District seniority shall commence upon the date of hire by the District or its former contractor. District seniority shall accumulate during service for the District or its former contractor, except for any leave, break or interruption of service exceeding twelve continuous months. After the twelve month period, District seniority shall be maintained but not accrued. An Operator who returns from any leave or combination of leaves for a period of less than thirty-one (31) calendar days and then resumes leave shall not be considered as having returned from leave for purposes of computing seniority. District seniority defines longevity with the District for the purposes of computing retirement benefits, longevity bonus, and annual leave.
7.02 Classification Seniority, Rank and Rights
Classification seniority shall accumulate during service in a classification for the
District or its former contractor, except as stated elsewhere in this Article.
A. For an employee starting paid service in her classification prior to November 2, 1980, classification seniority shall commence upon the first date of paid service in that classification with the District or its former contractor. For an employee starting paid service in her classification after November 2, 1980, classification seniority shall commence upon her date of hire by the District for that classification.
B. All questions of classification seniority for newly hired Operators shall be determined by the Union. When two or more Operators are hired on the same date, they shall draw numbers in a lottery to determine their positions on the seniority roster. The lottery shall be conducted by the Union. A District representative may be present at the drawing. The Union will inform the District of its determinations of seniority ranking. The District shall prepare a list of all Operators with their seniority ranking and submit the list to the Union once every three (3) months.
C. Classification seniority governs the choice of work assignments, days off,
overtime and selection of annual leave, general leave and fixed holidays.
7.03 Updating and Posting of Seniority Roster B. The seniority roster will be posted by the District and will be subject to
protest for a period of fourteen (14) calendar days from the date of posting. Upon
presentation of proof of error by an Operator or the Union within the fourteen (14)
day period, the error will be corrected if the error is substantiated by the Union. If
no protest is made by an Operator or the Union within the protest period, the
roster will be considered correct and will not be subject to further protest, except
for typographical errors. No change in the seniority rosters will thereafter be made,
except by agreement between the District and the Union.
C. No change in Operator seniority accrued and adjusted prior to July 1,
1994, shall be made to the roster after July 1, 1994.
7.04 Maintenance and Accrual of Classification Seniority A. An Operator shall maintain and accrue classification seniority for twenty-
four (24) months. After twenty-four (24) months from date of absence, seniority
shall be maintained but not accrued. An Operator who returns from any leave for a
period of less than thirty-one calendar days and then resumes leave shall not be
considered as having returned from leave for the purposes of computing seniority.
B. Military Leave of Absence: C. Intra-District Leave of Absence: D. Full-Time Operator Transferring to Part-Time: E. Part-Time Seniority Maintenance and Accrual: After July 1, 1982, a part-time Operator transferring to full- time shall
maintain and accrue Part-time classification seniority for twenty-four (24) months
when transferring to full-time. After twenty-four (24) months from the date of
transfer, classification seniority shall be maintained but not accrued.
8.01 Probationary Period 8.02 Work Out of Classification B. When working out of classification, the Operator shall be placed in the
lowest pay step which does not disadvantage her. Pay for work out of classification
shall be effective the first working day in the higher classification. Upon completion
of one thousand forty (1,040) regular hours worked in an "out of classification"
assignment, the Operator shall be placed on the next pay step.
C. All work out of classification assignments are temporary. Work out of
classification to fill temporarily vacant Transit Supervisor permanent positions shall
be assigned on a rotational basis among all volunteers qualified to do the work.
The Operations Department shall determine qualifications for the assignment.
No Operator may work out of classification to fill a temporarily vacant
permanent position for more than six (6) months. After serving in the temporary
assignment for 90 days, the Manager of Operations or her designee shall prepare a
written personnel evaluation. If the evaluation is unsatisfactory, the Operator shall
be removed from the temporary work-out-of-classification assignment and her name
shall be deleted from the eligibility list. Once an Operator has six (6) months in the
out of class assignment, that Operator shall be moved to the bottom of the list and
the next qualified volunteer shall be assigned.
8.03 Promotion 8.04 Examinations 9.01 Definition A. Bus Operator for bus operation, full-time.
B. Bus Operator for bus operation, part-time. It is understood and agreed that if and when any new nonadministrative or
non-management positions are established by the District, the District will meet with
the Union prior to establishing these positions or classifications.
