CBA-MOU JULY 2023- JUNE 2026.pdf

MEMORANDUM OF UNDERSTANDING

WHEREAS, TRANSPORT WORKERS UNION OF GREATER NEW YORK, LOCAL 100 of the TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO (the “Union”) and WHITE PLAINS BUS CO., INC. (“WPBC”), SUBURBAN CHARTER SERVICE, INC. (“SCS”) and SUBURBAN PARATRANSIT SERVICE, INC. (“SPS”) (collectively “the Employers”), are parties to a collective bargaining agreement effective from July 1, 2018 through June 30, 2023, as extended (the “Prior CBA”); and

WHEREAS, the Union and the Employers have engaged in collective bargaining negotiations and desire to modify the terms of the Prior CBA;

NOW THEREFORE BE IT RESOLVED, the parties hereby agree that the terms and conditions of the Prior CBA will continue in full force and effect, except for the following modifications:

a. The parties agree to enter into a collective bargaining agreement (“Agreement”) from July 1, 2023 through June 30, 2026.

b. The terms of the Agreement shall be the terms of the collective bargaining agreement which expired on June 30, 2023, incorporating all prior Memoranda of Agreement, side letters, and other agreements, except as modified in the paragraphs below.

1. Term: 3 years (July 1, 2023 - June 30, 2026)

2. Wages

a. Effective upon ratification and retroactive to July 1, 2023, regular wage rates for all employees shall be increased as follows:

July 1, 2023 4% July 1, 2023 3%

July 1, 2023 5%

4% 3% 5% School Bus Current 1-Jul-23 1-Jul-24 1-Jul-25 School Bus (CDL) $29.49 $30.67 $31.59 $33.17 School Van $26.55 $27.61 $28.44 $29.86 N2 $23.28 $24.21 $24.94 $26.18 Monitor $20.39 $21.21 $21.85 $22.94 Driver Training $15.00 $18.00 $18.00 $18.00

4% 3% 5% Paratransit Current 1-Jul-23 1-Jul-24 1-Jul-25 Paratransit Van $26.55 $27.61 $28.44 $29.86 N2-Non W/C Van $23.28 $24.21 $24.94 $26.18 Driver Training $15.00 $18.00 $18.00 $18.00

Shuttle Current 1-Jul-23 1-Jul-24 1-Jul-25

CDL $27.49 $28.59 $29.45 $30.92

Non-revenue work Current 1-Jul-23 1-Jul-24 1-Jul-25 Non-Revenue $24.20 $24.20 $24.20 $24.20

Maintenance Current 1-Jul-23 1-Jul-24 1-Jul-25 Tech 1 $41.18 $42.83 $44.11 $46.32 Tech 2 $36.92 $38.40 $39.55 $41.53 Tech 3 $32.45 $33.75 $34.76 $36.50 Utility Worker $28.97 $30.13 $31.03 $32.58

3. Driver Weekly and Daily Guarantees.

Effective July 2024 Weekly and Daily Guarantees for 42-week (school bus) employees shall be as follows:

School Bus July 2024 July 2025

Bus 30 32.5 Van 30 32.5 Monitor 27.5 30 N-2 30 32.5

4. Spare Driver Weekly and Daily Guarantees. Effective upon ratification and retroactive to September 1, 2023, Spare Drivers shall be entitled to a pay guarantee of seven (7) hours per day and 35 hours per week. On a daily basis, the guarantee will be split evenly for AM and PM.

5. Spare Monitors Weekly and Daily Guarantees. Effective September 1, 2023, Spare monitors shall be entitled to pay for six and a half (6.5) hours per day and 32.5 hours guaranteed per week. On a daily basis, the guarantee will be split evenly for AM and PM.

6. Paratransit Weekly and Daily Guarantees

Section 6(H) of the CBA shall be amended as follows:

Full-time, paratransit employees have a five -day schedule, with an eight-hour per day, forty hours per week, guarantee.

Part time paratransit drivers are not eligible for holiday pay, unless the holiday falls on their regularly scheduled workday. Part time paratransit drivers do not enjoy the eight hour per day guarantee; instead, the daily guarantee is based on scheduled bid hours.

