The Union agrees that the District has complete authority for the policies and
administration of all District departments which it shall exercise under the provisions
of the law and in fulfilling its responsibilities under this Agreement. The authority
shall include the establishment of work rules and regulations not inconsistent with
the terms of this Agreement. Any matter involving the management of
governmental operations vested by law in the District and not covered by this
Agreement is in the province of the District. The exercise of any right, power,
authority, duty or responsibility by the District and the adoption of rules,
regulations, and policies as it may be deemed necessary, as they apply to Operators
represented by the Union, shall be limited only by the specific and express items of
this Agreement and the requirements of the laws and Constitution of the State of
California.
It is recognized that the parties are engaged in rendering a public service and
that they will comply with all applicable valid rules, regulations and orders of duly
constituted public regulatory bodies or governmental authorities. The parties agree
that nothing contained in this Agreement shall be construed to conflict or be
inconsistent or incompatible with rules, regulations or orders. During the term of
this Agreement, neither the Union nor its members shall call, sanction, assist or
engage in any strike, slowdown or stoppage of the District's work, operations or
service, or in any manner sanction, assist or engage in any restrictions or limitations
of the work, operations, or service of the District. Refusal of an Operator to cross a
primary picket line shall not be construed as a violation of this Agreement.
It shall not be a violation of this Agreement, and it shall not be cause for
discharge or disciplinary action, in the event an employee refuses to enter upon any
property involved in a labor dispute or refuses to go through or work behind any
bona fide labor organization picket line, where entering property involved in a
labor dispute or going through a bona fide labor organization's picket line will
result in potential damage to District equipment or physical injury to the employee
or where physical injury to persons in the picket line could result or where a
member of the District employee's immediate family is involved in a labor dispute.
This section shall not apply to informational picket lines established or endorsed by
bona fide labor organizations.
During the term of this Agreement, the District shall not cause or permit any
lockout of any of its Operators.
This Agreement shall be binding upon the successors and/or the assignees of
the parties hereto, and no provisions, terms, or obligations herein contained, nor
the certification of the exclusive bargaining agent be affected, modified, altered or
changed in any way by the consolidation, merger, sale, transfer, affiliation or
assignment of either party hereto, nor affected, modified, altered or changed in any
respect whatsoever by any change of ownership or management by either party; or
by any change, geographical or otherwise, in the location of business of either party.
Should any portion of this Agreement be altered or modified due to
legislative action or court decision, or should any portion of this Agreement be
found contrary to State or Federal law, the remaining provisions shall in no way be
affected and shall remain in full force and effect. Any portion of this Agreement
affected by changes in law shall be the basis of collective bargaining on the part of
the District and the Union to bring the language of the Agreement into compliance.
24.01 Final Agreement Between the Parties 24.02 Duty to Collectively Bargain in Good Faith on Matters Not Covered - No Economic Action If new classifications are added to the bargaining unit during the term of this
Agreement, the Union and the District will collectively bargain in good faith on
wages, hours, working conditions and other terms of employment for those new
classifications.
A. Except as otherwise provided herein, this Agreement shall be made
effective July 1, 1999, and shall remain in full force and effect to and including
June 30, 2002, and shall continue in effect for additional periods of one (1) year
thereafter, unless notice in writing of termination has been served by either party
upon the other not later than ninety (90) calendar days prior to this expiration date
or any subsequent yearly period. The duration of and termination date of this
Agreement shall remain in full force and effect regardless of the Local Union's
affiliation with, or disaffiliation from, any International Union.
B. Any requests to modify or change this Agreement or any portion thereof,
shall be made in writing and shall be served on the other party not later than
ninety (90) calendar days prior to June 30, 2002, and in the event the Agreement
is in effect after that date, by reason of the provisions of subsection (A) hereof, not
later than ninety (90) calendar days prior to the expiration date of any subsequent
yearly period.
C. The District shall provide release time without loss of compensation from
work time for up to five employed Union Representatives to participate in collective
bargaining pursuant to the modification or termination of this Agreement. Release
time shall include one hour before the scheduled start time for those sessions
scheduled less than a full day.
Five of the above employed Union Representatives will be released without
loss of compensation to attend bargaining sessions.
Union Representative released without loss of compensation for full day
sessions shall be paid as if she had worked.
If any Union Representative is required by the schedule of full day bargaining
sessions to meet with the District on her regular day or days off, she shall be
granted an alternate day(s) off.
When a Union Representative is released from work time with pay for time
spent in bargaining, that time shall be counted as time worked for all provisions
within the Labor Agreement.ARTICLE 21
CONTINUITY OF SERVICE TO THE PUBLICARTICLE 22
ASSIGNABILITYARTICLE 23
SEPARABILITYARTICLE 24
COLLECTIVE BARGAINING DURING TERM OF AGREEMENT
This Agreement constitutes the final agreement of the parties hereto on the
subjects covered herein. The Union and the District have collectively bargained in
good faith negotiations through their authorized representatives and have arrived at
an understanding concerning wages, hours, working conditions and other terms of
employment. During the term of this Agreement, there shall be a duty upon both
parties to collectively bargain in good faith pursuant to Section 98167 of the
California State Public Utilities Code as is expressly provided for below in Section 2
of this Article.
The parties hereto have a duty to communicate and respond in a timely
manner within ten (10) working days of written request by the other party on
subjects which are not specifically covered by this Agreement, and hereby agree to
collectively bargain in good faith on Bus Operator wages, hours, working conditions
and other terms of employment, which are not specifically covered by this
Agreement during the term of this Agreement; provided, however, neither party
shall use any type of economic force in support of any proposals either of them
make on any of these subjects.
ARTICLE 25
EFFECTIVE DATE-DURATION-TERMINATION
TOC
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