition of remaining in good standing.
2.2: New Hires: District to notify Union of new hires within ten (10) days.
2.3: Dues Checkoff: Process of employee authorizing District to deduct dues, to continue unless revoked or changed in writing. Dues deducted in any month shall be paid by the 15th of the following month.
2.4: Fair Share Provision: Employees who do not join or remain in good standing with Union required to pay a “fair share service fee” not to exceed union dues; does not require union membership; District to deduct; automatic, written employee authorization not required.
2.5: Bona Fide Religious Exemption: Rights and privileges preserved in accordance with R.C. 4117.09(C).
2.6: Rebate Procedure: (1) Internal advanced fee reduction procedure established in accordance with R.C. 4117.09(C). (2) Procedure for challenging amount of fair share fee has been established. (3) Procedure and notice to be legally compliant. Union to provide District copies of communications with fair share fee payers within thirty (30) days, except for specified information.
2.7: D.R.I.V.E.: District agrees to deduct voluntary bargaining unit member contributions to I.B.T. D.R.I.V.E. to notify District of amounts. District to transmit one check monthly to D.R.I.V.E. national headquarters. I.B.T. to annually reimburse District for costs of administration. Note: Per the Teamsters website, D.R.I.V.E. stands for Democrat, Republican, Independent Voter Education.
Article III Scope of Representation
3.1: Limited to wages, hours, or terms and other conditions of employment, and provisions of the Agreement. District retains right to consult with Union on matters outside the scope of representation provided that any agreement is reduced to writing, “embodied” in Agreement, and binding on both parties. Does not restrict District’s Article VI management rights.
Article IV Procedures for Conducting Negotiations
4.1: Negotiating Teams: District’s representatives meet with Union’s representatives. Union’s team to consist of six (6) individuals, not more than two (2) from any one depot, members to be released to negotiate from conflicting scheduled work, Local 407 to pay wages. Teams have right to make and consider proposals and determine items acceptable to both parties. No final Agreement to be executed until ratified.
4.2: Confidentiality: Team representatives may make interim reports to their constituencies, regarded as proposals, confidential. Negotiations are confidential.
4.3: Negotiations in Accordance with Law: In accordance with R.C. 4117.
4.4: Request to Commence Negotiations: Either party may, within ninety (90) days of expiration. If neither requests, Agreement continues in effect from year to year.
Article V No Discrimination
5.1: No bargaining unit member shall be subject to adverse or favorable employment action because of political views/affiliation; there shall be no unlawfully discrimination.
5.2: District and Union shall not take any form of adverse action against employees based on Union membership status or engaging in or not engaging in Union activity.
Article VI Management Rights
Management Rights
District’s sole and exclusive retained management rights listed in nine paragraphs lettered (a) through (i). Essentially, the District has the right to manage operations in any lawful manner not in violation of express terms of the parties’ Agreement. In paragraph (j) District agrees not to expand subcontracting in a manner resulting in job loss and agrees not to fill open positions by subcontracting. Present subcontracting remains in place.
Note: “Job loss” does not mean mere loss of extra work or overtime. As established by arbitral decision, the District has the right to subcontract work such as transportation of student athletes to athletic events; loss of the possible overtime opportunity to do such work does not constitute “job loss” within the meaning of this provision.
Article VII Employee Rights
7.1 Personnel Files
7.1 A: Personnel files maintained, where. Employee files kept by supervisors not to contain anything not in main personnel files.
7.1 B: Employees to be provided copies of derogatory writings within ten (10) days of placement into personnel file. Person placing shall sign and date. Employee entitled to initial and date material and place written response in file. Employee may grieve to remove unjust derogatory from file.
7.1 C: Employee has right to review/obtain copies of personnel file during down time but regular office hours, certain material excepted. Inspect within five (5) days of request. Not permitted to add, take, or alter documents.
7.1 D: Confidentiality of personnel file; authorized inspection, when; available upon request as required by law; violation of provision may result in discipline.
