2003-2005 LABOR AGREEMENT
 
between
 
CITY OF EVERETT, WASHINGTON
 
and
 
AMALGAMATED TRANSIT UNION
Division Number 883
 
 
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

TABLE OF CONTENTS

PAGE

 

ARTICLE 1		AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	1
ARTICLE 2		NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . .	2
ARTICLE 3		LEGALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	3
ARTICLE 4		EXCLUSIVE BARGAINING REPRESENTATIVE . . .	4
ARTICLE 5		DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	5
ARTICLE 6		GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . .	6
ARTICLE 7		MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . .	7
ARTICLE 8		HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	8
ARTICLE 9		VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	10
ARTICLE 10		INSURANCE BENEFITS . . . . . . . . . . . . . . . . . . . . . .	13
ARTICLE 11		SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	15
ARTICLE 12		FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . .	18
ARTICLE 13		HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . .	19
ARTICLE 14		WORKING CONDITIONS . . . . . . . . . . . . . . . . . . . . .	20
ARTICLE 15		WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	23
ARTICLE 16		SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	28
ARTICLE 17		UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	29
ARTICLE 18		GRIEVANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	30
ARTICLE 19		NEGOTIATIONS NOTIFICATION . . . . . . . . . . . . . . .	32
ARTICLE 20		UNION OFFICIALS TIME OFF . . . . . . . . . . . . . . . . .	33
ARTICLE 21		ELECTION OF REMEDIES . . . . . . . . . . . . . . . . . . . .	34
ARTICLE 22		NO STRIKE CLAUSE . . . . . . . . . . . . . . . . . . . . . . . .	35
ARTICLE 23		EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . .	36
APPENDIX A		EARNING HOURS . . . . . . . . . . . . . . . . . . . . . . . . . .	36

ARTICLE 1 - AGREEMENT
This Agreement is entered into by the City of Everett, Washington, hereinafter referred to as the "City", and Amalgamated Transit Union, Division No. 883, hereinafter referred to as the "Union".
The purpose of this Agreement is to provide a working understanding between the City of Everett and its employees who are members of the Amalgamated Transit Union bargaining unit, through their duly accredited representatives, affecting wages, hours and working conditions, and to establish a means of settling any and all grievances, disputes and controversies arising between the City of Everett and Amalgamated Transit Union Division No. 883 members, and pursuant to said purpose the parties hereto agree as follows:
Back to the Index
ARTICLE 2 - NON-DISCRIMINATION
 
The City agrees not to discriminate against any person or employee for his/her activity in behalf of or membership in the Union. The Union and the City agree not to engage in unlawful discrimination against any person or employee because of race, color, sex, creed, national origin, age, marital status, or the presence of a physical or mental disability, unless it is a bona fide occupational qualification.
The City and the Union, recognizing the need for affirmative action, do mutually agree to be supportive to the City's Affirmative Action Plan in striving to provide opportunities for meaningful employment of those persons or groups who have been victims of discrimination. The City's Affirmative Action Plan shall not change the existing bargaining Agreement or seniority rights of those employees covered by this Agreement.

Back to the Index ARTICLE 3 - LEGALITY
 
It is specifically understood and agreed that all provisions herein are subject to existing laws, and should any provision of the Agreement be found to be in violation of any federal, state or local law, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
Back to the Index
ARTICLE 4 - EXCLUSIVE BARGAINING REPRESENTATIVE

The City agrees to recognize the Union as the exclusive collective bargaining representative for all employees whose classifications are listed below or are added during the contractual years:
 

	4500	Bus Maintenance			02-014
	4510	Bus Operator			02-010 & 02-110
	4520	Bus Operator Trainee			02-011
	4530	Paratransit Operator			02-013 & 02-113
	4540	Paratransit Operator Trainee			02-009
	4550	Transit Inspector			02-012

Back to the Index
ARTICLE 5 - DEFINITIONS

For purposes of the Agreement, the following phrases are hereby defined:

Bargaining Unit - The bargaining unit shall include all employees listed in Article 4.
 
Platform Time - The actual time the bus operator has charge of the bus; normally this would be from the time he/she leaves the designated reporting location with the bus until he/she is relieved by another bus operator and returns to the designated reporting location or until he/she returns the bus to the designated reporting location.
 
Designated Reporting Location - The physical location where an employee reports and signs on and off for work within the City limits. An employee's sign off location will be the same as his/her sign on location.
 
Regular Run - A run where the platform time exceeds seven (7) hours and one (1) minute.
 
Straight Run - A regular run where the platform time is unbroken.
 
Mark-up - Bidding by the bus operators for runs and days off according to their working seniority.
 
Division - Everett Transit Division, a division of the Everett Transportation Services Department.
 
Spread Time - The time in excess of eleven (11) hours required to complete a regular run.
 
Permanent Part-Time - Employees classified as paratransit extra board operator, who because a full-time position is not warranted, work less than full-time.
 
A-Board Operator - Extra Board Operators who are guaranteed seventy (70) hours per pay period. A-Board Operators receive all benefits included in this Agreement unless otherwise provided in the Agreement.
 
B-Board Operator - Extra Board Operators who are guaranteed fifty (50) hours per pay period. B-Board Operators receive all insurance benefits. Other benefits, including sick, vacation, holiday, and funeral leave shall be calculated on a pro-rated basis unless otherwise provided in the Agreement.
Back to the Index
ARTICLE 6 - GENERAL PROVISIONS

Section 1:
All present members of the Union, except as provided by the rules and regulations of the Union, shall remain members of the Union during the term of this Agreement. Any new employee hired in a classification set forth in Article 4, who begins his/her employment with the City after the effective date of this Agreement, shall become a member of the Union within thirty-one (31) days of hire. Any employee who joins the Union voluntarily during the term of this Agreement shall remain as a member during the term of this Agreement.

