Attachment_H_-_Union_Contract.pdf

AGREEMENT

TRANSIT MANAGEMENT OF VOLUSIA COUNTY, INC.

a/k/a VOTRAN and

TEAMSTERS LOCAL UNION NO. 385,

affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS

October 1, 2022, until September 30, 2025

Attachment H - Union Contract Transit Mgmt. RFP 24-P-64AK

AGREEMENT

THIS AGREEMENT, made by and between Transit Management of Volusia County, Inc., A/K/A “Votran,” party of the first part (hereinafter referred to as VOTRAN or the Employer) and Teamsters Local Union No. 385, affiliated with the International Brotherhood of Teamsters, and/or their successors, party of the second part (hereinafter referred to as the Teamsters or the

Union).

ARTICLE 1: INTENT AND PURPOSE

1. General. The parties to this Agreement desire to establish and maintain mutual understanding and cooperation that will promote to the fullest the economy of the operation, the quality and quantity of service, the safety of the Employer's employees, fair and reasonable conditions of employment and to provide methods for the fair and peaceful adjustment of all disputes that may arise between them so as to secure uninterrupted operations and the necessary cooperation to eliminate inefficiencies in the operation of a mass transportation system.

2. Labor Management / Safety Committee: The parties agree to establish Management/Shop

Steward meetings to maintain open lines of communication and to discuss and resolve issues.

The meetings shall be scheduled on a monthly basis and will be attended by the Human Resource

Manager, the Assistant General Manager or Department Head Manager or any combination thereof. The meeting will be scheduled by management at a time that does not interfere with the daily operation. Shop Stewards attending the meeting during their scheduled shift will be paid for their time. Shop Stewards who choose not to attend the meeting prior to or after their scheduled shift or on a scheduled day off will not be paid. The Labor Management / Safety

Committee will maintain a recurring agenda item to review route bids.

The Labor Management / Safety Committee will work to meet the requirements of the Federal

Transit Administration including but not limited to work on the Public Transportation Agency

Safety Plan / Safety Management Systems (PTASP / SMS).

ARTICLE 2: SCOPE OF AGREEMENT

1. Scope and Composition. This Agreement covers all fixed route bus operators, paratransit bus operators, maintenance and shop employees of the Employer at its Volusia County, Florida, facilities, excluding office-clerical employees, cashiers, guards, watchmen, dispatchers and supervisors as defined in the Act.

ARTICLE 3: RECOGNITION

1. General. The Employer recognizes the Union as the sole collective bargaining representative for hours, wages and other conditions of employment for all full and part-time bus operators, paratransit operators and maintenance department and shop employees of the Employer engaged in jobs at its Volusia County, Florida facilities, excluding office-clerical employees, cashiers, guards, watchmen, dispatchers and supervisors.

2. Exclusive Recognition. Thus, the Employer further agrees that it will not recognize, deal with or enter into contractual or other relations, either written or oral, with any other labor organization, or any employees or other persons with respect to wages, hours, and all other terms or conditions of employment for and on behalf of or with any of its employees as hereinafter defined, or which affects such wages, hours and all other terms or conditions of employment with respect to the employees set forth in Article 3.1, above.

ARTICLE 4: PROBATIONARY EMPLOYEES

1. Probationary Period. A newly hired employee shall work under the provisions of this

Agreement but shall be employed on a sixty (60) calendar day trial basis during which period he/she may be discharged without further recourse; provided, however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against

Union members. If on or before the 59th day there is a question as to the ability of an employee to be able to satisfactorily perform the duties of the job classification trained for, the Employer may extend the probationary period an additional thirty (30) days and shall notify the Union of such extension. The probationary period will begin according to Section 4.2 of this Article.

2. Completion of Probation. New maintenance department and shop employees will begin their sixty (60) calendar day trial period at the date of hire. New bus operator employees will begin their sixty (60) calendar day trial period upon completion of the operator's training program, qualification for duty and enrollment on the operator availability roster.

3. Seniority Date. Upon satisfactory completion of the required probationary period/training program and any extension thereof, new employees will be credited with all continuous service retroactive to their date of hire for the purpose of computing and crediting accrued benefits for vacations and holidays except floating holidays. When more than one employee is hired on the same day, the employee's seniority date will be established by the date and time of the application, assuming qualification by the employee in the same class.

ARTICLE 5: LOYALTY AND EFFICIENCY

1. General. The Union and the employees represented by the Union agree that they will perform loyal and efficient work and service; that they will use their influence and best endeavors to promote the services performed by the Employer, and to protect the property of the Employer and its interest; and that they will cooperate with the Employer in promoting and advancing the welfare and prosperity of the Employer at all times, including adherence to Volusia County’s social media policy pursuant to the Florida Public Records Law; and that they will assist all departments of the Employer in their efforts.

2. Fairness Standard. The Employer agrees that it will strive to act fairly with its employees and the employees' bargaining agent.