9.02 Standard of Efficiency Established by the District 9.03 Bus Operation It is understood and agreed that only Operators covered by this Agreement
will operate District equipment consisting of buses, rail vehicles, or vans in fixed
route revenue service, except where Federal or State laws, or regulations as
published in the Federal Register or court orders specifically mandate otherwise. No
District Bus Operator shall have her employment terminated or her regular hours of
service reduced or conditions of employment adversely affected by the District as a
result of its contracting with common carriers, privatizing or competitive bidding for
Operator labor of District equipment in fixed route service or subscription service.
All revenue equipment of any type operated by the District shall be staffed by
Operators covered by this Agreement, except that mechanics or supervisory
personnel of the District may make exchanges of revenue equipment if no Extra
Board Operator is available to make the exchange. The District acknowledges that
bus exchanges are a part of an Extra Board Operator's usual work and exceptions to
this practice shall be for unusual and exceptional circumstances.
The provisions of this section shall not prohibit mechanics, vehicle service
workers, or supervisory personnel from operating revenue equipment not in
revenue service in cases of emergency or on test trips or for the purpose of
training, repairing, servicing, fueling, or washing when these trips do not involve
transferring equipment between garages, Transit Centers, or Operations Bases. In
cases of emergency, or where an Operator is not readily available at Operations
Bases, mechanics or supervisory personnel may transfer revenue equipment between
garages, Transit Centers, and Operations Bases.
In the event Federal or State laws, regulations as published in the Federal
Register or court orders mandate that the District submit for competitive bid, or for
privatizing, or common carrier contracting, fixed route service the District shall
submit a bid for any and all services which are identified by Federal or State laws,
regulations as published in the Federal Register or court orders as requiring
competitive bidding, privatizing or common carrier contracting for Operator labor of
District equipment. The District shall meet with the Union to formulate plans to
meet the requirements of a successful competitive bid. The Union and the District
shall bargain on Operator rates of pay and benefits for an Operator hired for new
service for each new bid in an attempt to meet the requirements of a successful bid.
Taxi-type service, para-transit type service and subscription service shall
specifically be excluded from the provision of this section requiring that the District
may only submit this service for competitive bid, privatizing or contracting out
when mandated by Federal or State laws, regulations as published in the Federal
Register or court orders; and therefore the District may contract these services
without the Federal or State mandate. However, if the District does wish to contract
subscription service, the District shall submit a bid for any and all services. The
District will meet with the Union to formulate plans to meet the requirements of a
successful bid. The Union and the District will bargain on Operator rates of pay and
benefits for an Operator hired for new service for each new bid in an attempt to
meet the requirements of a successful bid.
Nothing in this section shall require the District to offer to purchase or to
purchase an existing transportation system.
District taxi-type equipment or para-transit equipment operated by contractors
shall not be used in fixed route service. The use of District equipment operated by a
common carrier under contract to the District shall not result in the replacement of
fixed route service of the District with dial-a-ride or demand response service for the general public.
The term taxi service and para-transit shall apply to service to the disabled in
accordance with the provisions of the American Disabilities Act.
Subscription service is defined as transportation services on a recurring basis
provided by contract with employers for employee commute purposes.
The term common carrier contracting is defined as District participation in
providing transportation services performed by a private common carrier under contract. 10.01 Medical Insurance B. Alternate to a Medical Plan: C. An Operator may not enroll as a dependent of another District employee
(includes an employee not represented by this Union) who is covered by a District medical plan.
D. An employee who declines participation in the District's medical insurance
program and produces satisfactory evidence of other medical insurance coverage
shall be paid $300 for each full three calendar month period (paid quarterly)
beginning January 1 while in active service and in which District paid coverage
would have been provided had the District’s medical program been elected. An
employee selecting this option may enroll in the District’s medical insurance
program during the open enrollment period.
10.02 Life and Accidental Death & Dismemberment Insurance 10.03 Industrial Injury B. The Operator may apply accumulated Annual Leave and Sick Leave in
order to supplement Workers' Compensation benefits. Total compensation shall be
equivalent to eight (8) hours pay per day at the Operator's base wage rate and
prorated for a Part-Time Operator.