Section 2:
Upon receipt of a written and signed form from the employee authorizing payroll deduction, the City will deduct Union dues, assessments and COPE contributions from the employee's wages each month in the manner prescribed by law. The amount so deducted shall be mailed each month to the Union.

Section 3:

1. Three Union-Management meetings will be held annually to discuss various items of interest to both parties.
   
   
2. The City, at its option, may schedule up to three (3) employee meetings per year at which employee attendance is mandatory.
   
   The City will provide thirty (30) days notice of employee meetings. Employee meetings are intended to include all employees with the exception of those employees on scheduled vacation, sick or workers compensation leave; provided that, the City may at its convenience schedule mandatory make-up meetings for those individuals who are excused. Make-up meetings will not count against the three (3) meetings allowed to the City.
   
   Employees will be paid a minimum of two (2) hours pay at the applicable rate.
   

Section 4:
The City will hold a meeting of the Union bargaining unit and drivers will be informed two (2) weeks in advance of any major changes in the Transit system. If mileage is added to a bus operator's run but not time, the Union will be consulted.

Section 5:
It is understood and agreed that the following Articles/Sections of this Agreement shall not apply to those members employed in the classification of paratransit operator:
14(4); 15(1); 15(2); 15(11); 15(13); 15(14); 15(16)Back to the Index

ARTICLE 7 - MANAGEMENT RIGHTS

Section 1:
Any and all rights concerned with the management and operation of the City of Everett are exclusively those of the City unless otherwise provided by the terms of this Agreement. The City has the authority to adopt rules for the operation of the City and the conduct of its employees, provided such rules are not in conflict with the provisions of the Agreement or with the applicable law.

Section 2:
The City has the right to (among other actions) discipline, temporarily layoff or discharge employees; to assign work and determine duties of employees; to schedule hours of work; to determine the number of personnel to be assigned duty at any time; and to perform all other functions not otherwise expressly limited by this Agreement.
Back to the Index

ARTICLE 8 - HOLIDAYS

Section 1:

	Date Observed
HOLIDAY	2003	2004	2005
New Year's Day	January 1	January 1	January 1
Martin Luther King, Jr. Day	January 20	January 19	January 17
President's Day	February 17	February 16	February 21
Memorial Day	May 26	May 31	May 30
Independence Day	July 4	July 4	July 4
Labor Day	September 1	September 6	September 5
Veteran's Day	November 11	November 11	November 11
Thanksgiving Day	November 27	November 25	November 24
Day After Thanksgiving	November 28	November 26	November 25
Christmas Day	December 25	December 25	December 25

One Floating Holiday

At employee's choice with concurrence of the City

Section 2:
Holiday pay shall be eight (8) hours regular pay for all employees (except B-Board Operators) unless there is an election under Section 3 or Section 4 of this Article. The intent of this provision is to ensure that employees receive not more than eighty-eight (88) hours of holiday pay per year. Those employees who work a 4/10 shift and the holiday falls on their regular work day have the option of filling the remaining two (2) hours of their holiday by taking vacation time or leave without pay.

1. Holiday pay for B-Board Operators shall be pro-rated (not to exceed 8 hours per holiday) based upon the number of regular hours worked not to exceed 80 hours during the preceding pay period in which the holiday falls.
   
   For purposes of this section, regular hours for B-Board Operators include vacation, sick, holiday and funeral leave, and all actual hours of work not to exceed 80 hours.
   

Section 3:
The employee may elect to receive eight (8) hours credited to his/her vacation accrual in place of holiday pay, upon written request prior to each holiday.

Section 4:
Any employee who shall work any day designated as a holiday under Section 1 hereof shall be paid at one-and-one-half times the employee's hourly rate of pay.
 
Section 5:
Employees who work on Christmas Eve or New Year's Eve will get one-half time premium in addition to their other rate of pay for any service operated after 6:20 p.m. on these days.
 
Section 6:
All employees who are on suspension or on unpaid leave shall not receive holiday pay or vacation accrual as set forth in Sections 3 or 4 herein.
 
Section 7:
Any employee working on a holiday may elect to receive overtime hours credited to his/her vacation accrual in place of the time-and-one-half normally paid for work performed, upon written request prior to each holiday.
Back to the Index
 
ARTICLE 9 - VACATION

Section 1:
All members of this bargaining unit except B-Board Operators shall accrue vacation credit for each month of continuous service as shown on the table below:
 

			VACATION CREDIT ACCRUED
CONTINUOUS SERVICE FROM			NUMBER OF HOURS WORKED
EMPLOYEE ANNIVERSARY DATE			Per Month	Per Year

1st Year					8 hrs				96 hrs
2nd Year					8.67 hrs				104 hrs
3rd and 4th Years					9.33 hrs				112 hrs
5th Year					10 hrs				120 hrs
6th and 7th Years					10.67 hrs				128 hrs
8th and 9th Years					11.33 hrs				136 hrs
10th through 14th Years					12 hrs				144 hrs
15th through 19th Years					14.67 hrs				176 hrs
20th Year and beyond					16 hrs				192 hrs

 
B-Board Operators shall receive vacation hours on a pro-rated basis based on regular hours worked not to exceed 80 hours each pay period.
 
For purposes of this section, regular hours for B-Board Operators include vacation, sick, holiday and funeral leave, and all actual hours of work not to exceed 80 hours.
 