3. Safety Incentive Program.

3.1. Purpose. The Employer and the Union agree that they will use their best efforts to achieve the mutual objective of minimizing industrial and personal accidents on the part of the employees. The Union recognizes the need for the employee to exercise due care at all times. Further, in the operation of buses and other equipment, it is necessary that the employee routinely exercise defensive driving techniques even though these techniques go beyond his or her mandatory responsibilities under the State of Florida Department of

Transportation traffic laws, and / or regulatory requirements that includes but is not limited to

Florida Administration Code (FAC) 14.90. Management recognizes the importance of proper maintenance of facilities and equipment and is committed to policies and procedures which ensure quality safety and maintenance programs.

3.2. Eligibility. Both parties agree to the implementation of an incentive program to encourage and reward continuous safe performance on the part of employees. Employees will be eligible for the safety incentive as long as they remain free of preventable accidents. In addition, an employee will be considered eligible for these incentive bonuses only if they have been on the active payroll and actually performing routine scheduled work for at least seventy-five percent (75%) of the covered period. In other words, if an employee is absent from work for any reason, including being out of work for illness (FMLA, etc.,) in excess of twenty-five percent (25%) of a quarter or more than twenty-five percent (25%) of the year, then it is not possible to evaluate their performance in the area of safety and, therefore, they are not eligible for consideration of any bonus or payment of any incentive amounts. For newly hired employees, the time covered by their probationary period will be credited under these incentive programs after they have successfully and satisfactorily completed their probationary period. On-the-job injuries with lost time may be subject to review by the

Accident Review Committee to determine whether or not they are chargeable to the employee. Although vehicle accidents may result when operating within existing traffic laws, this incentive program will encourage the use of defensive driving techniques, safe work habits and practices in all job classifications.

3.3. Safety Training. It is agreed that safety awareness will be encouraged through periodic safety meetings and participation in the National Safety Council programs for safety awareness.

3.4. Awards. In order to promote increased productivity through improved safety, the

Employer will grant awards to all eligible and qualifying employees who maintain an exemplary record of safety according to the standards specified above. All safety awards will be calculated as wage bonuses upon the completion of each fiscal year and paid to the qualifying employee on or about December 15th of each year.

3.5. Safety Bonus. The following incentive awards will be given to each eligible and qualifying bus operator or maintenance employee with no preventable accidents:

3.5.1. Bus/Paratransit Operator:

3.5.1.1. Each Fiscal Quarter:

3.5.1.1.1. 0 Preventable Accidents $50.00

3.5.1.2. Each Fiscal Year:

3.5.1.2.1. 0 Preventable Accidents $300.00

3.5.2. Maintenance Employees:

3.5.2.1. Each Fiscal Quarter:

3.5.2.1.1. 0 Preventable Accidents $50.00

3.5.2.2. Each Fiscal Year:

3.5.2.2.1. 0 Preventable Accidents $250.00

3.6 National Safety Council / Accident Review Committee. It is agreed that the Accident

Review Committee will determine preventable or non-preventable accidents eligibility for the safety incentive using the National Safety Council guidelines.

3.7 Earned Bonus Upon Termination. Employees who have earned and accrued quarterly safety bonuses shall be paid their accrued incentive pay at the time of their separation.

Employees terminated for serious misconduct which warrants immediate discharge will forfeit any earned and accrued bonuses.

3.8 Accident Review Committee. The Accident Review Committee will be comprised of five members which will include an operator, maintenance representative and paratransit representative to be appointed by the union. These three members must have two years of service and have had no disciplinary actions within the previous 12 months. The other two members shall be appointed by management.

3.9 Customer Service Committee. The Customer Service Committee shall consist of two

Operators, who must have two years of service and have had no disciplinary actions within the previous 12 months, to be appointed by the union. The other two members shall be appointed by management. The fifth member is a representative from the Transportation

Planning Organization.

4. Attendance.

The Employer and the Union agree to use their best efforts to achieve the mutual objective of minimizing employee absenteeism. In this regard, it is recognized by the Union that each employee has the responsibility to report for work on time every day that he/she is scheduled and is physically capable of performing the work. It is the responsibility of the employee to schedule appointments during non-work hours whenever possible. On the other hand, Management recognizes that there are valid emergencies for sickness and personal business that require time off.

Employees will be allowed to use up to 10 (ten) days per fiscal year of earned but unused benefit time without being charged an absenteeism violation. Employees must notify the employer one hour prior to the scheduled shift time in order to be approved for use of the above referenced 10 (ten) days of benefit time.

Employees with 12 or less sick days, reported offs, or any other unscheduled absences within each fiscal year will be credited with two floating holidays effective October 1st of each year.

Employees will be charged an absenteeism violation for each day of an unscheduled absence during the fiscal year. Employees with 13 or more absenteeism violations during the fiscal year will result in formal discipline and the employee will be required to provide a doctor’s note to be paid sick time for each unscheduled absence for 12 months.

