15.02 Notification
An Operator calling in sick must telephone her home Base not less than one
(1) hour prior to her assigned, scheduled report time or she shall be charged with a
miss-out. This shall not be construed as applying to an Operator who is medically
unable to perform her duties while at work as determined by the District or a
Medical Professional. Medical verification shall be obtained that day.
15.03 Returning to Duty An Operator returning to duty from absences shall notify her home Base by
11:00 A.M. the day before she intends to return to be given her regular assignment
for that day. If the Operator notifies the District of her intent to return between
11:00 A.M. and 10:00 P.M. of the day prior to her return, she shall be guaranteed
work but shall not be guaranteed her regular assignment. If the Operator fails to
notify her Base of her intent to return by 10:00 P.M. on the day prior to her
return, she shall not be guaranteed work for the day of her return. If the Operator
is not assigned, she shall remain on sick status for that day.
15.04 Absence Policy A. All sick calls are counted absences toward progressive discipline for
excessive absenteeism. An Operator shall be required to submit a physician's
certificate for absences in excess of five (5) consecutive working days, stating that
the Operator has been under the physician's care and is able to return to work.
Doctor's appointments will be counted as absences unless the Operator submits
medical verification to her Supervisor that she is required to have pre-scheduled
medical appointments. This verification must include the name of the medical
practitioner, how many appointments are anticipated, if known, and must be
submitted at least forty-eight (48) hours before the appointment begins.
This exception is designed for an Operator who must undergo pre-scheduled medical treatments such as, but not limited to, prenatal care, physical therapy and chemotherapy, or who is required to be absent as a result of a chronic illness or disease as verified by a licensed medical practitioner.
B. Absences will be counted as follows:
C. Progressive Discipline: This Agreement between the District and the Union is based upon a spirit of
cooperation between the Operators and the District to provide a fair and equitable
basis for the parties to handle discipline matters which may be brought before
them. The parties do recognize the responsibility of each to provide fair treatment
to both parties.
In order that this preamble may be effectuated to its fullest, the procedures
for handling discipline matters in an amicable manner are outlined as follows:
Grounds for Discipline and Discharge A.. No Operator will be disciplined, discharged, nor will adverse entries be
made in her personnel record except for just and sufficient cause. Any adverse
entries in an Operator's record shall be regarded as discipline and are subject to the
provisions of this Article.Formal counseling shall not be considered discipline,
however, records of this counseling may be kept for purposes of progressive
discipline upon notification to the Operator and the Union. This informal counseling
will be conducted in a manner that ensures the Operator's privacy.
B. No Operator may be suspended, discharged or removed from service prior
to completion of the full appeal and hearing process as outlined in this Article and
Article 18, except for one (1) or more of the following reasons:
C. An Operator may be disciplined for abuse of Sick Leave in accordance with
the standards identified in Article 15.
16.02 Miss-Out Rule
An Operator must report for her assignments within one (1) minute of her
scheduled report times or she will be charged with a miss-out. An Operator calling
in sick must telephone her home Base at least sixty (60) minutes prior to her
scheduled report time or she will be charged with a miss-out. An Operator not
reporting within one (1) minute of her scheduled report time may be called within
sixty (60) minutes of the scheduled report time and requested to report to work, at
her last known telephone number in the records of the District, dependent upon the
needs of the District.
B. An Operator who is not notified of a miss-out by the end of the next day
shall not be charged with that miss-out. The notice shall be time stamped with a
copy deposited in the Union mailbox. In the event that the Operator is not
available, the copy to the Union shall suffice as notification.
C. Disciplinary action for miss-outs shall be based on the following schedule.
Miss-outs shall remain on an Operator's record for three (3) months.
D. No Show Rule: E. Miss-outs may be waived if an Operator provides proof that she could not report on time due to one of the following:
An Operator who fails to report as a result of District scheduling errors shall not be charged with a miss-out.
16.03 Notice of Intent to Discipline or Discharge A time-stamped copy of this notice shall be sent to the appropriate Union
Base Representative on the same day as it is sent to the Operator. The Notice of
Intent shall be signed by the Manager of Operations or designee.