Section 2:
"Continuous Service" shall be determined from the employee's adjusted employment date.
 
Section 3:
No vacation accrual will be allowed in excess of two full year's earned vacation accrual.
 
Effective January 1, 1987, no employee shall have vacation credit accrual in excess of 240 hours at the time of his/her retirement/separation. Any employee terminating employment or retiring on or after January 1, 1987 must use any vacation accrual in excess of 240 hours prior to termination/retirement or it will be lost to the employee.
 
Section 4:
Vacation slots shall be scheduled by the Director of Transportation Services at times when they will constitute minimum conflict with work schedules.
 
Section 5:
Probationary employees are not entitled to take vacation leave. A probationary employee will accrue vacation at the rate described in Section 1 which shall be credited to him/her when he/she becomes a regular employee.
 
Section 6:
Employees will be granted pay in lieu of vacation at such time as they are separated from the City employment, unless such separation occurs during the entrance probationary period or unless the employee quits without giving at least two weeks written notice.
 
Section 7:
If a holiday specified in Article 8 of this Agreement falls within the employee's actual vacation, the employee may add one extra day to his/her vacation time with such day to be scheduled by mutual agreement between the employee and the Director of Transportation Services. No charge against vacation accrual will be made for a vacation day which falls on a holiday specified in Article 8 of this Agreement.
 
Section 8:
Choice of vacation time shall be by working seniority.
 
Section 9:
Up to four (4) bus operators shall be allowed off for vacation at any one time, except in emergencies, with provisions for increasing the number to five (5) as scheduling permits. Such scheduling shall be within the sole discretion of the Director of Transportation Services. Union Officials Time Off, Article 20 of this Agreement, shall count against this. The one (1) to ten (10) ratio shall be used in establishing these vacation slots. This ratio excludes probationary bus operators.
 
Section 10:
Vacation accrual cannot be used in place of sick leave unless sick leave has been exhausted and the employee receives Director of Transportation Services approval.
 
Section 11:
Vacation pay shall be paid the same as run pay for regular operators. Extra board drivers shall receive eight (8) hours pay per day of vacation. Other employees shall receive vacation pay according to their regular assigned shifts.
 
Section 12:
Employees laid off for reasons not discreditable to them and rehired within twelve months and employees granted leave of absence without pay shall not accrue vacation during this period.
 
Section 13:
Vacation shall be taken as follows:

1. Four (4) hours minimum for inspectors, maintenance personnel, extra board and straight run operators.
    
   
2. The entire a.m. or p.m. work piece for split-shift operators.
   

Section 14:
Except when an employee has signed for a vacation day on his/her day off (due to a new markup), employees may not remove their name from the vacation roster during the seven (7) day period prior to the vacation date without written notice to and express approval of the Director of Transportation Services or designee.
Back to the Index  
ARTICLE 10 - INSURANCE BENEFITS
 
Section 1:
The City shall provide 100% of the premium cost toward the purchase of the City's self-insured medical insurance program for employees and their legal dependents for calendar year 2003.
 
Effective 2004, the City shall pay the 2003 City's self-insured medical insurance program base rate. Any premium increase shall be split 50/50 between the City and the employee.
If the employee chooses a carrier other than the City's self-insured medical insurance program, the employee shall pay the premium difference.
 
Section 2:
The City shall provide $1,000 life insurance per $1,000 of an employee's annual salary rounded to the next highest thousand for the duration of this Agreement.
 
Section 3:
The City shall provide the employee accidental death and dismemberment coverage in an amount equal to that specified in Section 2 hereinabove.
 
Section 4:
Any employee who wishes to have the group medical coverage and/or the optional insurance must sign an authorization card to be kept on file with his/her payroll records. If he/she does not wish to participate, the employee must sign a waiver card for his/her file.
 
Section 5:
The City shall continue such medical plan payments for a period of up to a maximum of six (6) months limited to one (1) month's coverage for each full year of service for any employee of the bargaining unit who is on leave of absence without pay.
 
Section 6:
The City shall provide to all employees affected by this Agreement and their dependents, who request it, a dental coverage program through Washington Dental Service that provides 100% of premium cost of basic dental for the duration of this agreement.
 
Section 7:
The City shall provide to all employees who are covered by this Agreement and their legal dependents, 100% premium for a chiropractic plan and vision care plan which is acceptable to the City for the duration of this agreement.
 
Section 8:
The City shall provide felonious assault insurance of which the coverage limits shall not exceed $100,000 for transit employees who are covered by this Agreement, subject to the carrier's acceptance.
Back to the Index  
ARTICLE 11 - SICK LEAVE
 
Sick leave accrual is a form of disability insurance that is intended to assist in the prevention of financial loss during illness or incapacity.
 
Section 1:
Sick leave shall accrue to each employee, except B-Board Operators, at the rate of eight (8) hours of leave for each calendar month of the employee's active service. The total accumulation of sick leave shall not exceed 960 hours at full pay.
 
B-Board Operators shall receive sick leave accrual on a pro-rated basis based on the number of regular hours worked not to exceed 80 hours each pay period. For purposes of this section, regular hours for B-Board Operators include vacation, sick, holiday and funeral leave, and all actual hours of work not to exceed 80 hours.
 
Section 2:
Employees who, for any purpose, are granted leave of absence with pay shall continue to accrue sick leave during such leave of absence. Employees heretofore or hereafter laid off for reasons not discreditable to them and rehired within twelve (12) months, and employees granted leave of absence, upon resumption of active employment shall have available the sick leave accrued at the time of such layoff or leave of absence.
 