5. Full Time Service Island Program.

5.1. Purpose. The Employer and the Union agree to use their best efforts to achieve the objective of providing the cleanest vehicles possible to the public. Towards this end, the following goals have been established to drive the incentive program.

1. To have the cleanest fleet of any property in the State of Florida.

2. To facilitate teamwork and foster esprit de corps among the work force.

3. To be recognized, both publicly and monetarily, as a professional cleaning team.

5.2 Rating System. Ten (10) times during the month a randomly selected vehicle will be inspected, using the QC/Service Island Incentive Program worksheet, by the Director of

Maintenance or his designated representative. This sheet has fifty (50) items on it, each being worth two points, for a total of one hundred (100) points per inspection. This equates to one thousand (1,000) points per month. The incentive bonus will be paid for those months that the Service Island personnel score nine hundred (900) points or more.

5.3 Incentive Bonus. There will be a monetary award of twenty-five dollars ($25.00) per person, for the months that the Service Island personnel qualify for the incentive bonus. It is possible for some members of the team to qualify and some not, based on the above criteria.

ARTICLE 6: MANAGEMENT RIGHTS

1. General. Except as otherwise provided herein by the terms and conditions of this Agreement, the Employer reserves and retains, solely and exclusively, all of its Common Law rights to manage its business. Except as otherwise provided herein by the terms and conditions of this

Agreement the Employer reserves and retains solely and exclusively all of its common law rights to manage its business including but not limited to the following: to decide all machines, tools and equipment to be used; to improve efficiency; to hire, layoff, assign, transfer and promote employees; to determine the qualifications of employees; to determine the starting and quitting time; to establish the number of shifts; to determine the number of hours to be worked, including the determination of the necessity for and distribution of overtime work; to establish customer service and public relations policies; to determine the business hours and location of its establishment; to decide the process of operation; to adopt and enforce working rules; to discipline and discharge employees for just cause.

2. No Waiver. Failure of the Employer to exercise rights herein reserved to it or exercising them in a particular way shall not be deemed a waiver of said rights or of the Employer's right to exercise said rights in some other manner not in conflict with the terms of this Agreement.

3. Retained Rights. All functions of Management not herein otherwise relinquished or limited shall remain vested in the Employer. The listing of specific rights in this Article is not intended to be nor shall be restrictive of or a waiver of any rights of management not listed, whether or not such rights have been exercised by the Employer in the past.

ARTICLE 7: CHECK-OFF

1. General. The Employer agrees to deduct from the pay of each employee who signs and submits proper authorization and who is covered by this Agreement, the dues, initiation fees and/or uniform assessment of the Union and agrees to remit to said Local Union all such deductions prior to the end of the month in which the deduction is made.

2. Indemnification. The Union agrees to indemnify and save the Employer harmless against any and all claims, suits or other forms of liability arising out of the deductions of money for Union dues, assessments, fees or otherwise from an employee's pay. The Union assumes full responsibility for the disposition of the moneys so deducted once they have been turned over to the designated Union official.

3. Certification. The Local Union shall certify to the Employer in writing each month a list of its members working for the Employer who have furnished to the Employer the required authorization, together with an itemized statement of dues, initiation fees (full or installment), or uniform assessments owed and to be deducted for each such month from the pay of such member. Where an employee who is on check-off is not on the payroll during the week in which the deduction is to be made or has no earnings or insufficient earnings during that week or is on leave of absence, the Employer will make required notations on the Union's copy of the check-off form as to why the required deductions were not made.

ARTICLE 8: UNION ACTIVITIES

1. General. Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his acts as such officer of the Union so long as such acts do not interfere with the conduct of the Employer's business, nor shall there be any discriminations against any employee because of Union membership or activities.

2. Access Privileges. Authorized agents of the Union shall have access to the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues and ascertaining that the Agreement is being adhered to; provided, however, that there is no interruption of the Employer's operation or working schedule.

ARTICLE 9: NON-DISCRIMINATION

1. General. The Employer and the Union agree and confirm that they do not and will not discriminate against any individual with respect to recruitment, hiring, training, promotion or other employment practices for reasons of race, color, sex, sexual orientation, gender identity, transgender status, religion, national origin, ancestry, age, marital status, medical condition, disability, veteran status, union affiliation, creed, gender expression, pregnancy, military, genetic information or any other basis, or any other characteristic protected by law.

2. COMPLIANCE WITH APPLICABLE LAWS. As an agent of the County of Volusia the

Employer intends to comply with all applicable county, state and federal laws, including but not limited to those relating to medical, family or military leave, equal opportunity, and other terms and conditions of employment.