In the Notice of Intent, there shall be included the disciplinary action recommended:
A. Letter of Reprimand - May request first level hearing.
B. Suspension - Automatic first level hearing, including date of hearing; or if
offered in lieu of the suspension and elected by the Operator, a temporary one
pay step reduction - right of appeal is waived.
C. Discharge - Automatic first level hearing, including date of hearing.
16.04 First Level Hearing Procedures and Time Limits A. Letter of Reprimand Hearings (requested by an Operator) Hearings on
Letters of Reprimand must be requested by an Operator within ten (10) days of the
receipt of Notice of Intent to Discipline or the Letter of Reprimand will be placed in
the Operator's personnel file. The Manager of Operations or her designee shall hold
the hearing within ten (10) days of receipt of the request for hearing from the Operator.
B. Hearings on Suspensions or Discharges: C. Notification of Hearing: D. Report of Hearing: 16.05 Final Appeal before Arbitration A. Request for Appeal Hearings: The final appeal hearing shall be held within fifteen (15) days from the date
of the request of the hearing by the Union, with the understanding that the
Operator and the Union shall be given written notification of the time and place of
the hearing at least eight (8) days in advance.
The Operator shall have the opportunity to arrange representation and/or
witnesses, who will be released from duty without loss of compensation if employed
by the District. The Operator's representative or the Operator if not represented will
be allowed to question all witnesses.
B. Written Decision of Appeal Hearing: 16.06 Operator's Rights B. Any disciplinary action resulting in suspension or discharge shall be
reported to the Union within two days, and confirmed by letter within three (3)
days of the date and time of notification of the Operator.
C. If at the meeting or a subsequent hearing, the Operator who was
suspended is determined to be completely blameless of charges regarding the
offense, she shall be reinstated to her former position without loss of District or
classification seniority and will be paid wages lost as though she had not been
suspended. It is agreed that no entry shall be made on the Operator's record of the
suspension, if the Operator was found to be completely blameless. If it is found that
the Operator in question was partially blameless, then the District may reduce the
penalty and/or return some or all of the Operator's lost wages.
D. An Operator shall be given an opportunity to answer any charges or
complaints in writing. This response shall remain part of the Operator's record as
long as the complaint or charge remains on file.
E. The Operator shall have the right to Union representation at any meeting
or hearing that she has a reasonable basis to suspect may result in discipline. The
Operator's representative, or the Operator if not represented, will be allowed to
question all witnesses.
F. Adverse notations on the Operator's record that result in a three (3) day
suspension or less which are more than twelve (12) months old shall not be used
for future discipline. Disciplinary suspensions of more than three (3) days which are
more than five (5) years old shall not be used for future discipline.
G. No adverse entry shall be placed in an Operator's file unless written and
signed by the person making the charge or complaint. Hearsay evidence shall not
be the basis for discipline or adverse entry in the Operator's record. Written
declarations signed by the witness may be used as evidence. An Operator cannot be
suspended as a result of a passenger complaint, unless the Operator has the right to
face her accusers or witnesses in person. If the District suspends or discharges an
Operator under provisions of 16.01B prior to the completion of the first or second
level hearing, the Operator has the right to face her accusers or witnesses in person
before the discipline is imposed.
16.07 Assessment of Suspensions 16.08 Extensions 16.09 Time Limits and Forfeiture 16.10 Discipline or Discharge of Probationary Operators 16.11 Exclusionary Rule 17.01 Definition 17.02 Notification 17.03 Informal Conferences 17.04 Hearing 17.05 Final Appeal Before Arbitration 17.06 Extension of Time Limits 17.07 Violation of Time Limits 17.08 Applicability of Article 17.09 Computing of Time Limits 17.10 Submittal and Payment of Claims Settlement of non-payroll claims shall be paid to the Operator by separate
check within fourteen (14) days of the date of submission.
Settlement of payroll related claims will be paid in the first pay period
following the decision of the Hearing Officer.
This section shall in no way preclude earlier settlement of payroll claims when
an Operator has received less than the bid pay to which she is entitled.
18.01 Appeal to Arbitration The jurisdiction and authority of the Arbitrator shall be confined exclusively to
the interpretation of the explicit provisions of this Agreement and the applicable
rules and regulations at issue between the parties and the issuing of a decision or
award in accordance therewith. The Arbitrator shall have no authority to add to,
detract from, alter, amend, or modify any provision of the Agreement, or impose
on any party hereto a limitation or obligation not explicitly provided for in this
Agreement, or to alter any wage rate or wage structure. The decision of the
Arbitrator shall be rendered after the evidence and arguments are presented by the
parties in the presence of each other and in post hearing briefs if allowed. This
decision shall be final and binding to the parties except as outlined in Article
18.02A.