Section 3:
After the probation period of six (6) months, an employee shall be eligible to use accumulated sick leave with pay as herein provided for the following reasons only:
 
Personal illness or incapacity to such an extent as thereby to be rendered unable to perform the duties of his/her position, provided such illness or incapacity shall not be caused or brought on by dissipation or abuse of which the Director of Transportation Services shall be judge, subject to the review of the Mayor or his/her designee.
 
Section 4:
Sick leave with pay for a period of three (3) days or less shall be granted after the Director of Transportation Services has satisfied him/herself that such sick leave is for reasons set forth in Section 3 herein. Sick leave with pay for a period of four (4) days or more shall be granted only upon the presentation of a written statement by the employee's personal physician and/or a physician representing the City, certifying that the employee is under a doctor's care.
 
Section 5:
In using accumulated sick leave, only those days on which the employee would be required to report for work shall be considered. Regular days off, holidays, and all other days on which the employee would not be required to report for work shall be disregarded.
 
Section 6:
It is understood and agreed that sick leave is to be used only in circumstances where an employee is scheduled to work and is unable to do so because of personal illness or incapacity. Therefore, if an employee becomes ill or incapacitated after his/her vacation has commenced, vacation time will continue to be deducted. However, if an employee notifies the Director of Transportation Services or his/her designee prior to the commencement of the employee's vacation that said employee is ill or incapacitated, sick leave may be used for any days which the employee would have been scheduled for vacation. In such cases, the vacation will be cancelled and rescheduled, if possible, at a time mutually agreeable to the employee and the Director of Transportation Services.
 
Section 7:
An employee's ability to work regularly and as scheduled is a requirement for continued employment. The City has the right to take corrective action to deal with abuse of sick leave or situations where the employee has frequent or regular absences which hinder the performance of the employee's job duties or the efficiency of the division. Such corrective action may include medical consultations, physician's statements, progressive disciplinary action, including suspension or dismissal.
 
Fraudulent use of sick leave may lead to immediate suspension or dismissal.
 
Section 8:
It is understood and agreed that for the period in which an employee is receiving benefits pursuant to the State Industrial Act, he/she shall not be entitled to accrual of sick leave and/or vacation time as set forth in Articles 9 and 11 of this Agreement. Provided, however, this section shall not prevent an employee from using sick leave or vacation benefits which have previously been earned to supplement the payment of industrial insurance benefits. For those hours of sick leave and/or vacation used to supplement industrial insurance benefits, the employee shall be entitled to accrue additional sick leave and/or vacation hours on a pro-rated basis.
 
Section 9:
If an extra board employee is sick during a pay period, he/she may use up to eight (8) hours of sick leave for each day he/she was sick and on which he/she was scheduled to work, up to 80 hours total pay.
 
Section 10:
Any employee who is sick and whose sick leave accrual has been exhausted must make a written request for leave of absence. Provided, however, upon an employee's request and approval of the Director of Transportation Services, vacation accrual may be used to supplement exhausted sick leave. In such cases vacation accrual shall be reduced accordingly.
 
Section 11:
Subject to the Civil Service rules where applicable, the Director of Transportation Services may suspend or dismiss any employee from City employment who fraudulently uses sick leave.
Back to the Index  
 
ARTICLE 12 - FUNERAL LEAVE
 
When death occurs among members of any employee's immediate family, the employee, upon request to the Director of Transportation Services, will be granted reasonable and necessary time off to make arrangements as needed and to attend the funeral and will be compensated at his/her normal salary for the hours lost from his/her regular schedule before or after the funeral with a maximum of four (4) days allowance if working. This time off shall not be deducted from accumulated sick leave or vacation.
 
Members of an employee's immediate family shall be defined as "spouse, mother, father, grandparents, grandchildren, brother, sister, son, daughter, stepchildren, mother-in-law and father-in-law".
 
New hire probationary employees shall complete the applicable probationary period before they shall be entitled to funeral leave with pay.
 
B-Board Operators shall receive funeral leave on a pro-rated basis based on regular hours worked not to exceed 80 in the preceding pay period. For purposes of this section, regular hours for B-Board Operators include vacation, sick, holiday and funeral leave, and all actual hours of work not to exceed 80 hours.
Back to the Index  
ARTICLE 13 - HOURS OF WORK
 
Section 1:
All bus operators agree to work a five (5) day week with two (2) off in seven (7). For employees other than bus operators, they may elect to be scheduled ten (10) consecutive hours per day, four (4) days per week or eight (8) consecutive hours per day five (5) days per week, subject to the Director of Transportation Services' approval. Any additional time in excess of the eight (8) consecutive hours per day or ten (10) consecutive hours per day as referenced in this Section is to be paid at time-and-one-half.
 
All paratransit operators agree to work a five (5) day week with two (2) days off in seven (7). The City will endeavor to schedule all full-time paratransit operators for eight (8) straight hour shifts, except in emergency situations.
 
Bus maintenance persons will be paid during their one-half hour lunch break for swing and graveyard shifts as long as the ten (10) hour shift is acceptable to the City management.
 
Section 2:
No regular run shall be scheduled thirteen (13) hours beyond the starting time.
 
Section 3:

1. Paratransit operators shall receive holidays, vacation and sick leave on a pro-rated basis; and, with the exception of the stand-by paratransit operator, paratransit operators shall be entitled to full insurance benefits under Article 10.
    
   
2. One (1) paratransit operator may work on a stand-by basis and to cover known peakloads. The paratransit operator doing such stand-by work may work up to forty (40) hours per week, but in no case shall the individual work in excess of eighty-nine (89) hours per month. The paratransit operator working on a stand-by basis may have months with no scheduled work hours. The paratransit operator who works on a stand-by basis shall receive pro-rated sick leave vacation and holiday benefits during the actual time worked. (Reference: Article 15, Section 3.)
    