ARTICLE 10: STRIKES AND LOCKOUTS

1. General. The Employer agrees that so long as this Agreement is in effect there shall be no lockouts. The curtailing of any operations for business reasons shall not be construed as a lockout. The Union, its officers, agents, members and employees covered by this Agreement agree that so long as this Agreement is in effect there shall be no strikes, picketing, sympathy strikes, sit-downs, slow-downs, stoppages of work, boycott or any unlawful acts that interfere with the Employer's operations or the offering of its services to the public.

2. Union Responsibility. It is further agreed and understood that the Local Union shall not be liable for any strike, picketing, breach or default in violation of this Agreement unless the act is authorized or condoned by the Local Union itself and/or its agent. The President of the Local

Union shall immediately, upon request, advise the Employer whether the Local Union has authorized or condones any strike, stoppage or interruption of work. The Local Union shall make immediate efforts to terminate any strike, stoppage or interruption of work which is not authorized or condoned by it without assuming liability therefore.

3. Employee Responsibility. During the term of this Agreement and if directed by the Employer an employee will not observe and/or refuse to cross any picket line wherever located and the

Employer will protect and hold harmless such employee from any loss or injury sustained as a result.

ARTICLE 11: SUB-CONTRACTING

1. General. The Employer has the unqualified right to sub-contract any and all work, provided, however, that no employee(s) shall be laid-off or on lay-off from their classification or terminated because of the sub-contracting of the work. The Employer will subcontract consistent with its rights of management (Article 6) and will not subcontract work where the purpose of doing so is to deliberately avoid an express requirement of this Contract or to intentionally seek to erode the bargaining unit.

ARTICLE 12: DISCHARGE OR SUSPENSION

1. General. The Union agrees to do all in its power to assist the Employer in requiring the employees to give the Employer an honest day's work and abide by the rules and regulations of the Employer which are not in conflict with this Agreement.

2. Just Cause Standard. The Employer shall not discharge, suspend or take disciplinary action against an employee without just cause.

3. Terminable Offenses. Some types of misconduct by employees are so serious as to warrant immediate dismissal without prior warning or progressive discipline. Examples of such serious misconduct which require discharge include, but are not limited to, the following:

3.1. Dishonesty

3.2. Stealing

3.3. Using or being under the influence of alcohol, drugs, hallucinogenic agents or narcotics when reporting to work, while on duty or while on the Employer's property, even if off duty.

3.4. Recklessness or negligence resulting in an accident while on duty.

3.5. Willful destruction of the Employer's or public property or the property of other employees.

3.6. Carrying of an unauthorized unpaid passenger.

3.7. Failure to report an accident by radio or nearest telephone immediately from the scene when physically able, or failure to make a written report upon return to the garage.

3.8. Using a VOTRAN vehicle for personal use without permission and/or unauthorized use of a Votran vehicle.

3.9. Absent for three (3) consecutive work days without a legitimate excuse.

3.10 Failure to report to work due to felony or criminal charges and resulting conviction by any court, justice or judge or any jurisdiction. Circumstances of individual cases will be reviewed by management, with notice to the union and with the consent of the employee where the employee had requested confidentiality. Employment may continue until resolution of the case.

3.11. Use of abusive, threatening, offensive or obscene language toward or in the presence of a passenger, fellow employee, supervisor or other Employer official including radio communications.

3.12. Willful failure to carry out a reasonable and lawful order from a recognized superior.

3.13. Falsifying time or revenue records at any time. Falsifying or misrepresentation of information on the original employment application form (chargeable within twelve (12) months of the application form or reapplication for submission).

3.14. Falsifying any written reports that are required by the Employer.

3.15. Falsifying workmen's compensation claims.

3.16. Sleeping while on duty.

3.17. Excessive miss outs (operators).

3.18. Excessive tardiness (maintenance and shop).

3.19. Gross negligence resulting in a safety hazard.

4. Minor Offenses. The Employer will apply progressive discipline for work rule infractions and other minor incidences of misconduct. An employee will not be discharged for a work rule infraction or other minor incident of misconduct unless the employee has received a documented verbal warning for minor non-safety violations and at least two (2) formal written warnings within the preceding twelve (12) months. Maintenance/Shop employees who are more than five

(5) minutes late will receive formal discipline.

5. Recourse to Grievance/Arbitration. Any employee who contends that he has been discharged, suspended or otherwise disciplined without 'just cause" within the meaning of the Article, may have his/her case reviewed through the grievance procedure provided in this Agreement.

6. Notice of Discipline. Any disciplinary action taken against any employee must be done in writing and either hand-delivered to the employee or mailed to the employee's last known residence address listed on the Employer records. Copies of all warnings, discharge or disciplinary letters shall be sent to the Union. Hand-delivery of all the written disciplinary action or the postmark on the letter sent to the employee's last known address shall commence the time periods applicable to the Article.

7. Time Limits - Employer. The Employer must take whatever disciplinary action it intends to take against an employee in writing, within ten (10) working days from the date the Employer has knowledge of the violation or the repetition, or the matter will be deemed closed for the purpose of future disciplinary action.

