ARTICLE 20
MANAGEMENT RIGHTS

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.

ARTICLE 21
CONTINUITY OF SERVICE TO THE PUBLIC

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.

ARTICLE 22
ASSIGNABILITY

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.

ARTICLE 23
SEPARABILITY

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.

ARTICLE 24
COLLECTIVE BARGAINING DURING TERM OF AGREEMENT

24.01 Final Agreement Between the Parties
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.

24.02 Duty to Collectively Bargain in Good Faith on Matters Not Covered - No Economic Action
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.

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.

ARTICLE 25
EFFECTIVE DATE-DURATION-TERMINATION

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.


prev * TOC * next
* Index *