Revised_Exhibit_RR_-_ATU_Local_1433_CBA_.pdf

COLLECTIVE BARGAININGAGREEMENT

BETWEEN

TRANSDEV SERVICES, INC., PHOENIX

DIVISION

AND

AMALGAMATED TRANSIT UNION,

LOCAL #1433

EFFECTIVE July 1st 2025 thru June 30th 2029

TABLE OF CONTENTS

PAGE

Article 1: PARTIES TO THE AGREEMENT…………

Article 2: WITNESSETH………………………………

Article 3: RECOGNITION…………………………………………………………...………….…………………

Article 4: REPRESENTATION……………………………………………………..….………………….………

Article 5: COOPERATION……………………………

Article 6: MANAGEMENT RIGHTS……………………………………………….…………

Article 7: MODIFIED/LIGHT DUTY……………………………………………………………….……………………..

Article 8: PROBATIONARY PERIOD…………………………………………………………….………………………

Article 9: STRIKE AND LOCKOUT……………………………………….………………………………....…………...

Article 10: LEAVE OF ABSENCE………………………………………….………………………...…………………...

Article 11: CHECK-OFF OF MEMBERSHIP DUES…………………………………...…………….……….………….

Article 12: REDUCTION IN PERSONNEL-RECALL……………………….……………...……………………………

Article 13: VACATIONS…………………………………………………………………………………….…………….

Article 14: MANAGEMENT PERSONNEL………………………………………………………..…..….………

Article 15: PASSES………………………………………………............................................................………………...

Article 16: NEW RULES…………………………………………………………………………………………………...

Article 17: MERGER PROTECTION…………………………………………….………………………………………..

Article 18: PHYSICAL EXAMINATION…………………………………………….……………………………

Article 19: DRUG AND ALCOHOL TESTING FOR SAFETY SENSATIVE EMPLOYEES…........…

Article 20: SAFETY………………………………………………………………………………………………………..

Article 21: ACCIDENT/INCIDENT…………………………………………………….………………....………

Article 22: PAYDAYS………………………………………………………………….………………...……..…………

Article 23: DECLARATION OF WAR…………………………………………..…………………

Article 24: LOST ARTICLES AND TAGES………………………………………………………………………

Article 25: COURT APPEARANCE………………………………….………………………………...………………….

Article 26: JURY ASSIGNMENT………………………………………………………………………....…..…………...

Article 27: ADDITIONAL AGREEMENTS………………………………………………………………..……………...

Article 28: ASSIGNABILITY……………………………………………………………………………………………...

Article 29: CONFLICT OF LAW…………………………………………………………………………………………..

Article 30: DISCPLINE/CORRECTIVE ACTION……………………………………………………………..………….

Article 31: ATTENDANCE…………………………………………………………………..……………………………

Article 32: GRIEVANCE AND ARBITRATION………………………………………..………………………………..

Article 33: GENERAL SENIORITY……………………………………………………………..…

Article 34: BEREAVEMENT LEAVE……………………………………………………..………………………

Article 35: SICK LEAVE…………………………

Article 36: HOLIDAY PAY/PERSONAL TIME…………………………………………………………………………..

Article 37: INSURANCE…………………………………………………………………..………………...…………….

Article 38: WORKING OUT OF REGULAR ASSIGNMENT……………………....……………

Article 39: OFF DUTY…………………………………………………………...…….………..…………………………

Article 40: RETIREMENT PLAN/401K PLAN……………………………………………………...……..……………..

Article 41: TRAINING ALLOWANCE……………………………………………………...…….………………………

Article 42: UNIFORMS………………………………………………………….…………..…………………...………...

Article 43: VEHICLE EQUIPMENT………………………………………………………….............................………...

Article 44: TOILET FACILITIES…………………………………………………………………......................………...

Article 45: EXTRA BOARD WORK PROCEDURES………………………………………...……………...…………...

Article 46: DAYS-OFF WORK…………………………………………………………………...………………

Article 47: CHOICE OF WORK ASSIGNMENTS…………………………………………………………….....……….

Article 48: RUN AND TIME REQUIREMENTS………………………………………………......................…………...

Article 49: SPECIAL EVENTASSIGNMENTS………………………………………...…

Article 50: OPERATOR WAGE RATES………………………………………………………...……………..…

Article 51: RETIRED OPERATOR SUPPLEMENTAL INCOME PROGRAM (ROSI)…………......................………..