8. Time Limit - Employee/Union. The employee (or Union) must protest any action the

Employer has taken in writing within ten (10) work days from the date of the action.

9. Forfeiture. Failure of the Employer, Union or employee to act within the time limits listed above will render void and of no effect any action taken by the Employer or any claim or grievance made by the Union or the employee.

10. Time Calculation. For the purpose of disciplinary action, it is understood and agreed that the term "workdays" will not include Saturdays or Sundays.

11. Right to Union Representation. The Employer agrees and recognizes the right of employees, upon request, to have the presence and advice of their Union Steward during an investigative interview or conference with supervision which may lead to disciplinary action.

12. Investigatory Suspensions. Employees suspended for an investigation will be paid for up to

3 days and shall make themselves available as necessary during the investigation.

ARTICLE 13: GRIEVANCE PROCEDURE - ARBITRATION

1. General. The parties to this Agreement agree that any grievances arising out of the interpretation or application of the terms of this Agreement shall be settled promptly in accordance with the following procedures:

2. Definitions:

2.1. Grievances: A grievance, within the meaning of this procedure, dispute or difference of opinion between the parties concerning interpretation, application or alleged violation by the

Employer of this Agreement.

2.2. Time Limits: The parties recognize that it is important that grievances be processed and resolved as rapidly as possible; therefore, the number of days indicated at each step of the grievance procedure should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may be extended by mutual agreement as evidenced by a waiver in writing signed by an authorized representative of the Employer and the Union. Failure of the Employer, Union or employee to follow the time limits specified will forfeit and void any action taken by the Employer and will deny any claim the Union or employee would make.

2.3. Grievance Procedure:

2.3.1. Any employee believing that he has suffered a grievance shall immediately discuss the matter with the Supervisor. The employee may choose whether to discuss the matter with the proper Supervisor with or without the presence and assistance of his

Union Steward or Representative.

2.3.2. If the matter cannot be mutually resolved, the employee, Union Steward and/or

Union must submit a written grievance or protest to the Employer's supervisor or other designated member of management within ten (10) work days from the disputed or protested Employer action.

2.3.3. The Employer must render a written decision on any timely filed grievance within ten (10) work days of the presentation. Failure of the Employer to reply in writing shall be considered as sustaining the grievance, unless the time limit has been extended by mutual agreement between the Employer and the Union in writing.

2.3.4. If the grievance cannot be settled by the above procedure, the designated

Employer representative and the designated Union Representative will meet and/or discuss the grievance within ten (10) work days of the Employer's written decision in an effort to mutually resolve the dispute and settle the grievance. If no agreement or settlement is made, then either party may elect to take the grievance to arbitration within ten (10) work days of such meeting or discussion. A decision to take the grievance matter or dispute to arbitration must be made in writing and must be delivered or postmarked within ten (10) working days from the date of the meeting or discussion between the

Employer Representative and the Union Representative.

2.3.5. If the Employer and the Union are unable to mutually agree on an arbitrator, they will request the Federal Mediation and Conciliation Board to furnish seven (7) names of arbitrators. The aggrieved party shall have first strike. The last name left on the list of seven (7) arbitrators shall be selected to hear the grievance. At no time would the above apply if the Employer and the Union agree to bypass the procedure outlined above and select one sole arbitrator to hear the grievance.

2.3.6. A hearing shall be held as soon as possible and the arbitrator shall render his decision within thirty (30) days. It is agreed that the decision of the arbitrator shall be binding upon all parties.

2.3.7. It is distinctly understood that no arbitrator is vested with the power to change, alter, modify or amend the terms of this Agreement in whole or in part.

2.3.8. The expenses of the arbitrator, as well as the other expenses of holding the arbitration, shall be borne equally by the Union and the Employer; however, each party shall bear the expense of its representatives, of its own witnesses and of preparing and presenting their case.

2.3.9. Any decision reached by the Employer and Union at any stage of these grievance proceedings or by the arbitration procedure, shall be final and binding upon the parties as to the matter in dispute; and the Employer, the Union, and the aggrieved employee shall thereafter comply in all respects with the result of such decision reached.

2.3.10. In regard to the time limits set forth in this Article, it is understood and the parties agree that "work days" will not include Sundays.

ARTICLE 14: SENIORITY

1. General. The principle of seniority shall be computed and applied as specified under this

Agreement unless otherwise mutually agreed by the Employer and the Union.

2. Seniority List. A seniority list for each department will be posted in a conspicuous place by the Employer at least every six (6) months with a copy to the Union. Any protest as to the accuracy of the seniority list must be made in writing to the Employer by the Union within thirty

(30) work days of the posting date. Failure of the employee and/or Union to protest the accuracy of the date of any individual's or individuals' seniority as listed on the posted seniority list within this thirty (30) work day period will waive further protest and will render that seniority list as posted conclusive and correct except in cases of typographical errors or administrative oversights.