All expenses of the arbitration shall be equally divided between the parties,
except that if one party cancels the arbitration after the date has been set that party
shall bear all costs associated with the cancellation. Any Operator who is a witness
will be released without loss of compensation.
A. Within ten (10) days from the date of notice of appeal, the Union and the
District may mutually agree on a neutral party from an independent source to serve
as an Arbitrator. In the event the Union and the District fail to agree on the neutral
party, they shall immediately thereafter jointly request the California State
Conciliation Service to submit to them a list of seven (7) persons qualified and
available to act as an Arbitrator. If the list is requested from the California State
Conciliation Service, the Union and the District, within five (5) days of receipt of the
list, shall mutually agree upon the person on the list who shall be the Arbitrator. If
one person is not mutually agreed upon, the parties shall, within five (5) additional
days after the receipt of the list of names, alternately strike three (3) names from
the list, with the last remaining name to be the person serving as Arbitrator. The
party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator is requested to expedite the decision. At the request of either
party, Court Reporter shall be present at the hearing. Unless both parties agree, the
costs shall be borne by the requesting party. Upon the agreement of the Union and
the District, a transcript of the proceeding shall be made available to both parties
and shall be included in the final hearing expenses.
B. An expedited arbitration panel shall be established which shall apply to: Appeals to arbitration will be scheduled at a mutually agreeable time and
place not exceeding sixty (60) calender days from receipt of appeal.
Appointment to the expedited arbitration panel shall be by mutual agreement
between the Union and the District. Three (3) arbitrators shall be chosen to serve
overlapping terms. Nothing shall preclude the parties to this agreement from
retaining the same arbitrator for successive terms.
Either party to this agreement may request submission of a dispute meeting
the parameters above to the expedited arbitration panel, giving written notice of
the matters to be arbitrated and stating the relief requested. The arbitrator shall be
notified within ten (10) days with a request for a mutually agreeable date for the
arbitration.
The controversy shall be heard by a single arbitrator selected, in rotation,
from the three (3) person expedited arbitration panel. Should the arbitrator
scheduled to hear the next matter be unavailable for a period of sixty (60) calendar
days the following arbitrator in the rotation list shall be used.
All arbitrations shall be held on District property unless mutually agreed
otherwise. Either party may request a court recording be made of the proceedings
with the cost to be borne by the party making the request. Each party will have a
maximum of two (2) hours to present its case; to cross-examine the other party's
witnesses and for rebuttal. Written arguments shall not be filed. After the parties
have presented the evidence and conducted cross-examination, each party will have
an opportunity for oral argument before the Arbitrator for a period of not more
than fifteen (15) minutes.
Following each case, the Arbitrator will meet with one representative of the
Union and Management in closed session. The Arbitrator will mediate the discussion
with the objective of achieving agreement between the parties. If the parties cannot
agree within thirty (30) minutes, the Arbitrator will render the decision.
The Arbitrator shall announce the decision orally in the presence of both
parties. The decision will be recorded but a formal written decision will not be
required; any written decision will be brief.
18.02 Appeal of the Arbitrator's Decision B. The appeal shall be submitted to the Santa Cruz Metropolitan Transit
District Board of Directors within fifteen (15) days from the date of ruling by the
Arbitrator. A written decision of the appeal to the Board of Directors shall be
prepared by the Board of Directors within five (5) days from the date of the appeal
hearing and two (2) copies shall be mailed to the Union within five (5) days from
the date of decision.
18.03 Time Periods 19.01 Compensation for Appearance This Article covers any matters through which an Operator is required to
spend time by request or subpoena by the District or any law enforcement agency
covering accidents or incidents which happen while the Operator is in the
performance of her duties. An Operator will notify the proper official of the District
as soon as possible upon being served a subpoena.
Compensation will be as follows: B. During Regular Time Off or Days Off: C. On Annual Leave: 2. Payments outlined in 1 above will be made in lieu of Annual Leave
payments due an Operator under the provisions of this Agreement.