7.1 E: Bargaining unit members not to be asked to file information in personnel files.
7.2 Personnel Evaluations: Bus drivers and attendants evaluated at least twice annually; opportunity to discuss; placement of unsubstantiated content prohibited; negative evaluations may include recommendations for improvements and assistance; review rights per 7.1 B.
7.3: Upon supervisor’s request, employee shown or receiving copy of derogatory material shall sign and date signifying receipt and review, not agreement.
Article VIII Union Rights
8.1: Access to Work Areas, Bulletin Boards, and District-owned Facilities
8.1 A: Authorized Union agents have access to work areas to adjust disputes, investigate working conditions, ascertain contract compliance. Union member permission with prior approval to be released to participate in District/Union matters.
8.1 B: District to provide Union bulletin board(s) confined to use for official business.
8.1 C: Bargaining unit members right to use of District facilities, etc., limitations.
8.1 D: Union right to make facility construction recommendations.
8.1 E: Elected/appointed Union officials to be considered spare drivers or attendants, most junior spare if insufficient seniority; to be granted leave without pay, fringe benefits, discrimination, or loss of seniority; District to arrange maintenance of driving certifications in accordance with law.
8.2 Union Rights to Information
8.2 A: District to supply Union “hire date” and seniority roster every six months, information to be included, District to notify by letter to Union of new hires.
8.2 B: District to provide Board meeting agenda, allow Union representative to attend.
8.3: Orientation Sessions: District to allow Union to present on Agreement to existing and new employees.
8.4: Printing of Contract: Union assumes responsibility; parties share cost; Union responsible to provides booklet copies without charge to bargaining unit members.
Article IX Stewards
9.1: Stewards’ Duties: District recognizes Union right to designate, limited duties and activities set forth in A – C.
A: May investigate and present grievances; may access personnel files upon written employee release each time, to investigate and present grievances.
B: May access employee personnel files, payroll records, and any public information to investigate and present grievances.
C: Transmission of messages and information to originate with/be authorized by Union.
9.2: Release Time: Paid release time to be granted to up to two Union Stewards at each Depot to conduct Union business and hearings, not to exceed ten (10) hours per week per Steward; non-driving time unless pre-approved; for Union activity only, not to be unreasonably withheld; if impossible, cooperate to allow makeup time; Steward spares’ option to be last spare sent; release time does not count toward overtime; not granted if disrupts normal operations or Stewards’ own routes.
Disciplinary meetings/hearings during employee's regular working hours whenever possible. If outside, employee compensated for time.
Article X Bargaining Unit Work
10.1 Bargaining Unit Work:
10.1 A: Driving of District school buses to transport students, past practices excepted.
10.1 B: General interior bus cleaning during summer months; emergency spot cleaning; daily responsibility of drivers to sweep and maintain clean assigned buses.
10.1 C: Exterior bus cleaning, outside contractor and summer student work excepted.
10.1 D: District to fairly enforce this provision.
10.2: Rights of Bargaining Unit Upon Change in the School District: Shall not affect rights of members or status of Union, Agreement binding on any new governing board which employs current members; any new groups go to bottom of seniority list.
Article XI: Labor-Management Committee
11.1: Established to confer on matters of mutual concern excluding grievances/ Agenda to be submitted by requesting party five (5) days before meeting. No more than four (4) Union representatives including Local President/designee, unless agreed. No more than once a month, unless agreed. Union refusal/non-response to District request as waiver.
Article XII Grievance Procedure
“Grievances” are disputes over interpretation, application or alleged violation of the agreement.
“Days” are calendar days; “work days” are Monday through Friday except holidays.
Note: Care should be taken to correctly calculate time limits based on specified numbers of “days” or “work days.”
Specified days are maximum number of days. Time may be extended by mutual agreement. Time requested is deemed agreed to unless other party objects in writing within five (5) days.
District must comply with time limits within ten (10) days and provide information or “any grievance action by the District” will be automatically dismissed. Union must comply with time limits within ten (10) days or any grievance/action will be automatically dismissed.
