Working Agreement

WORKING AGREEMENT

By and Between

WHATCOM TRANSPORTATION AUTHORITY

AND

AMALGAMATED TRANSIT UNION

LOCAL 843

Effective January 1, 2010 to December 31, 2012

TABLE OF CONTENTS

ARTICLE 1 - PREAMBLE

Statement of Purpose Page1

ARTICLE 2 - DEFINITION OF TERMS

Adjusted Date of Hire Page 2

Agency Seniority Page 2

Bid Run, Fixed Route Page 2

Bid Run, Paratransit Page 2

Bidding Seniority Page 2

Classification Page 2

Classification Seniority Page 2

Cross Training Page 2

Day Page 2

Demand-Responsive Service Page 2

Designated Holiday Page 2

Domestic Partner Page 2

Dual Training Page 3

Employee, Full-time Page 3

Employee, Part-time Page 3

Family Member/Immediate Family Page 3

Fixed-Route Service Page 3

Flexible-Route Service Page 3

Floating Holiday Page 3

Header/Trailer Service Page 3

Large Vehicle Page 3

Lay-over Time Page 3

Mark-up Page 3

Operator, Part-Time Page 4

Paratransit Service Page 4

Practitioner Page 4

Regular Status, for Operator Page 4

Regular Status, for Other Employees Page 4

Relief Board Page 4

Small Vehicle Page 4

Split Run Page 4

Spread Time Page 4

Union Representative Page 4

Workweek Page 4

ARTICLE 3 - RECOGNITION OF BARGAINING UNIT

Section 1: Recognition Page 5

Section 2: Positions Page 5

Section 3: Job Audits Page 5

ARTICLE 4 - GRIEVANCE PROCESS

Section 1: Purpose Page 6

Section 2: Definitions Page 6

·  Grievant Page 6

·  Grievance Page 6

·  Days Page 6

Section 3: Timeliness Page 6

Section 4: Process Page 6

·  Step 1. Supervisor Level Page 6

·  Step 2. Division-Director Level Page 7

·  Step 3. General-Manager Level Page 7

·  Step 4. Arbitration Page 7

Section 5: Binding Effect of Award Page 8

Section 6: Limits of the Arbiter Page 9

Section 7: No Duty to Maintain Status Quo Page 9

Section 8: Freedom from Reprisal Page 9

Section 9: Election of Remedies Page 9

ARTICLE 5 - UNION ACTIVITIES

Section 1: Union Business Page 10

Section 2: Administrative Limitation Page 10

Section 3: Benefits during Union Leave Page 10

Section 4: Officer Pay during Union Leave Page 10

ARTICLE 6 - UNION MEMBERSHIP AND CONDITIONS OF EMPLOYMENT

Section 1: Membership Page 11

Section 2: Withdrawal Generally Page 11

Section 3: Payroll Deductions Page 11

Section 4: Refusal to Join Union Page 11

Section 5: Indemnification Page 11

Section 6: Probationary Period Page 11

ARTICLE 7 - DISCIPLINE

Section 1: Right to Discipline and Discharge Page 13

Section 2: Progressive Discipline Page 13

Section 3: Pre-Disciplinary Meeting Page 14

ARTICLE 8 - GENERAL PROVISIONS

Section 1: Basic Attendance Policy Page 15

Section 2: Leaves of Absence Page 15

·  Bereavement Leave Page 15

·  Jury and Military Leave Page 16

·  Family and Medical Leave Page 16

·  Leave Without Pay (one day or less) Page 17

·  Leave Without Pay (30 days or less) Page 17

·  Leave Without Pay (greater than 30 days) Page 17

·  Cancellation or Revocation of Leaves Without Pay Page 18

Section 3: Sick Leave Page 18

Section 4: Health and Welfare Benefits Page 20

Section 5: Vacation Page 20

Section 6: Holidays Page 23

Section 7: Jury Duty Compensation Page 23

Section 8: Promotions Page 24

Section 9: Benefit Accrual Page 24

Section 10: Layoff and Recall Page 24

·  Order of Layoff Page 24

·  Recall from Layoff Status Page 25

Section 11: Hours of Transit Operation Page 25

Section 12: Leave Benefits at Separation Page 26

ARTICLE 9 - SPECIFIC PROVISIONS

Section 1: Work Schedules Page 27

Section 2: Runs and Shifts Page 27

Section 3: Mark-ups Page 29

Section 4: Temporary Appointments Page 30

Section 5: Full-time Appointments Page 30

Section 6: Uniforms Page 31

Section 7: Union Bulletin Boards Page 31

Section 8: Bus Passes Page 31

Section 9: Accident Reports Page 31

Section 10: All-Employee Meetings Page 31

Section 11: Staff Coverage Page 31

Section 12: Job Description and Policy Changes Page 32

Section 13: Seniority Page 32

·  Seniority Provisions Page 32

·  Loss of Seniority Page 32

Section 14: Fare Page 33

Section 15: Complaint Filing Page 33

Section 16: Relief Board Operators Page 33

Section 17: On-Call Status Page 34

Section 18: Overtime Page 34

·  Operators Page 34

·  All other employees Page 35

·  Full-time employees on day off Page 35

·  During all-employee meetings Page 35

Section 19: Fleet and Facilities Page 35

·  Work Assignments Page 35