C. In cases where an Operator is injured as a result of a serious vehicular
accident or an assault or battery while engaged in the performance of duties and is
hospitalized, the District shall supplement Workers' Compensation payments so that
the Operator receives her regular work assignment pay for the remainder of the
bid. Should said hospitalization continue beyond the current bid, the Operator will
receive eight (8) hours pay per day, forty (40) hours per week, if full-time and 20
hours per week if part-time, at her base wage rate for the period of time that the
Operator is continuously hospitalized up to a maximum period of three (3) months.
D. An Operator may be required to visit District doctors for examination and
treatment of industrial injuries within the first thirty (30) days following report of
the injury except that an Operator who has previously filed with the District the
name of a qualified medical physician for this purpose may be examined and
treated by that physician for the period she was unable to work because of the injury.
E. An Operator who has been injured on the job and who has returned to
work and who is required to take mandatory medical examinations for her industrial
injury shall be paid time lost up to a maximum of eight (8) hours. An Operator
who has been injured on the job and who has returned to work and who is
required to take medical treatment for her industrial injury shall be paid sixty (60)
minutes at her base wage rate for each required medical appointment if completed
during non-scheduled work hours. To qualify for payment, the Operator must
submit a verification of medical visit signed by her doctor or medical practitioner on
the Operator's next working day after each and every medical appointment.
F. Further compensation for industrial injury is covered under Article 34.
10.04 Medical Arbitration If there is a difference of opinion between the two physicians, a third
physician will be selected to adjudicate the disagreement, with the majority decision
prevailing. The arbitrating physician shall be selected jointly by the District and the
Union from a list of five (5) physicians furnished by the County Medical or
Chiropractic Societies. The District and the Union shall alternately eliminate names
from the list, with the first choice to be determined by lot. The remaining name
shall be the arbitrating physician. The costs incidental to obtaining and arriving at a
decision from the third physician shall be shared equally by the District and the Union.
10.05 Dental Insurance 10.06 Vision Insurance A. Annual vision exam and the choice of: lenses and frames with a five dollar
($5) deductible; or for an Operator only, up to sixty dollars ($60) for non-
prescription sunglasses.
B. In a year in which an Operator or dependent does not obtain lenses and
frames as provided above, she may have applied up to $350 toward contact lenses,
after a fifty dollar ($50) deductible.
10.07 Retirement Insurance 10.08 Survivors' Health Benefits 10.09 State Disability Insurance 10.10 Deferred Compensation Plan 10.11 Long Term Disability Insurance 10.12 Effective Date of Benefits B. Operator dental and vision insurance benefits will be effective for full
calendar months and will become effective on the first day of the following
calendar month from the date of hire provided all enrollment documents have been
satisfactorily completed by the Operator and returned to the District and end
upon the last day of the calendar month of employment separation except as
otherwise provided in this Agreement.
10.13 Operator Benefits B. An Operator may choose to cover her principal domestic partner as a dependent
under the dental and vision portion of the benefit program. For the purposes of
this Article, principal domestic partner is defined as an unmarried equivalent
of a spouse who is either eligible to be legally married or would be eligible to
be legally married except for gender. An Operator may add a principal domestic
partner in the dental and vision insurance program twelve months following deletion
of a former principal domestic partner and must provide an affidavit of an IRS
qualified or non-qualified dependent, residence and spousal relationship. District
contributions for medical coverage of a PDP, with eligibility as stated above,
is provided in Appendix A.
10.14 Operators on Leave 10.15 Reference to Plans 10.16 Amount of Contributions 10.17 Eligibility Notification 11.01 Reduction in Forces An Operator shall be mailed the layoff notice by certified mail and at least
twenty-one (21) calendar days prior to the date of layoff. The date of notification
shall be the date of delivery on the certified letter receipt or the date the Postal
Service first attempted but failed to deliver the letter. An Operator not given at least
twenty-one (21) days notice of layoff shall be given a day's pay for each day less
than twenty-one (21) days up to a maximum of fifteen (15) days pay.
B. Procedures for reduction in forces shall include, in order of preference:
11.02 Laid Off Operator Benefits B. A laid off Operator shall be paid at the base wage rate for all of her
unused Sick Leave in excess of sixty (60) hours and all Annual Leave. This benefit
will be paid within two (2) weeks of separation. Unpaid Sick Leave hours of sixty
(60) hours or less shall be retained by the District up to three years should the
Operator be reinstated. An Operator having her name placed in the top five places
of the call back list shall have the option of having her Annual Leave retained by
the District for up to one year from the date of layoff in lieu of being paid when
laid off.