   Paratransit operators employed as of January 1, 1991, will not be required to work in the stand-by paratransit operator position unless the operator voluntarily requests the assignment.
   

Back to the Index  
ARTICLE 14 - WORKING CONDITIONS
 
Section 1:
All bus operators/paratransit operators will be allowed ten (10) minutes to prepare and check the necessary equipment on the bus and drive the vehicles from the property; bus operators, who work lift runs, shall receive an additional five (5) minutes report time to check out lift equipped coaches when leaving the designated reporting location. All bus and paratransit operators will receive 30 minutes for filling out accident reports, when necessary, all at straight time. During the winter months when there are icy conditions, buses will be started and de-iced prior to the bus operator boarding.
 
Section 2:
The percentage of weekday straight runs shall not drop below forty percent (40%) of the total number of weekday runs. Effective January 1, 1997, the percentage of weekday straight runs shall not drop below 35% of the total number of weekday runs. If, in the course of the operation of the Transit System it becomes necessary to revise the operation schedule to the extent that this Section may be affected, the Union agrees that this Section may be reopened for immediate negotiations.
 
Section 3:
A mark-up for all operators will take place four (4) times per year, once in each of the following months: February, May, August, November.
 
The City may elect, at its option, to schedule additional mark-ups per year. The City agrees to consult with the Union in scheduling any new work assignments and to listen to their concerns and recommendations prior to posting each new mark-up.
 
The City agrees to consult with the Union in scheduling work assignments and to listen to their concerns and recommendations prior to posting each new mark-up. Prior to the posting of each new mark-up, the City will provide a draft mark-up to the Union President who may submit comments in writing to Management, who will make an effort to address those concerns received. Provided, the City retains the exclusive right to determine work assignments and scheduling as provided in Article 7 herein.
 
The effective date will be stated on the mark-up when it is posted. In the event that the department alters any regular run, a mark-up shall take place if requested by the Union.
 
Section 4:
Normally, no persons other than those hired as bus operators shall operate buses carrying passengers. Every effort will be made by the City to utilize bus operators at all times; however, the City may in an emergency utilize other employees to operate buses until such time as a bus operator is available. Paratransit van(s) used to do normal transit work covered by this Agreement shall be operated by bus operators covered under Article 4 except in an emergency as defined above.
 
Section 5:
Exact fare will remain in effect during the term of this contract.
 
Section 6:
All employees covered by Article 4 who are in uniform shall receive free transportation on all City buses.
 
Section 7:
All pay for scheduled runs shall begin and end at the designated report location. Bus operators shall be furnished transportation from the designated report location to the relief point or from the relief point to the designated report location. This transportation shall be by bus, City vehicle or other transportation furnished by the City.
 
All scheduled runs shall have travel time included.
 
The Union will receive two “mark up” periods of advance notice before any change or additional report locations are designated.
 
Section 8:
An operator scheduled to work a combination of work assignments that exceed ten (10) consecutive hours may request, prior to beginning the shift or upon notification of the extra work, a thirty (30) minute break. This break shall occur during the last four (4) hours of the shift. This section does not apply to scheduled runs.
 
Section 9:
Extra board bus and paratransit operators shall be guaranteed nine (9) hours off between work days.
 
Extra board bus and paratransit operators will not be required to work more than twelve (12) hours per day or work more than a fourteen (14) hour spread per day unless agreed to by the employee.
 
Section 10:
For bus operators the City will endeavor to post the daily work schedule no later than 11:00 a.m. on the day prior to the schedule becoming effective. For paratransit operators the City will endeavor to post their work schedule no later than 4:00 p.m. on the day prior to the schedule becoming effective.
 
Section 11:
All operators shall be allowed to bid on their respective extra board during the regular mark-up time.
 
Section 12:
Any bus operator or paratransit operator called to work on any of his/her days off, including vacation, may refuse to work on such a day off without reprisal.
 
Section 13:
If a verifiable emergency exists affecting an employee, or family, such as a medical emergency or household emergency which requires the immediate attention of the employee, the City will make every effort to release the employee as quickly as possible from work, without pay, to attend to the emergency.
 
Section 14:
Bus operator schedules shall include reasonable layover and recovery time for restroom use.
 
Section 15:
Employees may be scheduled to work additional hours for training purposes. This requirement shall not exceed four (4) training sessions per calendar year, and the training sessions shall not exceed four (4) hours each. The training shall take place on the employee's regular work day and shall not result in the employee working over twelve (12) hours per day.
Back to the Index  
 
 
ARTICLE 15 - WAGES
 
Section 1:
Bus operators working from the extra board will be paid for their platform time except when filling a regular run where they will be paid in accordance with Article 15, Section 11 and Section 12. When performing piece work, from the extra board, the operator will receive overtime pay for work performed after the start of the 11th hour of their work assignment excluding hours worked while on report.
 
Section 2:
No regular bus operator shall be allowed to do extra work as long as extra drivers are available. The City shall at all times endeavor to maintain an adequate extra board. Extra board operators will receive two (2) days off in each seven (7) days.
 

1. A-Board
   A-Board operators will be paid at least 70 hours in each 14 day pay period.
    
   
2. B-Board
   Effective January 1, 1999 the City may hire up to six (6) operators who will be paid at least fifty (50) hours in each 14 day pay period.

Operators employed as of December 31, 1998 will remain as A-Board Operators unless they sign up for the B-Board.
 