3. Benefit Eligibility. Eligibility for benefits shall commence on date of hire unless otherwise stated in; this Agreement, a benefit plan or a benefit description, in which case the agreement, plan or description shall govern.

4. Work Seniority. Work seniority will be by job classification and will be applied and observed for purposes of bidding, lay-offs and recalls provided further that the employee possesses the necessary skills, qualifications and ability to perform available work without additional training, as such may be determined by the Employer. Any dispute over qualifications will be settled in accordance with the arbitration procedure (Article 13) in this Agreement.

4.1. Operator's Work Seniority. An operator's work seniority is conditioned upon the successful completion of both the operator's training program and the probationary period specified in Article 4. However, upon satisfactory completion of the training program and the probationary period, an operator's work seniority will commence on the date he is placed on the Employer's "Operator Availability Roster."

4.2. Maintenance/Shop Work Seniority. A maintenance/shop employee's work seniority is conditioned upon the successful completion of the probationary period specified in Article 4.

However, upon successful completion of such probationary period a maintenance/shop employee's work seniority shall date from his original date of hire.

4.3. Paratransit Operator Work Seniority. A paratransit operator's work seniority is conditioned upon the successful completion of the Employer's training program and the probationary period specified in Article 4. However, upon satisfactory completion of the training program and the probationary period, a paratransit operator's work seniority will commence on the date he/she is placed on the Employer's "Paratransit Operator Availability

Roster."

5. Seniority shall be broken for the following reasons:

5.1. If the employee resigns;

5.2. If the employee is discharged;

5.3. If the employee is absent for three (3) consecutive assigned work days without properly notifying the manager, unless a satisfactory reason is given;

5.4. If the employee fails to return from layoff within fourteen (14) calendar days after being notified to return to work by certified mail sent to his last known address shown on Employer records. Notification of return to work shall be effective upon posting the certified letter in the

U.S. Mail;

5.5. If the employee is laid-off for more than one (1) year from last lay-off because of a reduction in work force due to lack of work, or because of illness;

5.6. If the employee accepts a position with the Employer outside the bargaining unit for a period longer than six (6) months he will lose all bargaining unit seniority.

5.7. Employees who are rehired within 30 days of their resignation keep their seniority for the next bid and for their pay and benefits unless a benefit plan’s summary plan description states otherwise, in which case the summary plan description shall govern. Rehires may not bump before the next bid.

6. Layoffs. In the event of a layoff, the Employer will give as much prior notice as possible and layoff shall be done by classification, however, if the most junior man in the affected classification was qualified to do any other job, he would be allowed to bump any employee he would be senior to, provided he was qualified to do the job immediately. This procedure would be followed until the most junior man (or an employee who was not qualified to bump some other junior employee) was laid-off.

6.1. Reductions In Force (Paratransit Operator)

6.1.1. A full-time paratransit operator who is permanently laid-off must be qualified, as determined by the Employer, to immediately undertake and perform, in full, available work in order to displace a less senior paratransit operator or, under the appropriate circumstances, a less senior bus operator.

6.1.2. For purposes of general or Employer-wide reductions in force, the paratransit operator's last effective hire date with the Employer will be used for purposes of seniority rank/order. For purposes of layoffs, vacations and job bidding within the paratransit operator job classification, the paratransit operator's hire date with their predecessor employer (Council on Aging) will be used.

7. Recalls. All employees with seniority ranking who are laid-off in any reduction of force, will be recalled in the order of their seniority during the first twelve (12) month period following their last layoff, provided such persons keep the Employer notified of their current address.

8. Notice of Recall. A laid-off employee shall be given two (2) weeks’ notice of recall. Recall notice shall be effective and complete upon the posting of a certified letter in the U. S. Mail to the employee's last known address as contained in the Employer's records. It is the responsibility of the employee to respond to the Employer within five (5) days of receipt of the recall notice, which response must occur during the two (2) week recall period and he/she must confirm his/her intention to return to work from layoff. Failure to give timely notice to the Employer or to report at the agreed upon time within the designated period will result in the loss of all seniority rights and the employee will be considered a voluntary quit.

ARTICLE 15: ASSIGNMENT OF WORK OPERATIONS

1. General. It is understood that because of the unusual nature of the Employer's business the operation may be on a seven (7) consecutive day work week basis. It is further understood that the Employer shall have the unqualified right to establish bids, shifts or runs whether day, night or Sunday in order to cover all phases of its business or operation. However, when drafting of employees is required to meet the operational requirement, the Employer recognizes that operators will be granted one (1) day off each work week. Operators who, if drafted, would not receive a day off in the work week may elect to be excused from the draft and it shall progress to the next senior person. If the seniority list is "exhausted"; then the draft will default to the least senior employee, who must take the assignment. Failure to accept such an assignment will result in formal discipline.