Article 52: UNION BUSINESS…………………………………………………………………..…

Article 53: DAY OFF WORK PROCEDURES……………………………………………………………….…………...

Article 54: COMMITTEES………………………………………………………………...……………

Article 55: CLIENT DIRECTED REDUCED SERVICE/CASH OUT AND AWARD OF HOLIDAYS………

Article 56: PERFORMANCE BASES INCENTIVE……………………………………………………..…………… Article 57: DURATION-TERMINATION-RENEWAL

VISION STATEMENT

Our vision is to maintain a motivated, positive, flexible and customer-service driven workforce who are self-directed, compensated equitably, safety-oriented and able to work harmoniously, to provide excellent customer service at all levels. Job security through long-term employment shall be enhanced through fair wages and benefits, coupled with flexible compensation which rewards employees for cost savings, waste reduction and methods of expanding profits.

The goals set for this effort would be a highly respected, cost competitive, internationally and nationally recognized Transit Company that is aware of the need for continuing dedication to customer service and continuing growth through employee involvement in all areas of the company's day-to-day operation of the business. All employees will be encouraged to participate in job-related training or college classes in order to perform multiple tasks, to increase their value to the company and to increase their sense of pride and ownership in the company's goals and challenges.

The final reward will be the success of the company through employee participation through the Partnering concepts and safe, cost-competitive service in order to provide excellent customer service that will set the standard for the mass transit industry.

ARTICLE 1

PARTIES TO AGREEMENT

This Agreement is made and entered into this July 1st 2025 between Transdev Services Inc., Phoenix Division herein referred to as the “Company,” and Amalgamated Transit Union Local 1433, hereinafter referred to as the “Union,” collectively known as “the Parties.” Unless otherwise specified in this Collective Bargaining Agreement, all provisions will take effect upon date of ratification.

It is agreed that the Parties may, upon ninety (90) calendar days written notice open the Agreement for the purpose of re-negotiation of the requested Articles or Sections, should both Parties agree to re-open. Any changes to the Agreement language shall require a majority ratification vote of the Union in order for the change to be adopted.

Should the Parties fail to reach agreement on a change to the Agreement during any said re-opener, the Article(s) in question shall remain unchanged.

ARTICLE 2

WITNESSETH

The welfare of the Company and its employees alike is dependent upon the character and efficiency of service rendered by the Company to the public.

Improvements in service, and economy in operating and the maintenance expense are promoted by cooperation between the Company and the Union. When the parties responsible for better service and improved efficiency share fairly in the benefits resulting from their joint efforts, further improvements are encouraged.

The purpose of this Agreement is to provide an understanding between the Parties as to hours of labor, wages and basic working conditions and to establish a means of settling grievances, disputes, and controversies arising between the Company and its employees.

The Parties hereto contract and agree as follows:

ARTICLE 3

RECOGNITION

Section 1: The Company recognizes the right of its employees to bargain collectively through representatives of their own choice, and recognizes the Amalgamated Transit Union as the exclusive bargaining representative of all its employees covered by this Agreement.

Jurisdiction of the union and the appropriate unit for collectively bargaining are defined as embracing all operating employees included within the classification of employees as set forth in the Wage section of this Agreement.

Section 2: The Company and the Union each agree that there shall be no discrimination by either party against any employee, Union member, or any other individual because of race, color, religion, gender, national origin, age, sexual orientation, gender identity, marital or veteran status, the presence of a non-job-related medical condition or disability, or any other legally protected status. The Parties each agree to comply fully with all the provisions of the Federal, State and Local Labor and Employment Laws, and all other laws pertaining to employment on account of any prohibited factor, as the same may from time to time be in effect and applicable to it, as well as all other similar laws.

Section 3: When the term "employee" or the masculine gender is used in this Agreement, it shall mean an employee coming within the scope of this Agreement and shall encompass both the male and female gender.

When the term “employee” or “operator” is used, they shall have the same meaning and are interchangeable.

Section 4: Definitions:

Domestic Partner- for all purposes under this collective Bargaining Agreement the parties agree to define domestic partners as individuals in a same-sex or opposite sex relationship with the employee where the relationship satisfies one of the following requirements:

The couple has registered the domestic partnership with a governmental body per state or local law or, The couple is in a committed long-term relationship and each partner is at least eighteen

(18) years of age, share a common residence, (cohabitating for at least six (6) months per year), is jointly responsible for one another’s living expenses, is capable of consenting to the relationship, is not married or is not a party to another domestic partnership and is not related by blood in any way that would prevent them from being married in their state of residence or, verification can be by registration certificate, license, or other legal document or the form of certification used by the Parties.