Section 3:
With the exception of one (1) paratransit operator position, paratransit operators will be paid at least sixty (60) hours in each fourteen (14) day period with two (2) days off in each seven (7) days.
 
Paratransit operators who work on their scheduled day off shall receive one and one-half (1-1/2) times their regular wage. Hours worked on the scheduled day off shall count toward the sixty (60) hour guarantee.
 
Section 4:
No bus operator or paratransit operator called in to work shall receive less than two (2) hours pay at straight time.
 
Section 5:
WAGES FOR CALENDAR YEAR 2003
 

1. Bus Maintenance, Range 02-014
   

   Pay Step	1	2	3	4	5
   Length of time	0-6 Mos.	7-12 Mos.	13-24 Mos.	25-36 Mos.	37+ Mos.
   Hourly rate	15.27	15.87	16.00	16.79	18.32

    
   
2. Operators hired prior to January 1, 1999:
   

   Position	Range
   Bus Operator	02-010	$21.80
   Paratransit Operator	02-013	$21.80

    
   
3. Operators hired after January 1, 1999:
    
   Bus Operator, Range 02-110
   

   Pay Step	1	2	3	4	5	6	7
   Length of Time**	After New Hire Training	After 1000 Hours in Step 1	After 1000 Hours in Step 2	After 2000 Hours in Step 3	After 2000 Hours in Step 4	After 2000 Hours in Step 5	After 2000 Hours in Step 6
   Hourly Rate	$ 14.68	$ 15.86	$ 17.04	$ 18.22	$ 19.41	$ 20.60	$ 21.80

The position of Bus Operator Trainee has a maximum of thirty (30) days training and shall be paid at $11.33 per hour.

 

Paratransit Operator, Range 02-113

Pay Step	1	2	3	4	5
Length of Time**	After New Hire Training	After 1000 Hours in Step 1	After 1000 Hours in Step 2	After 2000 Hours in Step 3	After 2000 Hours in Step 4
Hourly Rate	$ 10.29	$ 11.52	$ 13.95	$ 16.40	$ 18.84

Paratransit Operator Trainee shall be paid at $9.09 per hour until completion of training which will not exceed forty-five (45) working days.
 
** Includes only hours actually worked (see Appendix A for pay codes that are included in actual hours worked). Note: New Hire Training is not included. Each step advancement shall be effective at the beginning of the next pay period after reaching the required hours.
 
 
THE WAGE FORMULA FOR CALENDAR YEAR 2004 SHALL BE AS FOLLOWS:
 
Effective January 1, 2004, the 2003 salary schedule shall be increased by 90% of the percentage change in the Consumer Price Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma area for the June 2002 to June 2003 index.
 
The resulting percentage increase shall be rounded to the nearest tenth of a percent.
 
THE WAGE FORMULA FOR CALENDAR YEAR 2005 SHALL BE AS FOLLOWS:
 
Effective January 1, 2005, the 2004 salary schedule shall be increased by 90% of the percentage change in the Consumer Price Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma area for the June 2003 to June 2004 index.
 
The resulting percentage increase shall be rounded to the nearest tenth of a percent.
 
* * *
 
The position of Transit Inspector shall be paid fifteen percent (15%) higher per hour than the top step bus operator.
 
The City agrees that this settlement does not assure it the right to negotiate from the average wage concept.
 
A longevity schedule based on years of service for all employees listed in Article 4 shall be provided as follows:
 
After completion of 4 years, $.201 per hour
After completion of 8 years, $.345 per hour
After completion of 12 years, $.489 per hour
After completion of 16 years, $.632 per hour
After completion of 20 years, $.776 per hour
After completion of 24 years, $.920 per hour
 
Longevity shall be calculated based on the employee's adjusted employment date.
 
Section 6:
Bus maintenance persons shall receive an additional five percent (5%) per hour for hours worked between 9:00 p.m. and 7:00 a.m.
 
Section 7:
Bus operators/paratransit operators who are requested by their supervisors to act as bus operator/paratransit operator trainers shall be paid $1.50 per hour premium pay in addition to their regular hourly rate for the actual hour(s) the bus operator/paratransit operator trainer spends in the trainer capacity.
 
Section 8:
Any bus or paratransit operator with less than ninety (90) minutes between assignments shall be paid straight through at regular pay and he/she can be worked as a bus operator during the ninety (90) minutes or less between assignments.
 
Section 9:
Employees who serve on jury duty shall receive the difference in pay between jury duty pay and their regular City wage.
 
Section 10:
Transit employees who are elected by the Union and attend Safety Improvement Committee meetings and the Accident Review Committee meetings shall be compensated at the employee's regular straight time rate of pay, or overtime rate of pay, depending on that employee's pay status.
 
Section 11:
Employees shall receive a guaranteed eight (8) hours pay for all regular runs.
 
Section 12:
When a bus operator's total work time exceeds eight (8) hours in any one (1) working day, time-and-one-half will be paid for all time worked in excess of eight (8) hours.
 
Section 13:
All members of the bargaining unit working regular runs which are not completed in consecutive hours shall receive additional pay for that time beyond eleven (11) hours that it is necessary to complete the run. This additional pay shall be at the rate of time-and-one-half the basic pay.
 
Split runs without spread time shall receive at least one (1) hour at time and one half.
 
Section 14:
All split runs in excess of eleven (11) hours spread shall be guaranteed a minimum of seven (7) hours and thirty (30) minutes regular pay within the eleven (11) hour spread. When the seven (7) hour and thirty (30) minute minimum guarantee applies, the overtime rate of pay shall be paid in addition to the guarantee.
 