·  Lead Employees Page 36

·  Acting Leads Page 36

·  Tools and Equipment Page 37

·  Overtime Page 37

·  Training Premium Pay Page 38

Section 20: Paratransit Dispatcher/Operator Combination Position Page 38

Section 21: Specific Protections for “Grand-fathered” Operators Page 39

Section 22: On-Board Camera and Data Systems Page 40

ARTICLE 10 - ALCOHOL AND SUBSTANCE ABUSE POLICY

Section 1: General Policy Page 41

Section 2: Employee Assistance Program Page 41

Section 3: Rehabilitation Page 41

Section 4: Drug & Alcohol Testing Page 41

Section 5: Employee Responsibilities Page 42

Section 6: Summary of Consequences of Refusals or a Positive Test Page 43

ARTICLE 11 - WAIVERS

Section 1: Waivers Page 44

ARTICLE 12 - CONTRACTING RIGHTS AND LIMITS

Section 1: Contracting Rights Page 45

Section 2: Contracting Limits Page 45

ARTICLE 13 - STRIKES AND WORK ACTIONS Page 46

ARTICLE 14 - DURATION

Section 1: Effective Dates Page 47

Section 2: Severability Page 47

Section 3: Sole Agreement Page 47

ARTICLE 15 - MANAGEMENT RIGHTS Page 48

SIGNATURE PAGE Page 49

APPENDIX A – WORKGROUP WAGES

Section 1: Wage Scale Page 1-A

Section 2: Premium Pay Page 4-A

Section 3: Shift Differentials Page 5-A

Section 4: Grandfathering of Certain Pay Rates Page 5-A

APPENDIX B - HEALTH AND WELFARE BENEFITS

Section 1: Review of Coverage Page 1-B

Section 2: Benefits Committee Page 1-B

Section 3: Eligible Employee Obligations Page 1-B

Section 4: Eligible Employees Page 1-B

Section 5: Coverage Page 2-B

Section 6: Medical Premium Participation Page 2-B

Section 7: Dependent Medical Coverage Waiver Rebate Page 3-B

APPENDIX C - Uniforms

Section 1: General Page 1-C

Section 2: Uniformed Operations Employees Page 1-C

Section 3: Service Section, Route, Facilities and Fleet Maintenance Page 2-C

Section 4: Warehouse Page 3-C

APPENDIX D – Grand-fathered Employees

List of “Grand-fathered” Employees Page 1-D

v

ARTICLE 1 - PREAMBLE

The Whatcom Transportation Authority, its successors and assignees, hereinafter referred to as the “WTA," and Amalgamated Transit Union Local 843, hereinafter referred to as the “Union" or “ATU,” agree as follows:

This Agreement is intended to promote, and shall be so construed and interpreted as to carry out, the following general purposes:

·  The promotion of harmonious relations between the WTA and the ATU;

·  The encouragement of cooperation among all employees of the WTA;

·  The maintenance of safe, reliable, friendly and efficient service;

·  The maintenance of fair wages, hours and working conditions for all employees represented by ATU;

·  The establishment and maintenance of an orderly bargaining procedure between the WTA and the ATU and

·  The securing of prompt and fair disposition of all grievances and disputes.

ARTICLE 2 - DEFINITION OF TERMS

Adjusted Date of Hire: For an employee who begins employment on or before the 15th day of a month, the adjusted date of hire shall be the first day of the month in which employment commenced. For an employee who begins employment with WTA on or after the 16th day of a month, the adjusted date of hire shall be the first day of the next succeeding month.

Agency seniority: Length of continuous employment with the Whatcom Transportation Authority since his/her last date of hire, including any employment with WTA predecessor agencies.

Bid Run, Fixed-Route: A posted fixed-route bid assignment which is scheduled on a regular daily basis and which provides a minimum of 8.0 hours of compensation per day.

Bid Run, Paratransit: A posted paratransit bid assignment which is scheduled on a regular daily basis and which provides a minimum of 35 hours of compensation per work week.

Bidding Seniority: Recognized length of time in a classification listed in Appendix A.

Classification: An employee’s job position at WTA. In the case of Operators, this includes those able to drive large and/or small vehicles.

Classification Seniority: An employee’s aggregate service in a classification. Classification seniority shall be utilized for layoffs and recall, selection of runs and shifts and days off, as appropriate.

Cross Training: The process by which an Operator is certified to drive both large and small vehicles in both fixed-route and paratransit service.

Day: A calendar day, except when "working day" is specifically stated.