C. An Operator involuntarily laid off shall be granted up to eight hours
release time with pay at her base wage rate from work for the purpose of
transitioning to other employment which may include resume writing, methods of
job searching, interviewing, coping with stress or unemployment insurance benefits.
D. All District job announcement flyers shall be mailed to a laid off Operator
who has her name on the call back list.
11.03 Call Back For purposes of call back, an Operator shall first be called back by order of
full-time classification seniority and then by part-time classification seniority which
shall also include an Operator on the Furlough list having a current request to
return letter on file. Operators having been placed on furlough status due to the
expiration of an industrial injury leave after eighteen (18) months off work shall be
called back first after notification to the District that they have been medically
released to return to work. An Operator with full-time classification seniority will
have the right of first refusal for any vacancies in full-time or part-time
classifications. An Operator may decline to accept the first or subsequent offers of
reemployment with the District, so long as there is an Operator with less
classification seniority remaining on the call back list. Failure to accept an offer of
re-employment when least senior on the call back list shall cause the name of the
Operator to be dropped from the call back list.
Notification of the opportunity to return to active employment with the
District shall be by certified mail, return receipt requested, to the last known address.
To be eligible for reinstatement, a laid off Operator must keep the District
informed of her current address. The District's obligation to offer reinstatement shall
be fulfilled by mailing notices by certified mail, return receipt requested, to the
most recent address supplied by the laid off Operator.
A laid off Operator must notify the District of intent to return no later than
seven (7) days from the delivery date, as indicated on the certified mail receipt, of
the District's reinstatement offer. Failure on the part of the Operator to respond in
person or by certified mail, return receipt requested, within seven (7) days shall
cause the name of the Operator to be dropped from the call back list. An Operator
accepting reinstatement must report to work within fourteen (14) days after
notifying the District of intent to return.
B. The District shall provide the Union with a list of former Operators who are
on the call back list and indicate which persons have been contacted to return to
work and whether they accepted or passed back the offer of work or failed to
respond within seven (7) days.
11.04 Call Back Procedures Meeting 11.05 Furlough A. An Operator who wishes to take advantage of furlough shall give written
notice to the District and the Union not more than seventy-five (75) nor less than
twenty-two (22) calendar days before the date the desired furlough is to take effect.
The District will notify the Operator of the status of her request no later than fifteen
(15) calendar days after the application is received. If the needs of the District
dictate, the District may delay the date of release of furlough by a period not to
exceed seventy-five (75) calendar days from the date of submission of request for
the furlough. Once the furlough request is submitted to the District, the Operator
may not withdraw the request. Upon separation from the District, access to the
Operator's PERS contribution will be regulated by State Law.
B. The granting of an indefinite furlough shall not exempt an Operator from
discipline or discharge during the remaining days that the Operator works before
the furlough commences. If suspension is the indicated disciplinary action and the
amount of time prior to the beginning date of furlough is insufficient to serve the
suspension period, then the Operator shall be required to pay a penalty fee equal
to eight (8) hours of pay per suspension day that could not be served.
C. The duration of the furlough will be at least six (6)months , but may
continue for an indefinite period. The District will consider return to work requests
within the initial six (6) months if unusual circumstances exist. An Operator who
wishes to resume service must mail a letter of intent to return by certified mail to
the District's Human Resources Department. The letter will include the date on
which the Operator will first be available for reemployment and an address and
phone number where the Operator may be reached. The date an Operator provides
as first becoming available for service shall not be more than twenty-four (24)
months from the date the Operator began the furlough. An Operator failing to
present the letter of intent to the District and the Union within this twenty-four
month period shall be considered to have resigned effective the date the furlough
began. An exception to this twenty-four (24) month deadline will be made in the
case of an Operator on furlough status due to an Industrial Injury, for which the
timelimit shall be sixty (60) months.
D. An Operator having submitted a letter of intent to return shall be first
recalled to service before any new hires, subject to the needs of service of the
District. Once an Operator has given the letter of intent to return to service, the
Operator must accept the first offer of return or she will be considered to have
resigned. The District shall notify the Operator by certified mail with a copy to the Union.