2. Regular Run and Paratransit Bidding. Except as otherwise provided in this Agreement, the

Employer will make reasonable efforts to post for bid fixed route positions, as well as paratransit assignments, jobs, and/or runs, on a seasonal basis but, in any event, will strive to do so no less than three (3) times in the course of each calendar year during the term of this Agreement.

2.1. Bidding will be conducted according to the following procedures.

2.1.1. Only full-time employees on the active payroll will be permitted to submit a bid for full time runs. Part time bus operators will bid on part time runs in seniority order.

Management agrees that no more than ten (10) percent of runs will be part time runs.

2.1.2. An employee shall not be permitted to bid for more than one job opening at a time.

2.1.3. An employee receiving a regular run through bidding shall not be eligible to exercise his/her seniority rights for further bidding until the next general bid is posted.

2.1.4. The Employer may post runs and assignments more frequently than three times annually as changes in the services require.

2.1.5. Job postings for bids shall be at a conspicuous place at the principal place of employment so that all eligible employees will receive notice of the vacancies and other job opportunities.

2.1.6. Runs posted for bids will include hours of work, days off, route schedule and other manifest information. Regular runs will be scheduled to allow a three (3) minute relief period for the shift change.

2.1.7. The employee who the Employer determines is qualified as to ability and who has the highest seniority among bidding employees, and who will be available to fully perform the bid until the next posting, will receive such vacancy or job opportunity.

2.1.8. Job postings for bids shall be for a period of at least ten (10) working days with the operators being scheduled for a specified time period within which they must submit a bid or waive their opportunity and be assigned unbid runs by the Employer. The award of the bid and instructions for work assignments shall be made by the Employer within three (3) working days after the close of the bid. In the event no bid is submitted for a posted run, or if an operator fails to timely submit a bid, then the least senior qualified operator will be assigned by the Employer.

2.1.9. The Employer will furnish a copy of all job postings for bid to the Union Steward, including the sign-up bid analysis for all postings.

3. Extra Board Procedures.

3.1. Work performed by the extra board will include but will not be limited to the following:

an absence of any duration for any cause of an operator with a regular assigned run;

emergency assignments to new work and/or vacancies until they are filled as provided in paragraph (3) below; any other runs or pieces of work not otherwise assigned. Extra board assignments will normally be posted the week prior to the scheduled workday, whenever possible, in the following order:

• Extra Board bus operators will be scheduled on a weekly basis.

• Unassigned work that is available and not scheduled on the Extra Board

Weekly schedule will be scheduled as follows.

• Full-time volunteers by seniority, including Extra Board.

• Part-Time Employees without an assigned run.

• Part-Time Employees with an assigned run as long as the work does not exceed thirty (30) hours per week.

• Draft. The least senior full-time bus operator must take the assignment. Failure to take the assignment will result in formal discipline.

3.2 Work performed by the extra board will be systematically assigned and distributed among available and qualified operators in an effort to equitably share available work. For this reason, the extra board will rotate each week on equalization basis: i.e. The operator with the most hours will go to the bottom of the board on his/her next day of work; the operator with the least amount of hours will go to the top of the board on his next week of work. Extra board Operators will be granted a day off during a work week using the procedure set forth in paragraph 15.1, above. Volunteers may choose available work based on seniority once all extra board operators have been assigned pursuant to this Article.

3.3. Whenever a regular run or assignment is vacated or it is known that it will be vacant for more than thirty (30) calendar days between postings, for whatever reason, then, at the discretion of the Employer, such regular run or assignment may continue to be worked from the extra board, on a day-to-day rotational basis, or it may be offered at any time prior to the next regularly scheduled bid posting to the extra board operators for interim bid according to their seniority. Any dispute over these procedures will be settled in accordance with the grievance and arbitration procedures in this Contract.

4. Special Operations.

4.1. Special Movements:

4.1.1. Special movements will normally be assigned to the extra-board, unless the chartering party requests a particular operator, that operator may be assigned regardless of this paragraph. The Employer agrees that it will offer special movements first by depleting the extra-board, then through the bidding process based on seniority and availability.

Hours worked by an operator on special movements will be credited for calculation of weekly overtime pay. Any dispute concerning assignments will be settled in accordance with the grievance and arbitration procedures in this Agreement.

4.1.2. It is the intent and purpose of this section to offer special movements first by depleting the extra-board, then through the bidding process based on seniority and availability, while continuing to offer high quality service to customers of the system. In this regard, the determination as to whether a particular operator is qualified for a particular special movement rests with the superintendent in charge. Normally, an operator is not considered qualified for any special movement work until after six (6) months of service, and completion of any prescribed training for special movement operations. Any dispute over qualifications will be settled in accordance with the grievance and arbitration procedures in this Agreement.