It is agreed between the Union and the Company that the following terms apply:

A. Business Days: Monday-Friday and excludes weekends and holidays.

B. Calendar Days: Each day of the calendar year.

C. Days not specified will default to “calendar days.”

ARTICLE 4

REPRESENTATION

Section 1: It is mutually agreed that all business pertaining to this Agreement shall be transacted between the properly accredited officers or agents of the Company and the regularly elected officers of the Union, and duly appointed Stewards and committees thereof; composed of Operators of the Company, or an international officer of the Amalgamated Transit Union, or an attorney duly licensed to practice as such, on all questions that may arise under and within the terms of this Collective Bargaining Agreement.

Section 2: The Union agrees to furnish the Company with an up-to-date list of all officers, Stewards and committee members and will immediately notify the Company of any changes hereto.

Section 3: The Union shall be given the ability to address the students in each training class up to sixty (60) minutes per training class. This will be at a mutually agreed upon time. The purpose of this presentation is to provide Operators with information regarding the Amalgamated Transit Union on both a local and national level and to provide information on the Collective Bargaining Agreement, dues structure, and other specific benefits the Union offers..

Section 4: The Union will continue to use the same size bulletin boards as it has been using for the duration of this

Agreement for the posting of official Union notices, meetings and all other matters pertinent to the Union. The boards will be placed in the Operator break rooms. The Union will have sole access and control of the Union bulletin boards. Such notices will not include religious, political, derogatory, inflammatory or discriminatory notices. The Union agrees that the bulletin board will not be used to intentionally post any material derogatory of the Company or its Clients. Union officials will be granted access to maintain the Union bulletin board. If a posting becomes a concern the Union will remove it and meet with the Company in an expedited meeting.

Section 5: Union Officials or their representatives not employed by the Company will contact the appropriate

Company Officials prior to their arrival at any Company work site and must follow the same rules and regulations as visitors (obtain visitor pass, sign in and out with Security etc.).

Section 6: Union officials (excluding full-time officers) and/or Operators designated to serve on or be part of any committee (i.e. Scheduling, Safety, Extra Board, Uniform, Wellness, Labor/Management) shall be paid for all time spent in the performance of theses duties. In addition, theses members will not suffer any loss of wages or benefits due to involvement with these committees. It will be considered as authorized Company paid time.

Section 7: The Company shall be given twenty-four (24) hours prior written notice by the Local Union on all requests for Union Officials and Operators to be pulled from their assigned duties with the Company.

The twenty-four (24) hour requirement may be waived upon mutual agreement between the Company and Union.

Section 8: The Officers or the Stewards of the Union for this property shall be permitted reasonable time to investigate, present and process grievances on the company property.

Section 9: Anytime notification is required between Parties it will be made to one another in writing either by e-mail, or U.S. mail. The Parties seek to improve communications through face-to-face meetings, including labor-management meetings. See Article 54. In addition, to improve the efficiency of written communication, the Parties agree to commit to use email for communication, except as provided below.

a. Each Party will designate at least one (1) email address to which the other Party may transmit email.

The Parties will establish the appropriate methods and personnel to send and or receive such communication.

b. The Parties will strive to assure that all email and other written communication is professional and will avoid inappropriate language, sarcasm or personal attacks. Further, timeline expectations for all written responses will be realistic and reasonable. If this provision is not honored, the Parties will meet within ten (10) days to discuss the challenges and if not resolved, a Party may elect to send and receive written communications by mail.

Section 10: When members are to be chosen to represent the Operators of the bargaining unit for any committee, the

Union President/Business Agent or designee shall appoint them.

ARTICLE 5

COOPERATION

A spirit of cooperation between the employees and Company is essential to the efficient operation. All Parties involved in the application, administration and abiding by this Agreement shall conduct themselves as to promote cooperation. The responsibility for a successful relationship rests equally with the Company and the employees. In this spirit, the Company and the Union agree that they will abide by the following:

A. Provide fair treatment of said employees.

B. Provide for the amiable adjustment of disputes which may arise out of the application or interpretation of this Agreement.