19.02 Instructions to Report 19.03 Traffic Citations 19.04 Legal Assistance 19.05 Legal Support
Progressive discipline shall be applied for excessive absenteeism. An Operator maintaining a balance of greater than sixty (60) hours of Sick Leave shall not be subject to discipline under this Section.
(1) When an Operator has had twelve (12) counted absences during a floating 365 calendar day period she will be given a caution notice.
(2) Seventeen (17) counted absences within a floating 365 calendar day period will result in a written warning to the Operator for violation of the attendance policy.
(3) Twenty (20) counted absences within a floating 365 calendar day period may subject the Operator to discharge unless number 5 below has been met regardless of the Operator's request.
(4) An Operator who is absent from work a total of twenty (20) or more days in a floating 365 calendar day period may be subject to discipline if a pattern of abuse is demonstrated.
(5) After one hundred eighty (180) calendar days without a counted absence, all prior Operator's counted absences will be rescinded upon request. The Operator must be actively working during this one hundred eighty (180) calendar day period.
ARTICLE 16
DISCIPLINE AND DISCHARGE
One (1) miss-out Caution Notice
Two (2) miss-outs Written Warning
Three (3) miss-outs One day suspension/10 day step reduction
Four (4) miss-outs Three day suspension/30 day step reduction
Five (5) miss-outs Ten day suspension/100 day step reduction
Six (6) miss-outs Subject to discharge
An Operator who fails within one hundred twenty (120) minutes of her scheduled report time to report to work shall be charged with an additional miss-out for that day and shall be assessed an additional one day suspension. For this No Show penalty to be assessed, the District must have called the Operator, as described in Paragraph A above, and if reached, requested her to report to work and informed her that failure to report will result in a No Show. All calls will be logged and if the District is unable to reach the Operator, the No Show will be assessed.
The District shall notify the Operator in writing of the intended discipline or discharge. The notice shall include Notice of Intent case number, a statement of the precise and complete charges, and shall be given to the Operator no later than twenty (20) days after the date of the District Management's knowledge of the occurrence which is the basis for the charges. In the event that the Operator is not available, the District may send the Notice of Intent to the Operator by certified mail postmarked no later than eighteen (18) days after the District Managemen's knowledge of the occurrence. . Notice of intent to discipline for chargeable accidents may be delayed until the final determination for chargeability through the accident review process.
The first level hearing shall be heard by the Manager of Operations or designee and must be held before any Operator is suspended or discharged. A first level hearing will also be held in the case of a letter of reprimand, if requested by the Operator.
Hearings on suspensions or discharges shall be held no less than five (5) days
and no more than fifteen (15) days from the time the Union and the Operator
receive the time stamped Notice of Intent to Discipline, except in cases where
extension of time limits is agreed upon.
Five (5) days before the first level hearing, the Manager of Operations or her
designee shall provide notification of the hearing date to the Union and every
Operator who is entitled to one. The notification of the hearing shall include:
No more than ten (10) days following the hearing, the Manager of
Operations or her designee shall submit a report of the hearing to the Union and
the affected Operator. This report shall contain the following:
If a disciplinary action or discharge is not settled to the satisfaction of the
Operator or the Union at the Operations Department level, the Operator or the
Union may refer the disciplinary action or the discharge to the General Manager or
her representative.
The Union or the Operator must request any appeals within ten (10) days
from receipt of the decision of the Manager of Operations or designee.
No more than ten (10) days after the date of the appeal hearing, a written
decision on the disciplinary action or discharge shall be prepared by the General
Manager or her representative and a copy shall be given to the Union and the
affected Operator. The decision shall contain:
A. At any meeting or investigation, at any level of the appeal and hearing
procedure, the Operator and/or Union representative (with authorization from the
Operator) shall be allowed to get whatever information is desired from the
Operator's personnel file.
Suspensions shall be served within thirty (30) days of the date of the final
decision on the suspension or within twenty (20) days of return to work. Multiple
day suspensions shall be served consecutively. The District shall determine the dates
of suspension.