4.1.3. Operators working on a regular run may sign up for special movement work on their off days or during periods which will not interfere with their regular run or preparation for same. Such operators will be utilized only when the extra-board is depleted and cannot cover a scheduled special movement. Regular operators will be given assignments for special movements through the bidding process based on seniority and availability.

5. Part-Time Employees. From time to time and at its discretion, the Employer may employ and utilize part-time employees throughout its organization to supplement the regular complement of full-time employees in order to insure the continued efficient and economical operation of the business and, further, to ensure that the Employer is prepared and ready for the timely and proper rendering of transportation services to the general public in Volusia County. The Employer agrees, however, that part-time employees will not be employed or utilized so as to result in a lay-off or cut-back in full-time employees. Nor will the Employer use part-time employees to avoid the hiring or retention of full-time employees where otherwise needed for the normal operation of the Employer. Employees who are converted from part-time to full-time status within the same job classification and have worked for the Employer for more than one (1) year shall not be required to serve a probationary period. Such converted part-time employees shall commence accruing all seniority privileges under this Contract as of the effective date of their conversion from part-time employee to full-time employee. Furthermore, part-time employees will not be entitled to any of the terms, conditions, provisions and benefits contained in this Agreement other than those specifically indicated elsewhere within this Agreement.

5.1. Definition of part-time employee: A part time employee is any employee who works 30 hours or less per week. However this section does not apply to extra board operators.

6. Equipment Assignment. Seniority shall not govern assignment of equipment.

7. Call Back Pay. A full-time employee called back to work after having completed his regular assignment for that day will be paid for all hours worked but will receive for the call back a minimum of two (2) hours pay at the applicable hourly rate of pay. A full-time extra board operator who is called in for work assignments will be paid for all hours worked but will receive a minimum of two (2) hours at the applicable hourly rate of pay. At the Employer's request, a maintenance person may be designated as a "Standby Person" for after-hours work. Employees designated as a "Standby Person" shall be paid a minimum of two (2) hours pay at the applicable hourly rate of pay. This two (2) hours will be applied to any time actually worked. The Employer will provide "beepers" for maintenance employee(s) assigned to standby.

8. Notice of Unavailability. An employee who will not be available for his/her scheduled assignment is required to notify the Employer as soon as he/she knows of his unavailability and, under no circumstances, less than one (1) hour prior to his/her scheduled report time, if possible.

A failure by an employee to so notify the Employer of unavailability or the failure to report to work as scheduled will forfeit that employee's claim to any work for that day and may result in appropriate disciplinary measures. However, employees giving proper notice of unavailability or an employee who has an excused miss-out may be assigned unscheduled or emergency work which may become available during that day and which cannot otherwise be worked from the extra board.

9. Tardiness. Excessive tardiness and/or being late more than two (2) minutes will result in a miss out and the employee will be disciplined under the miss out rules contained in this

Agreement.

10. Accurate Time Piece. Operators are required to have an accurate time piece upon reporting to work at all times while on duty. All time pieces will be validated for accuracy when requested by the Employer.

11. Lower to Higher Classification. A paratransit operator may advance to a bus operator classification upon satisfaction of the following:

11.1. The paratransit operator has submitted to the Employer, with a copy to the Union, a written statement of intent and request for advancement to the classification of "Bus

Operator."

11.2. Upon his/her own initiation the paratransit operator must complete all necessary training and have successfully passed any practical factor or written test as generally or routinely administered by the Employer for newly hired candidates for the bus operator classification. Paratransit operators who have previously submitted their written letter of intent and request for consideration to the Employer will be selected by paratransit operator classification work seniority for the next available training class convened and conducted by the Employer. It is understood and agreed that in the selection of paratransit operators for bus operator training, the operational integrity of the Employer's paratransit services must be maintained. Accordingly, the Employer may limit the number of paratransit operators selected for any given training class for bus operation. It is the intent of the Employer to select a minimum of two (2) paratransit operators, if available, for training upon prior notification to the Employer given to the Union.

11.3. Once a paratransit operator has been certified and placed on the seniority roster as a

"bus operator," thereafter he/she may not bid down to a lower CDL classification unless approved to do so by the Employer.

ARTICLE 16: ASSIGNMENT OF WORK - MAINTENANCE AND SHOP

1. Maintenance and Shop Bidding. Except as otherwise provided in the Agreement or unless otherwise dictated by legitimate operational needs or requirements, the Employer agrees to post all work assignments for bids at least two (2) times in each calendar year. The Employer will undertake reasonable efforts to post for bid maintenance and shop work assignments during the months of April and October in each calendar year .

1.1. Bidding will be conducted according to the following procedures:

1.1.1 Only full-time employees on the active payroll will be permitted to submit a bid.

1.1.2. An employee shall not be permitted to bid for more than one job opening at a time.

1.1.3. Job postings for bids shall be at a conspicuous place at the principal place of employment so that all eligible employees will receive notice of the vacancies and other job opportunities.

1.1.4. Work assignments…