C. Labor-management meetings shall be held at least quarterly to consider and endeavor to settle any and all complaints, grievances, and differences that may arise during the life of this Agreement. A mutually agreed upon annual schedule will be created to ensure availability of parties.

D. All employees shall strive to treat each other with respect and offer full support in the performance of their duties.

E. Mutual interest is enhanced when the parties work jointly to resolve those issues that affect the Company and its employees.

F. The employees shall strive at all times to perform their duties in an efficient manner; they shall operate and handle the Company's equipment and facilities carefully, safely and with the utmost regard to the safety of passengers, the general public and the equipment entrusted to their care; they shall operate and handle the Company's vehicles at all times in full compliance with the current traffic laws and rules of the Company; they shall give the riding public courteous and respectful treatment at all times, to the end that the Company's service may improve and grow; and they shall at all times to use their influence and best endeavors to preserve and protect the interest of the Company and cooperate in the promotion and advancement of the Company's interest.

ARTICLE 6

MANAGEMENT RIGHTS

The Union recognizes the right of the Company to determine its policies and to conduct, manage and control the operation of its business so long as the above does not conflict with any provisions of this Agreement. The Company will keep posted on the bulletin board, an up-to-date list of appointments of local supervisory personnel to whom the Operators are subject to report.

Management has the right to determine the number of employees it will retain in its service at any time.

ARTICLE 7

MODIFIED/LIGHT DUTY

Section 1: The Company, if work is available has a light duty program for Operators who have received a work related injury. The Company shall determine availability of work. Such program shall be directed towards bringing the injured Operator back to work in a capacity that will be beneficial to the employee and the Company. All light duty assignments are temporary and subject to change without notice.

Compensation for light duty assignments shall be at the Operator’s regular rate of pay. Eligible Operators are those Operators suffering an on the job injury, for which injury is covered by Arizona Workman’s Compensation, and resulting in their inability to perform the essential duties of their position. The

Company shall determine the length of such light duty assignment and also the number of light duty assignments at any one time.

Section 2: Availability of light duty positions will be offered to Operators based on the time and date of injury. As long as an Operator is able to perform the light duty assignment as approved by the Operator’s assigned doctor no Operator will be passed over for assignment. Assignments shall not exceed a maximum of ninety (90) days with a possible twenty-eight (28) day extension.

Section 3: The Company shall determine the hours of Light Duty Assignments in accordance with the Doctors restrictions.

Section 4: An Operator while on light duty will suffer no lost benefits (sick, vacation, or floating holidays accruals).

Section 5: All light duty assignments will consist of a minimum as prescribed by the treating physician and a maximum of eight (8) hours per day. They will have at least two (2) paid fifteen (15) minute breaks and one (1) unpaid lunch of one half (1/2) hour.

Section 6: Doctors’ appointments for the injury which qualified the Operator for the light duty program may be scheduled during their scheduled work time but the Operator shall not be paid.

Section 7: Absences from work while in the light duty program shall be subject to the Attendance Policy contained in the Agreement.

ARTICLE 8

PROBATIONARY PERIOD

Section 1: The probation period is to provide a trial period in which the Company can judge the new employee's ability, competency, fitness, and other qualifications, to perform the work for which he is employed.

Such probationary period shall be ninety (90) calendar days.

Section 2: Unless excluded elsewhere in this Agreement, all rights, benefits and privileges, including the application of grievances and arbitration procedure, shall be applicable to probationary employees, except the judgment of the Company regarding a probationary employee's termination shall not be subject to the grievance and arbitration procedure.

Section 3: The Company shall have the right to determine the length of the training period.

ARTICLE 9

STRIKE AND LOCKOUT

Section 1: Neither the Union nor the Bargaining Unit employees will engage in any strike, slowdown, work stoppage, sympathy strike, bannering or any other type of demonstration or any concerted action of any kind that would interfere with operations of Transdev Services, Inc., Phoenix Division; provided, however, no employee shall be discharged or disciplined by refusing to cross a legal primary picket line.

In addition, this prohibition will not be effective based upon the Company’s refusal to abide by the terms and conditions of the grievance and arbitration process of this Agreement.

Section 2: The Company agrees that there shall be no lockout of the Operators covered herein.

Section 3: The primary purpose of this Article rests in the mutual desire of the parties to this Agreement to provide uninterrupted transportation service to the citizens and residents served by the Company by resolving disputes through the grievance and arbitration process.