If the Operator is unavailable to return to work on the date specified in the
District's notice of recall, the Operator must notify the District within five (5)
calendar days of the date the recall notice was received, whereupon the District may
arrange with the Operator a return date that is within seven (7) calendar days of the
originally specified return date. The District shall honor the letters of intent to
return in the order of the dates requested for return.
A. A seniority roster corrected to date of issue shall be given to the Union
every three (3) months, twenty-three (23) days prior to the posting of the quarterly
bid schedule as referenced in Article 30.04B. The roster shall include the Operator's
rank by classification seniority, date starting paid service, date of hire, and
accumulated days of Classification and District seniority.
Maintenance and accrual of seniority while on layoff status is governed by the
provisions of Article 11. Maintenance and accrual of seniority while on leave of
absence or combination of leaves will be as follows:
An Operator on Military Leave of Absence as defined in Article 14.06, shall
not be disadvantaged in respect to seniority.
An Operator accepting employment in other classifications not covered by this
Agreement, but within the District, shall maintain and accrue classification seniority
for a period of time limited to the probationary period in the new classification,
contingent upon payment of Union dues or service fees, in accordance with Article 3.
As of July 1, 1982, a full-time Operator transferring to part-time shall have
full-time classification seniority protected for twenty-four (24) months when
transferring to part-time provided she has accrued seniority in the full-time
classification for twelve (12) months continuous service. After twenty-four (24)
months from date of transfer, classification seniority shall be maintained but not
accrued. A full-time Operator transferring to part-time shall have part-time seniority
based on first date of continuous service in that classification.
A part-time Operator hired prior to July 1, 1982 will maintain her part-time
classification seniority. An Operator who lost full- time seniority due to transferring
to part-time status during the years 1978-1982, but who maintained continuous
service with the District as a Bus Operator, shall be allowed to bid for annual leave
based on her date of hire as a Bus Operator.
ARTICLE 8
WORK OUT OF CLASS AND PROMOTIONS
The probationary period for work in a new non-Operator classification shall
begin on the first date of service in that classification.
A. The term "work out of classification" is defined as a management
authorized assignment to a budgeted position on a temporary basis. Each of these
assignments must be made and authorized in writing by management and shall
consist of full shifts.
If an Operator is promoted to the higher classification in which the Operator
has worked out of classification, the Operator shall have all hours of work out of
classification credited to the classification to which promoted for purposes of step
advancement. The hours shall also be credited toward the probationary period in
the new class up to a limit of three months or one half of the probationary period,
whichever is less.
An Operator shall be granted time off from work for a reasonable period of
time to participate as a candidate in examinations for promotional opportunities
with the District, provided she requests the time off by 11:00 A.M. of the day prior
to the day requested.
ARTICLE 9
CLASSIFICATIONS
The classifications covered by this Agreement are:
It is understood and agreed that if and when any new positions are
established by the District that come within the Operations group unit and which
are not covered in this section, the District shall meet with the Union to collectively
bargain on wages, hours, working conditions and other terms of employment for
these positions or classifications.
In its hiring policy, the District shall have the right to establish and require
tests and standards of efficiency as it may deem necessary to satisfy itself of the
competency and physical well being of the prospective employee for the desired
position in order to fully provide for the safety of operation of its equipment,
subject to the provisions of this Agreement and the applicable Safety Regulations of
the California Highway Patrol or any other safety regulations provided by California law.
It is the business of the District to provide public transportation and the
District needs to do so in the context of the federal and state laws. Having a stable
work force is in the interest of the Union and the District.
ARTICLE 10
HEALTH AND WELFARE BENEFITS
A. An Operator/PERS retired Operator (and her eligible dependents) is eligible for
PERS medical coverage in accordance with PERS requirements with monthly premiums
paid by the District and beginning 1/1/2001 at a level not to exceed $600 per month.
An Operator who declines District medical coverage shall have an option to
select an alternate medical insurance should a PERS approved plan become available.
The District shall provide term life insurance in the amount of $25,000 and
accidental death & dismemberment insurance in the amount of $50,000 for twenty-
four (24) hour coverage. Supplemental coverages will be made available and the
cost shall be paid by the Operator. Plan coverages shall be reduced by fifty percent
(50%) upon attaining age 70.