Union gives notice to District to the hearing officer at next step of the grievance procedure. District gives notice to Union President.
Employees have right to Union representation at all stages of the grievance procedure.
Employees have right not to answer questions when answers might be incriminating (Garrity rights.) Employee has right to legal counsel of own choosing at own cost. Union has right to be present at all stages.
Thirty (30) day time limit to file a grievance from time aggrieved party knew or should have known about event giving rise to the grievance. After that grievance considered waived unless continuing in nature.
Article 10 spells out FOUR Step Grievance Procedure.
STEP ONE: grievances (disputes over interpretation/application of provisions affecting terms and conditions of employment) presented in writing to Deputy Chief of Business Operations within thirty (30) time limit. Grievances have to be adjusted or answered in writing delivered to Union and grievant within six working days of hearing, stating rationale for decision.
STEP TWO: grievance may be appealed to Director of Labor Relations within six (6) working days if STEP ONE answer unsatisfactory. If STEP ONE answer is late, Union/employee option to wait or proceed to STEP TWO. District can postpone a decision with written notification to Union with a mutually agreed timeline to render decision. Director of Labor Relations to hold STEP TWO hearing within six (6) working days. Both sides may present evidence and testimony, provided District can support termination only through witnesses where possible, excluding students. STEP TWO response must be sent to Union and grievant within ten (10) working days, must state specific grounds, evidence, and reasoning.
STEP THREE: eleven (11) paragraphs, mediation. Parties agree to mediate grievances not resolved at STEP TWO before arbitrating. Single mediator selected by agreement or through FMCS. Two Union representatives, all necessary witnesses receive regular pay, held during working hours. Grievances appealed to arbitration may be mediated by mutual agreement. Suspensions/discharge grievances have scheduling priority. Parties notify FMCS of agreement to mediate, cooperate in arranging. Grievant entitled to attend. Parties must waive contractual time limits. Informal, rules of evidence do not apply, no record, mediator’s notes confidential. Mediator may meet together or alone with parties, may not compel resolution, may provide spoken advisory opinion in joint or separate session. If unsuccessful may proceed to arbitration. Nothing said during or documents prepared for mediation may be used in arbitration.
Employees suspended for ten (10) working days or less may skip STEP ONE and file written request for a STEP TWO hearing before Director of Labor Relations, which shall be held within forty-eight hours of filing.
STEP FOUR:
(A) Union has right to submit a grievance unresolved at Step Two to arbitration by notifying the District within thirty (30) work days of the date Step Two answer is received by grievant that matter will be arbitrated. Arbitrator fees and expenses and cost of arbitration are borne equally by the parties. “The Union shall pay for its arbitration witnesses.”
(B) Arbitrator issues written decision and award final and binding on the parties. Arbitrator prohibited from making any decision or award adding to, subtracting from, or modifying any provision of Agreement or that is contrary to law.
(C) Held in Cuyahoga County.
(D) Arbitrator selected through the FMCS.
A. Union may ask for expedited arbitration of any non-class action issue for which the District may immediately impose discipline. Parties contact FMCS within twenty-four (24) hours. Upon parties’ mutual request, decision to be issued within seven (7) days of hearing. Parties may mutually agree to choose another expedited procedure.
B. Class actions may be submitted to expedited arbitration by mutual agreement.
C. Grievance impacting five (5) or fewer bargaining unit members is non-class action.
Arbitration provision supersedes and prevails over any Civil Service procedure.
Article XIII: Discipline
Five sections lettered ‘A’ through ‘E’:
A: Just cause required to discipline, demote, suspend, or discharge.
B: Progressive discipline required; lower penalties may be bypassed for serious offenses.
C. Twelve (12) numbered steps explain process for termination or suspension without pay:
1. Administrator conducts and completes preliminary investigation and notifies employee of determination within twenty (20) days of becoming aware of possible disciplinary infraction.
2. If determined there has been a disciplinary infraction that may lead to suspension without pay or termination matter proceeds to a fact finding held by appropriate Deputy Chief or Executive Director.