ARTICLE 10

LEAVE OF ABSENCE

Section 1: The Company agrees that upon request, the officers and representatives of the Union shall be granted leave of absence to transact the business of the Union, provided reasonable notice shall be given, and their seniority and all other rights with the Company shall not be affected due to their absence.

In the event any Union official is appointed or elected to a full-time position with the Union, the Union may request that the company keep the official on the Company payroll for the purposes of benefit continuation.

The Union shall be responsible for reimbursing the Company for the cost of all taxes and wages paid, benefits, vacation pay, and sick leave accrual. Reimbursement shall be made by deducting from the monthly dues check the amount from the previous month’s invoice. The Company agrees to provide a report showing the gross dues withheld and the details supporting the wage and benefit set off along with the net dues remittance. Said report shall be sent electronically to the e-mail address of the Union’s choosing in advance of the actual remittance.

In the event the dues check off is not sufficient in an individual month to completely offset the wages and benefits, an invoice will be sent promptly to the Union and shall be payable by the last Friday of the month.

The Union official will be responsible for the employee cost of those benefits borne by other employees

(i.e., employee pension and dependent health insurance contributions etc.).

The Company will afford the elected or appointed officer all seniority rights set forth in this Agreement while they are serving in this capacity. Additionally, the Company will also pay out any sick leave cash out, vacation pay, or floating holidays that the full-time officer earned or accrued while classified as an Operator.

Section 2: Personal Leave.

An Operator may be granted a leave of absence for a good and sufficient reason for a period not to exceed ninety (90) consecutive days by mutual agreement. Applications for leaves of absence must be in writing, stating the reason for the request and specifying the number of days desired. Such leaves shall be without pay and without loss of seniority.

If such leave is for more than thirty (30) days, the Operator, in order to maintain his insurance coverage must make the required contributions in advance.

An Operator on leave of absence as provided for in this section must secure from the Company, a letter showing the leave is permitted and such letter shall also show the termination date of such leave. A copy of the application and the letter of permission shall be furnished to the Union.

Disability or Sick Leave, Benefits, and Accruals: The following will apply to all sick or disability leave:

A. Operators with more than one (1) year of service who are off on a bona fide leave of absence, due to illness or disability that exceeds six (6) months, may continue his insurance coverage by paying the total premium as established on a group basis, each month in advance.

In the event he has not returned to work at the end of six (6) months (unless Operator is out on an approved Workman’s Compensation claim or out on disability) from the date he last worked, he shall be dropped from the employment and seniority rolls, subject to the Company engaging in the interactive process and offering reasonable accommodations to persons with disabilities. Operators out on approved Workman’s Compensation or disability, shall not be dropped from employment until after twelve (12) months; provided, however, an extension(s) may be granted due to disability, if justified. The Company will offer reasonable accommodations to those persons with disabilities, including accommodations that involve seniority, leave of absence and/or any other term and condition of employment.

B. No holiday or vacation pay shall continue for an Operator on sick or disability leave that exceeds three (3) months, unless such leave is for industrial reasons (See article 13, Section 1) and further, no sick leave or lost time benefits shall accrue or continue after he has expended that available to him at the beginning of such sick or disability leave.

C. The Company may use a 3rd party administrator to administer FMLA, however the administrator is not a party to this agreement.

Section 3: Any Operator, at his option, may return to work prior to the expiration of his leave of absence. Operators returning from leave of absence prior to expiration of said leave shall notify the dispatcher before 2:00 p.m. the day prior to displacing employee involved (excluding Saturdays, Sundays and holidays). Copies of such notification shall be sent to the proper union official. The dispatcher or designee shall give notification of displacement to Operator involved.

Section 4: Operators on leaves of absence for personal reasons, who accept other employment, shall be considered as having resigned.

Section 5: An Operator on sick or industrial leave must keep the Company advised of his current address and telephone number, and give status updates to the Company every fifteen (15) calendar days (unless applicable law provides for more or less notice), or upon the expiration of a doctor’s note submitted.

Should the employee not comply with giving Company said status updates in accordance with applicable law or this paragraph, the Operator could be dropped from the rolls and considered a voluntary resignation.