A. Classifications within the representation unit shall be covered by Workers'
Compensation Insurance to be provided by the District.
If there is a disagreement over the physical ability of an Operator to resume
service as an Operator after a medical or industrial injury leave, the District may
require the Operator to be examined by a physician of the District's choice. If it is
the decision of both the employee's and the District's physicians that she is
physically able to return to work, a return date will be assigned within five (5) days of the decision.
An Operator and her eligible dependents shall be entitled to dental insurance coverage
with monthly premiums paid by the District.
The plan will provide for the following coverages: 100% preventive services, 85%
basic services, and 60% major services to a yearly maximum benefit amount of
$1,500. For a dependent under the age of 19, 60% orthodontics to a $3,000 lifetime
maximum after a $50 deductible.
An Operator and her dependents shall be covered by an Insurance policy with
the premiums to be paid by the District to include:
To qualify for retirement life, dental, and vision insurance benefits an
Operator must accumulate ten years District seniority, attain the age of 50 years or
more and retire under the provisions of PERS while an employee of the District.
District dental, life, and vision plan coverage shall be provided by the District until
the retired Operator reaches age sixty-five (65). District Dental and Vision coverage
shall be continued beyond age 65 only for an Operator (and her spouse) who has
both retired and reached the age of 65 prior to June 30, 1994.
Upon the death of a covered Operator who has dependents enrolled under
the medical, dental and vision plans, the dependents shall continue to receive the
same level of District paid insurance coverage for the twelve month period
immediately following provided the continuation of benefits (COBRA) forms have been completed.
The District shall provide for State Disability Insurance for each member of the
representation unit at the expense of the District.
The District shall make available a deferred compensation plan. An Operator
may choose a deferred compensation plan of her choice consistent with deferred
compensation regulations.
The District shall provide a Long Term Disability Insurance plan at no cost to
an Operator to be offset by Governmental disability plans or District disability plans.
The plan shall provide for replacement of 60% of actual monthly earnings, up to
$3,000 per month, and shall commence benefits after one hundred eighty (180)
days of disability.
A. All insurance policies shall be prepaid. Contributions toward the Operator's
share, if applicable, shall be by payroll deduction.
A. The District shall obtain policies or provides coverage which it is required
to provide in this Article which are applicable to all eligible members of the
representation unit covered by this Agreement.
An Operator on unpaid General Leave of Absence and Military Leave of
Absence is required to pay medical, life, dental, and vision insurance premiums
after she has been on leave for more than one calendar month in order to continue
District insurance benefits.
The District agrees that any changes in coverage under its employee insurance
benefit plans shall be subject to negotiations with the Union during the term of this
Agreement. The District further agrees that there shall be no decrease in scope or
coverage provided by the plans unless mutually agreed upon.
The amount of monthly Operator contributions, if required while on leave,
shall be the amounts set by the insurance carrier.
An Operator shall reimburse the District for all costs incurred by an ineligible
dependent/spouse. It is the responsibility of an Operator to notify the District's
benefits representative in the Human Resources Department upon any enrolled
dependent/spouse becoming ineligible or to timely apply to enroll an eligible
dependent/spouse.
ARTICLE 11
REDUCTION IN FORCES
A. In the event that the District anticipates a need for a reduction in forces,
the District shall notify the Union five (5) weeks in advance of the proposed layoff
so that the parties may discuss the situation of the District and develop procedures
for implementation of reduction in forces if necessary. The Union and the District
shall complete their discussions within two weeks of original notification.
A. An Operator on layoff as a result of a reduction in forces shall have her
medical, dental, and vision insurance premiums continued, at no additional cost to
the Operator, for a period of ninety (90) calendar days from date of layoff.
A. Any Operator who is laid off as a result of a reduction in forces or who
volunteers for layoff (11.01B) shall have her name placed on the call back list
provided she maintains good standing with the Union. The District shall maintain
the Call Back List, with Operators ranked by order of full-time classification seniority
and then by part-time classification seniority. The names remaining on the call back
list shall expire within three years. An Operator on the call back list shall maintain
and accrue classification seniority.
The District and the Union agree to meet and discuss call back procedures
which may include the following:
An Operator who desires to leave her position retains the opportunity to
return to employment as District personnel needs allow.
TOC
Index