Section 15:
Whenever more than one provision of this Agreement provides for payment at the rate of time-and-one-half, only the provision with the greatest amount of pay at the rate of time-and-one-half shall be applied. This rate shall be paid in addition to regular pay guarantees.
 
Section 16:
The language in the aforementioned sections is to serve two major purposes. The first purpose is to insure that when one provision of the Agreement which provides for the payment at the rate of time-and-one-half applies, only the provision which provides for the greatest amount of pay at the rate of time-and-one-half would be applied in calculating pay.
 
The second purpose is to insure when a guarantee applies such as seven (7) hours and thirty (30) minutes, that guarantee shall apply in addition to the time-and-one-half overtime rate.
 
Example:
 

	1.	6:03 am - 11:55 am	7:00 R	Split without
		2:30 pm - 4:55 pm	1:17 OT	spread time

 

	2.	10:30 am - 12:55 pm	7:00 R	Split without
		2:00 pm - 7:15 pm	1:00 OT	spread time

 

	3.	5:57 am - 9:25 am	7:30 R	Split with
		2:00 pm - 6:25 pm	1:28 OT	spread time

 

	4.	7:00 am - 9:55 am	7:30 R	Split with
		1:25 pm - 8:00 pm	2:00 OT	spread time

 

	5.	7:00 am - 10:00 am	8:00 R	Split with
		12:00 pm - 6:40 pm	1:40 OT	spread time

 
Back to the Index  
ARTICLE 16 - SENIORITY
 
 
Section 1:
Working seniority will be determined from the date of hire as an employee covered under Article 4 for the City provided such service is continuous.
 
Working seniority applies only to days off, run selection, vacations, holidays and overtime.
 
Section 2:
Seniority shall be recognized in the same classification of work and those having greater seniority shall be given preference as to work in the same position but shall not be in conflict with the rules of Civil Service as it applies to promotions. If there is a layoff in the operator series, prior paratransit operator time will be included in that individual's class of bus operator time for purposes of determining layoff seniority.
 
Section 3:
Seniority shall terminate by discharge from service or by voluntarily leaving the service of the Transit Division.
 
Section 4:
When and if it becomes necessary to lay-off any employee, the last person hired in each classification shall be the first laid off and the last person laid off shall be the first person hired when rehiring.
 
Section 5:
Employees under a medical leave of absence will not lose their seniority rights for one (1) year after their accrued sick leave is exhausted. During this period, the City has the right to require physician reports every 90 days, and to send the individual to a City-appointed physician. (See Article 11, Section 10.)
Back to the Index  
ARTICLE 17 - UNIFORMS
 
Section 1:
The City will furnish the first set of properly fitted uniforms which all employees agree to wear. No visible garment which is not part of the uniform shall be worn by an employee without express consent of management.
 
Section 2:
Effective January 1, 1999, new hires shall receive the following minimum issue of uniforms:
 

	Operators/Inspectors				Maintenance
	1 summer coat				1 summer coat
	1 windbreaker				1 winter coat
	1 winter coat				3 coveralls
	9 shirts/blouses
	5 slacks

Options on garments, such as style, material, etc., may only be changed when replacing an unserviceable garment and with the consent of management. The cost to change uniform garments as a result of size change shall be paid by the employee.
 
Section 3:
Effective July 1, 1995, a maintenance allowance of two hundred dollars ($200) per year will be paid each employee for cleaning and replacement of non-serviceable items. Uniform items will be replaced by the employee when items are no longer serviceable. The allowance shall be paid bi-weekly.
 
Section 4:
Type and color of uniforms will be determined by the City with merit given for the majority vote by the Union membership.
 
Section 5:
Employees may wear the authorized standard Union emblem bearing the logo of Amalgamated Transit Union on their uniform lapel.
 
Back to the Index ARTICLE 18 - GRIEVANCES
 
Grievance is defined as a cause (arising out of an alleged misinterpretation or misapplication of the terms of this Agreement) felt to afford reason for complaint. All grievances and responses from the grievance procedure shall be put in writing. The written grievance shall include, but is not limited to the following: the name of the grievant, the Article(s) and Section(s) misinterpreted or misapplied, the facts stating how the aforementioned were misinterpreted or misapplied, and the remedy sought.
 
Time periods between grievance steps may be extended by written mutual agreement of both parties.
 
Working days, for the express purpose of this Article, are defined to be Monday through Friday excluding holidays, Saturday and Sunday. In computing any period of time the working day following the act, event or default shall be counted as Day 1 for the purpose of determining the designated period of time applicable at that step.
 

1. If the Union Grievance Committee agrees that a grievance does exist, they and/or the aggrieved employee shall submit the grievance at step one to the Operations Manager within ten (10) working days of the grievable action, with a copy of the alleged grievance going to the Director of Transportation Services.
    
   
2. If, within ten (10) working days after the receipt of the grievance, the Operations Manager has not settled or responded to the grievance, the Union Grievance Committee and/or the employee may advance the grievance to step two by submitting the grievance to the Director of Transportation Services. Step two shall be filed within (10) working days of receipt of the Operations Manager's step one response. If no step one response was offered within ten (10) days of its filing, step two shall be filed within twenty (20) working days of the filing of the grievance at step one.
    
   
3. If, within ten (10) working days after the receipt of the grievance, the Director of Transportation Services has not settled or responded to the grievance, the Union Grievance Committee and/or the employee may advance the grievance to step three by submitting the grievance to the Mayor. Step three shall be filed within ten (10) working days of receipt of the director of Transportation Services' step two response. If no step two response was offered within ten (10) days of its filing, step three shall be filed within twenty (20) working days of the filing of the grievance at step two.
    