Section 6: If an Operator of the Company shall enlist or be drafted into the Armed Forces of the United States, such

Operator shall be granted a leave of absence without loss of seniority and in the order of his seniority shall take precedence over other Operators of the Company in his former line of work provided application for reinstatement is made within thirty (30) days after his date of discharge from such Armed Forces and he can meet the qualifications and requirements for the position that are in effect at the time of his return (excluding any additional formal educational requirements).

Section 7: Any Operator who accepts a position with the Company, outside the bargaining unit, shall be granted a three (3) months leave of absence, and upon his return to his regular work, he shall be reinstated to his former position without loss of seniority. In the event such employee continues in said position beyond the three (3) months period, he shall forfeit his seniority rights. The Company shall notify the Union within five (5) working days of all bargaining unit persons who accept non-bargaining unit duties with the Company and the approximate duration of the same.

Section 8: The Company and Union agree to jointly encourage those Operators off on disability, industrial or non-industrial to return to their duties at the earliest possible date, and to work to provide reasonable accommodations to those persons with disabilities.

Section 9: The Company will notify Operators in writing (if possible) if they will be required to perform or have any requirements completed prior to returning to work from any leave of absence. The notification will be done at the beginning or upon approval of any leave and a copy provided to the Union. Failing to provide said notice to the Operator will not suffer any loss of pay due to the lack of notification.

ARTICLE 11

CHECK-OFF OF MEMBERSHIP DUES

Section 1: The Company agrees to deduct from the wages of any Operator included in the bargaining unit, the regular monthly membership dues of the Union and initiation fees or other authorized assessments levied in a legal manner or the service fee equivalent, and will deposit such dues and assessments, and service fees into the union bank account on or before the fifteenth (15th) calendar day following the date in which dues or service fee equivalents are withheld from wages.

The Union agrees that no changes/corrections will be made after the file has been submitted to the

Company for processing with the exception of:

a. Operator who terminates from employment;

b. Operator submits a timely revocation of their Dues Checkoff Agreement

Section 2: The individual authorization or directives shall contain authorization for deduction of requested monthly membership dues, initiation fees, assessments, or the service fee equivalent. In addition, the individual authorizations will specify when a member will be eligible for withdraw from Union Membership.

Section 3: The Company agrees to deduct from the paycheck of each Operator who has so voluntarily authorized it, contributions to the ATU Committee on Political Education (COPE), contributions and uniform assessments as required, and forward to the Union by the twenty-first (21st) of the month. The Union agrees to indemnify and save the Company harmless from any and all liabilities resulting from compliance with this Article.

ARTICLE 12

REDUCTION IN PERSONNEL - RECALL

Section 1: In the event of a reduction in the workforce due to a loss of service hours or other similar directive under the client agreement, the Company, when a layoff becomes necessary, will lay-off in the inverse order of seniority provided; however, thirty (30) working days’ notice (unless there is a legitimate emergency and/or act of God) will be given before any such layoffs. Operators so laid off will retain recall rights and accumulate seniority rights during such lay-off. Recall rights will expire after one (1) year from the date of lay-off.

Section 2: When the regular forces of the Company are increased, eligible Operators of the Company who were laid off and still have recall rights shall be recalled in the reverse order in which they were laid off.

Section 3: In the recall of persons, the following procedure shall be followed:

First: The Company will attempt to notify each person to be recalled to report for work by registered U.S. Mail (return receipt requested). Such letter shall be directed to the last known address of such person, and a copy thereof shall be furnished to the Union. By so doing, the Company shall have discharged its notice obligations under this Article.

Operators who were laid off must keep the Company and the Union supplied with a correct and up-to-date mailing address or risk forfeiture of their seniority and recall rights hereunder.

Second: Persons so notified to report for work must report for work within fifteen (15) days of mailing of letter or lose their seniority and recall rights hereunder. Persons so notified shall have five (5) days after receipt of notification to advise the Company of their intent.

Section 4: Persons recalled under the provisions of this Article must be able to perform the then existing work requirements of the Company. It shall be the responsibility of the Company to retrain any recalled personnel on all new equipment.

ARTICLE 13

VACATIONS

Section 1: All Operators covered by this Agreement shall be entitled to an annual vacation as provided herein, vacations earned in any one year shall be taken the following year provided the Operator shall have worked at least eighty percent (80%) of his regularly assigned work during the qualifying year. Any Operator covered by this Agreement who has worked less than eighty percent (80%), of his regularly assigned work shall have his vacation pro-rated accordingly.