By agreement between the District and the Union, the limits set forth in this
Article may be extended to specific times in individual cases. They shall be further
extended by up to one year whenever the Union shall advise the District in writing
that the grievance or claim has been appealed to the International Union for
decision within the organization and that upon determination of the appeal, the
case will be renewed actively by the Union. Whenever cases are first to be
adjudicated within the Union, it is understood that the District shall not be
penalized for accrual of time from the date of notification of necessity of appeal
action within the organization to date of notification that the Union is ready to
proceed with the case, at which time the extension of time shall end and the limits
shall be applicable to the case.
In computing the time limits as fixed in this Article, Saturdays, Sundays, and
holidays shall be excluded. The failure of the District to adhere to the time
limitations set forth above shall result in forfeiture of the District's case. If an
Operator and the Union representative fail to attend any meeting or hearing
referred to in this Article, it shall result in the right of the Union to appeal to the
next level.
The provisions of this Article shall only apply to fully qualified Operators who
have satisfactorily completed their probationary period. No probationary Operator
shall be disciplined or discharged without the opportunity for an administrative
review as specified in Article 6.
If within ten (10) days from receipt of the first level decision and prior to the
second level hearing, the Union requests a written document(s) that was in the
District's possession, and it is not provided, then the District shall be excluded from
using it in arbitration.
ARTICLE 17
GRIEVANCES AND CLAIMS
A grievance is defined as any controversy between the District and the Union
arising out of or by virtue of the Agreement. Grievances and claims must be filed
within twenty (20) days after the alleged violation becomes known to the Union.
If a grievance is alleged by the Union, it must be filed in writing with the
appropriate District management official, as the case may be, within twenty (20)
days after the occurrence or discovery of the alleged grievance. The grievance must
be concise and in writing and must state what specific section of this Agreement or
rule or policy of the District has been violated, and contain a brief description of
the violation, any steps that were taken to secure informal resolution, and proposed
resolution of the grievance.
The parties are encouraged to meet prior to filing the written grievance and
work to resolve disputes.
Within fifteen (15) days after the receipt of the grievance, the parties shall
meet in a hearing and attempt to settle the grievance, with the understanding that
the Union shall be given written notification of the time and place of the hearing at
least eight (8) days in advance. A written decision shall be rendered within ten (10)
days after completion of the hearing and copies furnished to all parties.
Within ten (10) days after the receipt of the decision of District management,
an appeal may be directed to the General Manager or her representative. The
hearing will be held within fifteen (15) days and the Operator and the Union shall
be given written notification of the time and place of the hearing at least eight (8)
days in advance. A written decision shall be rendered within ten (10) days after
completion of the hearing and copies furnished to all parties.
The time limitations set forth in this Article may be extended by mutual
written agreement. They shall be further extended by up to one year whenever the
Union shall advise the District in writing that the grievance or claim has been
appealed to the International Union for decision within the organization and that
upon determination of the appeal, the case will be renewed actively by the Union.
Whenever cases are first to be adjudicated within the Union, it is understood that
the District shall not be penalized for accrual of time from the date of notification
of necessity of appeal action within the organization to date of notification that the
Union is ready to proceed with the case, at which time the extension of time shall
end and the limits shall be applicable to the case.
The failure of the Union to adhere to time limits set forth above or to appear
at the time of the hearing shall cause forfeiture of the Union's case. The failure of
management to adhere to the time limitations set forth above shall result in the
right of the Union to appeal to the next level.
These rules covering grievances, claims, and procedures are applicable to all
Operators whose conditions of employment are within the scope of this Agreement.
In computing time limits as fixed in this Article, Saturdays, Sundays, and
District holidays shall be excluded.
The Union shall have the right to submit claims for individuals and the
submission shall be recognized and treated as set forth herein.
ARTICLE 18
APPEAL TO ARBITRATION
If a grievance or a dispute which has been processed in conformance with the
procedures set forth in Articles 16 and 17, and which involves the interpretation,
application or breach of any of the terms of this Agreement or the discipline or
discharge of any Operator covered by this Agreement is not settled to the
satisfaction of the Union or the District, either party may, within twenty (20) days
from the date of the decision, by written notice to the other party, request that the
matter be submitted to arbitration for decision.