   
4. If, within ten (10) working days after the receipt of the grievance, the Mayor or his/her designee has not settled the grievance, the Union Grievance Committee and/or the employee may submit the grievance to an arbitration board to be determined in accordance with Section 5 of this Article. Notice of appeal must be made in writing to the Mayor within ten (10) working days after the Mayor's response, otherwise the right to grieve shall be deemed as waived. Each party within ten (10) working days will appoint their representative.
    
   
5. The arbitration board shall consist of three (3) persons: One (1) to be selected by the Union, one (1) to be selected by the City, and one (1) to be selected by these two arbiters. Both the City and the Union shall name their respective representatives within three (3) working days after notification of appeal. These two (2) arbiters will complete the selection of the third committee member within the next three (3) working days. If they cannot agree on the third person, they shall submit a request to the American Arbitration Association for a listing of nine (9) professional arbiters. The City and the Union representatives will take turns striking names off the list until only one (1) person remains on the list. That person shall become the third representative and shall serve as a chairperson for the Committee. A coin flip shall determine whether the City representative or the Union representative will strike the first name on the list. The Committee will hold its first meeting on the grievance at the convenience of the neutral arbitrator, unless agreed otherwise. The arbitration committee shall then render a decision within thirty (30) working days after their initial meeting, unless otherwise agreed. The cost of arbitration shall be borne equally by both parties, and each party shall pay its respective representatives' or attorneys' fees. The City and the Union agree that the decision of this Committee shall be final and binding upon both parties.
   

 
The arbitration committee shall render its decision solely based on the interpretation and application and provisions of this Agreement. neither the arbitration committee nor any other person or persons involved in the grievance process shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement.
Back to the Index  
ARTICLE 19 - NEGOTIATIONS NOTIFICATION  
Should either party to this Agreement wish to inaugurate collective bargaining discussion over any proposed change they may wish to introduce into a subsequent Agreement, it is agreed that notice of the substance of the changes and language with which such desired changes are to be expressed shall be mailed to the authorized parties' signatory to this Agreement not less than ninety (90) days before the termination of this Agreement. The parties receiving such notice of the desired changes shall forthwith seek establishment of a meeting of the parties for the purpose of discussion and amicable accommodation for the desired changes.
Back to the Index  
 
ARTICLE 20 - UNION OFFICIALS TIME OFF 
The City agrees to allow time off with pay for Union officials or duly appointed representatives to attend to official Union business not to exceed five (5) working days for a single function. Aggregate pay for all individuals for such time off shall not exceed one hundred (100) working hours in each calendar year. Pay for individuals using this time will be calculated at straight time. Notification of the time off must be made in writing to the Director of Transportation Services, signed by the Union President, at least three (3) working days in advance of the requested time off.
 
The union negotiation team will receive an additional 100 hours of union officials time off for purposes of labor agreement negotiations for a successor agreement in the last year of the contract. The additional 100 hours shall be used exclusively for contract negotiations for a successor agreement.
 
Back to the Index ARTICLE 21 - ELECTION OF REMEDIES
 
The following limitation shall be applicable to this Agreement. In the event an employee elects to file a civil service appeal concerning his/her employment status or conditions, no grievance under this Agreement by or on behalf of the employee shall be filed or pursued to the extent the subject matter of the civil service appeal overlaps with any actual or potential grievance under this Agreement.
 
Back to the Index ARTICLE 22 - NO STRIKE CLAUSE
 
There shall be no strike or lock-out during the term of this Agreement.
Back to the Index  
 
ARTICLE 23 - EFFECTIVE DATE
 
This Agreement shall be effective as of the first day of January 2003 and shall remain in full force and effect through the last day of December 2005.
 
Back to the Index

WITNESSED this _____ day of

.

 
 
 
 

CITY OF EVERETT					AMALGAMATED TRANSIT UNION,
							LOCAL 883

 

_____________________________			_______________________________
FRANK E. ANDERSON, Mayor			DON SHAGAM, President

 
 

ATTEST:						_______________________________
							Secretary

 
_____________________________
 
CITY CLERK
 
 
APPROVED AS TO FORM:
 
 
_____________________________
CITY ATTORNEY
 
 
Back to the Index  
APPENDIX A
 

EARNINGS CODE	DESCRIPTION	INCLUDE
11	Regular	X
12	Overtime	X
14	Vacation	X
15	Holiday	X
25	Floating Holiday	X
27	L&I	X
49	Light Duty-Regular	X
54	FMLA- Vacation	X
55	FMLA- L&I	X
58	FMLA-L&I-Vacation	X
59	L&I- Medical Exam	X
61	Military Lv.	X
81	Vacation Pay- L&I	X
99	Admin. Lv.	X
230	Public Outreach- Regular Pay	X
231	Accident Report Time	X
232	Witness Time	X
236	Customer Service- Regular Pay	X
239	Extraboard Standby	X
241	Safety Meeting	X
242	Accident Review Board	X
243	Operations Meeting	X
244	Meeting with Supervisor	X
247	Public Outreach- Overtime	X
248	Witness Time- Overtime	X
250	Standby Shift- Overtime	X
251	Safety Meeting- Overtime	X
252	Accident Review Board- Overtime	X
253	Operations Meeting- Overtime	X
254	Meeting with Supervisor- Overtime	X
255	Training- Overtime	X
256	Admin. Time- Overtime	X
258	AI- Regular	X
259	AI- Overtime	X
988	UOTO at City request	X
996	Training Pay- Regular (Not New Hire)	X
998	UOTO at Union request	X

Back to the Index