When an Operator is absent from duty due to an illness or injury incurred while performing his duties and when such illness or injury is covered by the Arizona Workmen's Compensation Act, such time lost shall apply toward the minimum number of hours required toward earning a vacation, provided, such absence shall not exceed a period in excess of six (6) months.

Time lost by Officers and Stewards of the Union while attending to Union duties shall be considered as time worked for vacation purposes only.

Section 2: For purposes of this Article only, Operators working the Extra Board shall be deemed to have performed their regularly assigned work on all days on which they presented themselves as available for work under the terms of this Agreement even though they did not receive work on all occasions when so available.

Section 3: Annual vacation shall be as follows:

A. For continuous service prior to the first of January following date of employment, pro-rata of one (1) week and may use their time as floating vacation days.

B. For the following full year of service, one (1) week.

C. For the next two (2) full years of service, two (2) weeks each year.

D. After four (4) full years of service, three (3) weeks each year.

E. After ten (10) full years of service, four (4) weeks each year.

F. Employees with twenty (20) full years of service five (5) weeks each year.

G. Employees with twenty-five (25) years of service six (6) weeks each year beginning 2028

Section 4: Vacation pay shall be as follows:

A. Regular Operators shall receive the same pay as he would receive if he worked his regular assignment during the vacation period.

B. Operators working the Extra Board shall receive vacation pay based on forty-five (45) hours per week.

C. Floating vacation days will be paid at run time.

All floating vacation days will be paid at run time. Cash out for partial days will be Calculated based on run time.

Section 5: The Company shall post vacation schedules not later than December 1st each year together with a seniority list. The Company shall determine the number of Operators who can be off at any one time and establish the slots of vacation in accordance with the eligibility provisions of this Article; provided, however, that not less than twenty (20) vacation slots shall be scheduled each week during the year.

Should the Company determine, that additional Operators may be off at any one time or vacation slot exists, such vacancies shall be bid in by seniority. Each Operator shall bid a vacation in accordance with his seniority.

Section 6: Vacations are not cumulative and must be taken in the year succeeding the period in which they are earned.

Section 7: Operators may take their vacation days consecutively or in equal parts of five (5) days each.

Section 8: Operators entitled to more than ten (10) days’ vacation may use five days as floating vacation days.

Operators entitled to four (4) weeks or more vacation may use ten (10) days as floating vacation days.

In the event an Operator has not used his floating vacation days by the end of the year, their remaining days shall be paid out. (Up to a maximum of five (5) days per year, at Run Time Payout for the remaining days shall be disbursed no later than the last pay day in the month of January.

The Company will make available each day all open slots for floating vacation days for the remainder of the current year. Operators will be responsible for making sure their floating vacation days that they wish not to cash out are scheduled prior to the end of the year.

Section 9: No vacation or vacation pay shall be allowed any Operator who leaves the Company for any reason during his probationary period.

Section 10: Operators leaving the Company for any cause shall be entitled to their earned vacation on a pro rata basis.

Section 11: When an illness or injury occurs that will conflict with a vacation schedule, a vacation may be rescheduled to an open slot (if work conditions permit) upon Operator's request and approval of Operator's department head. If conditions do not permit, vacation pay will be paid as scheduled with sick pay benefits saved for those days in which Operators are off due to illness or injury and are not already covered by vacation pay. When vacation pay is used for sick leave purposes, as outlined above, the Operator shall be allowed to take the used vacation time unpaid at a later date (if work conditions permit and seniority is not violated).

Section 12: An Operator will be allowed to cash out any scheduled vacation days if Operator accepts the Company’s request to work in lieu of the scheduled vacation. The Company’s request will be done by bulletin and offered to all Operators in the selected period who have scheduled vacation. The awarding of payout will be done in seniority order.

ARTICLE 14

MANAGEMENT PERSONNEL

Management personnel, dispatchers, office help, and supervisory forces of any department or mechanics shall not operate buses in scheduled line service or charter service; as long as operators covered by this Agreement are available and willing to work (refer to Extra Board Work Rules and Procedures). However, in order to avoid an immediate delay in service to the public, a non-operator employee may drive for up to one (1) hour before being relieved by a bargaining unit operator.

ARTICLE 15

PASSES

Section 1: Upon completion of ninety (90) calendar days of service, each full-time Operator shall be issued three annual passes per household. (Transferable up to four (4) times per calendar year). All retirees will receive one (1) annual pass when requested.