A. The Union or the District may appeal the decision of the Arbitrator solely
on the condition that the Union or the District can substantiate that the ruling is
inconsistent with applicable State or Federal Law or District rules and regulations in
effect at the time of the occurrence on which the grievance or dispute is based. It is
understood that, should there be a conflict between District rules and regulations
and any provision of this Agreement, only rules of this Agreement shall apply. It is
further understood that the District will not revise its rules and regulations without
first offering to meet and confer on those revisions with the Union.
In computing the time limits as fixed in this Article, Saturdays, Sundays and
holidays shall be excludedexcept where calender days are specified. Any of the
time periods within any of the steps required in this Article may be extended by
mutual consent of the parties. The failure of either party to adhere to the time
limitations set forth or to appear at the time of the hearing shall cause forfeiture of that party's case.
ARTICLE 19
COURT APPEARANCES
The District agrees that when they direct an Operator in conjunction with any
legal matters involving the District directly, or indirectly, or for time spent under
subpoena by the District in any criminal proceedings wherein her presence is
required, due to her witnessing occurrences while on duty, to compensate her at
the rate of pay prescribed by the terms of this Agreement, less any other
compensation received as a result of the appearance. Pay will include travel from
the Operator's home Base to point of appearance and return. The District will notify
the Operator at least five (5) days prior to notification of the court date. If there is a
conflict with signed-on Annual Leave, the District will work with the Operator to
resolve the conflict.
A. During Regular Work Hours:
An Operator will not be paid less than she would have received had she worked her scheduled assignment.
An Operator will receive pay at the overtime rate for time required.
1. An Operator will be paid her straight time rate of pay for a minimum of
eight (8) hours, not charged to Annual Leave, on what would be a regular work
day, and the overtime wage rate for time required, not charged to Annual
Leave, for appearance on her day off.
It is understood that an Operator will be instructed to report to court or the
attorney's office only by District personnel and not by representatives of the
insurance company or attorney's office.
The District agrees to compensate any Operator for four (4) hours pay while
in court defending against a traffic citation for a moving violation received by the
Operator while on duty for the District, if the Operator is found to be not guilty of
any violation. To qualify for the compensation, the Operator shall provide the
appropriate District official with her Receipt of Dismissal (or other proof satisfactory
to the District) from the court. An Operator shall attempt to schedule court
appearances to be during off-duty hours.
In the event an Operator is charged with and acquitted of any crime, or traffic
violation, arising directly out of an accident or incident involving a District vehicle,
property or person occurring while the Operator is on duty and within the course
and scope of her employment, or any crime allegedly perpetrated while the
Operator is on duty and within the course and scope of her employment, the
District shall have the option of reimbursing the Operator for reasonable legal fees
incurred for the Operator's defense in trial court, or providing the Operator, at the
District's expense, with competent legal counsel to represent the Operator in trial
court, unless the Operator is also found guilty of driving under the influence of
alcohol or non-prescribed drugs. Notwithstanding the above, reimbursement for
reasonable legal fees shall not exceed $250 for traffic violations. If the parties
cannot agree within two working days upon the amount of reasonable reimbursable
legal fees charged by Santa Cruz County attorneys, the Union and the District will
jointly prepare a letter by the end of the second day to the Santa Cruz County
Criminal Defense Bar requesting that it assign an association member to review the
legal fees and determine whether they are reasonable. The District shall pay any
required fees for this service. The District shall only be responsible for payment of
legal fees if the Court has determined that the Operator is not eligible for the Public
Defender due to her income level.
If an Operator seeks legal support from the District for issues arising out of
the course and scope of her employment with the District, the District shall either
reimburse the Operator for reasonable legal fees arising from these disputes or will
provide the Operator, at the District's expense, with competent legal counsel to
represent the Operator in court provided that the legal issue causing a request for
legal support does not lead to a conflict of interest between the District and the
Operator. A dispute regarding conflict of interest shall be brought as soon as
possible, but in no event later than one month, to the Board of Directors or the
Policy and Finance Committee for determination. If the parties cannot agree within
two (2) working days upon the amount of reasonable reimbursable legal fees
charged by Santa Cruz County attorneys, the Union and the District will jointly
prepare a letter by the end of the second day to the Santa Cruz County Superior
Court Administrator requesting that she assign an independent civil attorney to
review the legal fees and determine whether they are reasonable. The District shall
pay any required fees for this service. The District shall only be responsible for
payment of legal fees.
TOC
Index