Demand-Responsive Service: Transportation service not scheduled until a service request is initiated by a rider or someone on the rider’s behalf. Current demand-responsive services provided by the WTA include Americans with Disabilities Act (ADA) Paratransit Service, Safety Net Service and Flexible-Route Service.

Designated Holiday: Those holidays set out in Article 8, Section 6A of this Agreement.

Domestic Partner: A home partner with whom the employee has a close and intimate Union as defined by the “Domestic Partner Affidavit" contained in the WTA Personnel Policies and Procedures.

Dual Training: The process by which an Operator is certified to drive both large and small vehicles in either fixed-route or paratransit service.

Employee, Full-time: An employee whose regular schedule calls for working 35 hours or more each week, with the exception of a Relief Board Operator whose regular schedule calls for working 30 hours or more each week.

Employee, Part-time: A (non-Operator) employee working less than 35 hours each week averaged over a full six-month period running either January through June or July through December.

Family Member/Immediate Family: For the purposes of sick leave, refer to Article 8 Section 3C. For the purposes of bereavement leave, refer to Article 8 Section 2A.

Fixed-Route Service: A system for transporting individuals in which a vehicle is operated on a prescribed route according to a fixed schedule.

Flexible-Route Service: A blend of fixed-route and demand-responsive service for transporting individuals that operates in a defined service area, boarding and de-boarding riders at two types of locations:

1.  Publicly designated stops

2.  Demand-responsive stops at other locations within the specified flexible service area.

Floating Holiday: A holiday as referenced in Article 8, Section 6B of this Agreement which is taken off at the employee's discretion and with the approval of the employer.

Header/Trailer Service: A type of fixed-route service in which additional buses are utilized to augment existing bus service capacity, operating only upon a segment of the bus route and only during peak ridership time periods. Such service runs concurrently in partnership with a regularly scheduled bus identified in the WTA Transit Guide.

Large Vehicle: A passenger-carrying vehicle exceeding or equal to 29 feet in length (skin to skin).

Lay-over Time: All time during an Operator's work report period that he/she is not operating a bus.

Mark-up: A process by which employees bid for work assignments, days off and vacation days.

Operator, Part-time: A bus operator who is used to supplement the bid-run and Relief Board workforce and who regularly works less than 30 hours each week, averaged over a full six-month period, either January through June or July through December.

Paratransit Service: Specialized public transportation providing door-to-door and other demand-responsive service.

Practitioner: Any professional licensed by the state to practice the healing arts.

Regular Status, for Operator: Having performed the duties of a particular operator classification for at least one full mark-up period.

Regular Status, for Other Employees: Having performed the duties of a particular position for at least four months.

Relief Board: A group of operators whose principal function is to provide fill-in relief for regular bid-run operators who are absent or to fill other non-bid driving assignments.

Small Vehicle: A passenger-carrying vehicle less than 29 feet in length (skin to skin).

Split Run: A bid or open run with three or more continuous hours of non-work time falling anywhere between the beginning and end of the shift.

Spread Time: The full length of an operator’s work day, from first report time to last check-out time.

Union Representative: A Union Officer (President/Business Agent, Vice-President, Financial Secretary or Recording Secretary), Union-designated Shop Steward or other Union member specifically designated by the Union President to act on behalf of the Union. A written list of approved Stewards will be provided to the WTA and will be posted on the Union bulletin board. The most currently submitted list will supersede all others. No other member of the Union Local may officially speak for the Union or act on its behalf.

Workweek: The workweek commences at midnight, Sunday morning, and ends at midnight, Saturday night.

ARTICLE 3 - RECOGNITION OF BARGAINING UNIT

Section 1: Recognition. The WTA recognizes the Union as the exclusive collective bargaining representative for employees working in the job classifications listed in Appendix A, excluding temporary WTA employees employed for a consecutive period not to exceed six-months, unless extended by mutual agreement.

Section 2: Classifications. Appendix A lists current job titles and pay ranges for the classifications covered by this Agreement. In the event a new bargaining unit classification is created within the WTA, the WTA will notify the Union of the following: (1) the existence of such classification prior to its implementation and (2) the proposed pay scale. Should the Union disagree with the proposed pay scale, negotiations will commence in a timely manner. If the parties cannot resolve a dispute relating to the inclusion/exclusion of the classification, the parties will jointly request the Public Employee Relations Commission (PERC) to resolve the dispute.

Section 3: Job Audits. Whenever the Union or General Manager or designee believes the scope and duties of an existing classification have substantially changed, the Human Resources Director may be asked to conduct a job audit. The job audit should be completed within three months (Due Date). In the event the audit is not completed by the Due Date, and a negotiated pay increase is justified by the audit when it is completed, the affected employee(s) shall be eligible for retroactive pay from the Due Date forward to the implementation of the new pay rate. During the term of this agreement, employees will not be required to take a pay cut as a result of a job audit.