7. Summer School Work Guarantee Effective Summer 2024, drivers performing summer school work shall be entitled to a pay guarantee of 22.5 hours per week. Effective Summer 2025, the pay guarantee shall be 25 hours per week. In order to fill unpicked / open summer school work, the Employer may call drivers in inverse seniority

8. Summer Camp Weekly / Daily Guarantee and Rate of Pay. Drivers performing summer camp work shall be entitled to a pay guarantee of 40 hours per week, 8 hours per day at the regular vehicle rate of pay.

9. Paratransit Splits Effective upon ratification, splits on paratransit runs will be capped as follows:

15% of runs maximum 1 hour split 20% of runs maximum 1.5 hour split 65% of runs maximum 2 hour split

10. Reporting Pay Amend the reporting pay provision of the CBA as follows:

Employees are not required to report to work when schools they cover are closed or when their picked run is not operating on pre-planned non-school days. Employees who are required to work, though the pupils they cover are not going to school (e.g., due to illness) shall be paid a minimum guarantee of 3 hours per shift (am and pm) for drivers, and 2.75 hours per shift (am and pm ) for monitors, in addition to the regular daily guarantee.

11. Shuttle Work

Western Connecticut University (WestConn). Shuttle drivers performing WestConn shuttle work will be paid the MOU rates of pay set forth herein. In addition, these drivers will be guaranteed pay for the academic year with a minimum guarantee of 40 hours per week.

Newly Acquired Shuttle work. In the event the Employer acquires new shuttle work for which incumbent employees will not be used, the Employer agrees to meet with the Union within 30 days of acquiring the work to negotiate wages, and other terms and conditions of employment for these non-incumbent employees.

This provision shall only apply to new shuttle work not previously performed by incumbent employees.

Reacquired work (e.g., Manhattanville) shall use incumbent employees under the same terms as any incumbent employee performing shuttle work (see below). Non-incumbent employees performing reacquired work will be paid the same rate of pay as incumbent employees under this section.

Incumbent Employees performing Shuttle Work. Incumbent employees performing shuttle work will receive the school bus rate for drivers, per past practice, set forth herein.

12. Bereavement.

Effective upon ratification, paid bereavement leave provided under Section 15 of the CBA shall be increased by one (1) day to 5 days for immediate family and 2 days for non-immediate family. Employees with substantiated travel requirements shall be entitled to a total of one (1) unpaid day off in addition to the paid leave entitlement. Bereavement must be used within two months of the date of death of a covered relation except that the Employer, in its sole discretion, may be extend this time.

13. Longevity Personal Days.

Modify the Longevity Article of the CBA to reflect that all employees shall receive longevity personal days as follows:

a. 1 personal day after 15 years of service

b. 2 personal days after 20 years of service

14. Holidays

Effective 2024, Juneteenth shall be a holiday for paratransit divers.

15. Union Release Time Modify Article 26 to reflect the following addition: effective upon ratification, the Employer will pay the Union Vice-Chairperson ten (10) hours per week, at the driver’s rate, to perform Union duties.

16. New Schools Assigned Post Pick

Any school assigned after the pick shall pay a minimum 1 hour daily guarantee, per am and pm, or time worked, whichever is greater, in addition to their picked run guarantee.

Employees assigned new work under this section shall receive holiday pay as provided for elsewhere in this Agreement for all holidays contained in the original picked run, regardless of whether the added school is open or not.

17. Pay Practices.

a. Effective July 1, 2024, end of year sick balance cash out shall be paid by separate, stand alone, check.

b. Wages and other payments to employees shall be made weekly unless expressly provided for otherwise herein.

18. Maintenance Tool Allowance. The tool allowance for maintenance employees shall increase $50 per year.

19. Maintenance Shoe Allowance. Maintenance employees shall be paid an annual $200 boot allowance.

20. Holiday Premium Pay.

The employer shall pay charter drivers an additional $100.00 for trips scheduled on Federal holidays.

21. Overtime for Charters. All hours spent performing charter work shall be deemed hours worked (productive) time for the purposes of calculating overtime.

22. Leave Sharing

From time to time, and in extenuating circumstances, the Union and its members may wish donate paid leave time to a member in need of an extended absence. Upon the Union’s presentation of executed donation cards, the Employer agrees to transfer such leave as indicated therein to the member in need to facilitate such absence. The value of the transfer shall be calculated as a dollar amount from the donor to the member in need and then converted to hours based on the donee’s rate of pay.

E.g., Employee A makes $20 per hour and wishes to donate 8 hours to employee B. The value of the donation is $160.00. Employee B makes $30 per hour. The $160 dollar donation will convert to 5.34 hours to Employee B ($160/$30).

23. Night Differential.

The employer will pay night differential to mechanics per the CBA for shifts beginning between the hours of 2pm to 3am.

24. Paratransit Vacation.

Modify paratransit vacation provision to reflect that Employees of paratransit shall be entitled to 4 weeks of vacation upon reaching 11 years of service.

25. Consolidation. The Union demands the company make a representative available at reasonable times to undertake a consolidation and integration of the parties CBA, side letters, MOU, MOA and agreements.

26. Health Insurance. The Employer HSA deposit shall increase $100.00

27. Maintenance Vacation Pick

A) In the six full weeks prior to December 22, in each year of the contract, the Employer shall conduct a vacation pick for the next calendar year for all maintenance employees. The employer shall divide the maintenance staff into six groups of equal number ( or as nearly as possible) and in order of seniority, and allow the first such group to pick its vacation in seniority order in the first week, the second such group in the second week, and so on and so forth until all maintenance employees have selected their vacation days.

B) In the event, a maintenance employee is absent during their designated pick week, they may provide a union officer written instruction containing their preferred vacation weeks, in their order of preference. Such officer, or their designee, in possession of such written instruction may, participate in the pick as the member’s proxy and pick on their behalf. No particular form of writing shall be required. For example, a text message or email from a number or email address known to be that of the member shall be sufficient.

C) The Employer shall provide the full pick to the Union’s representative at the conclusion of the pick.

28. Maintenance Holiday Rotation.

1. The Company will set up a list each year in December for all Holidays for the following calendar year. The Company will also set up a signup sheet for any technicians that are interested in covering those holidays.

2. Should two or more technicians voluntarily sign up for the same holiday, the holiday will be awarded by seniority.

3. Any holidays not voluntarily chosen by the technicians will be subject to mandated coverage by the technicians.

4. The Company will assign holidays by seniority utilizing a “wheel” rotation in which every technician will be mandated to cover once before going back to the first technician on the “wheel”.

5. If a technician is not able to cover their mandated holiday, they may choose to swap holidays with another technician. The swapping of holidays does not change the status of the “wheel” rotation. The “wheel” rotation will progress as originally laid out.

6. The awarded / assigned technician will be paid as per the Collective Bargaining Agreement as it relates to working on a designated holiday, except that these employees working the holiday may elect to receive regular pay for the day worked in addition to a paid comp day to be taken at another time in lieu of Holiday pay.

7. The Company reserves the right to adjust the hours of coverage needed based on business needs, inclusive of extra technicians.

8. At least two (2) mechanics must be working concurrently at all times to ensure the safety of the employees.”

29. Attendance

Paragraph 8 of the Attendance Policy MOU dated December 18, 2019 shall be replaced with the following:

8. The maximum number of occurrences in on a rolling twelve (12) month period is six (6).

The following progressive disciplinary action is to be taken as a result of chargeable occurrences in the rolling twelve (12) month period:

2 occurrences Verbal warning 3 occurrences Written warning 4 occurrences Second written warning 5 occurrences One (1) day suspension and final warning 6 occurrences Termination

1st No call no show Written warning 2nd No call no show Final written warning 3rd No call no show Termination

30. Ratification. The Union and its bargaining committee members warrant that they shall, collectively and individually, take such steps as they reasonably can to promote such approval and ratification.

TRANSPORT WORKERS UNION WHITE PLAINS BUS CO., INC.

OF GREATER NEW YORK, LOCAL SUBURBAN CHARTER SERVICE, INC.

100 of the TRANSPORT WORKERS SUBURBAN PARATRANSIT SERVICE, UNION OF AMERICA, AFL-CIO INC.

By: By:

Luis Fernandez, TWU Chair

By:

Lionnel Blue , TWU Vice- Chair

By: _________________________ Laura McLoughlin, Vice Chair School Bus and Paratransit Division

Gus Moghrabi, Director School Bus and Paratransit

Danny D’Amato, Administrative Vice President

Richard Davis, President

Stephanie Maher, RVP East.