Section 2: An Operator leaving the service of the Company for any reason shall return any annual passes.

ARTICLE 16

NEW RULES

Section 1: The right of the Company is recognized to make reasonable rules that govern the operations of its business, which do not conflict with this Agreement.

Section 2: When new rules are to be adopted by the Company, the Company shall meet and discuss the intent and purpose of the rules with the Union, prior to implementation.

Section 3: All existing rules of the Company are to be updated and incorporated in the Operators manual at least yearly. Between updates the Company will post all new rules as required by this article. If no updates are necessary; the manual will be extended to the next year.

Section 4: The Company shall not issue any rule or regulation that conflicts with or violates any provision of this

Agreement or establishes any hours or conditions not covered herein.

Section 5: All new rules prior to being enforced will be posted for no less than fifteen (15) business days prior to the effective start date of the new rule.

ARTICLE 17

MERGER PROTECTION

In the event any transit company, route, service, schedule, or any part thereof, is transferred to, consolidated or merged with Transdev Services Inc., Phoenix Division, it is agreed that not more than the number of employees required to perform the work involved will accompany such transfer, consolidation, or merger. Such employees transferred shall become part of the Transdev Services Inc., Phoenix Division Operator seniority roster by the “dovetail” method of merging their respective seniority. Such employees shall not suffer any loss of seniority, vacation or other rights or benefits as a result of such transfer of employment.

ARTICLE 18

PHYSICAL EXAMINATION

Section 1: All physical examinations required as a condition of continued employment shall be made by a physician selected by the Company and paid in full by the Company, except employees returning from sick leave (excluding Workers’ Compensation) may be required to provide, at their cost, medical evidence from their physician indicating their ability to return to active status. Employees wishing to use a doctor (other than the Company contracted doctor) to perform their required D.O.T. exam will pay for the cost of the exam through their medical insurance and will be subject to any related deductible and co-pay. In all cases, only doctors found on the National Registry of Certified Medical Examiners, currently found at www.nationalregistry.fmcsa.dot.gov will be used to perform the exam.

Section 2: The Company may at its expense, at any time, for reasonable cause, require a physical examination by a doctor of its choice to determine the physical fitness of an Operator for continued employment. An Operator so examined, may, if he takes exception to the results of the examination, be examined at his own expense by a doctor of his choice to verify the findings of the doctor designated by the Company.

If the findings of the two doctors are not in agreement, a third doctor, selected jointly by the Operator and the Company, may examine the Operator.

The majority opinion of the three doctors will be accepted as final, by both the Operator and the

Company. The cost of the third doctor shall be borne equally by the Company and the Operator.

Section 3: In the event an Operator fails to pass a physical as required by the Company, such Operator will be advised of the reason for his failure to pass and will be provided with a copy of his examination by the examining doctor.

Section 4: Failure of an Operator to take his required DOT physical examination and submit necessary documentation within five (5) calendar days prior to the expiration date may result in progressive discipline. Failure of an Operator to take his required DOT physical examination and submit necessary documentation within five (5) calendar days will result in removal from service (unpaid) until such time as the required physical exam is taken and necessary documentation is submitted to the Company/motor vehicle department. Failure to take the required physical exam within ten (10) calendar days after the expiration is grounds for termination.

Section 5: The Company agrees to pay actual time for an Operator’s FMCSR required DOT physicals (i.e, 3-month, 6 month, 12-month, 18 month) but will not include travel time. The Operator will be responsible to provide the Company with a time in and time out from the Company physician. The physical must be conducted at a place sponsored by the Company (example Concentra).

Section 6: It is agreed and understood by all parties that when an Operator in the bargaining unit cannot obtain a

D.O.T. medical certification for any reason, such employment status will be handled on a case-by-case basis between the Company and the Union with final decision being rendered by the Company.

Section 7: If the Operator requests it, the Company will fax and/or mail a copy of the Operator’s medical forms to the medical division of the D.O.T. If an Operator fails to complete their physical within ten (10) days prior to its expiration, the Company will still fax and/or mail the medical forms (if requested) to D.O.T.

but it is the Operator’s responsibility to make sure they receive it prior to their expiration of their current forms.

Section 8: The Company's sponsored medical provider will give all Operators a copy of their D.O.T. medical forms prior to leaving the examination site.

ARTICLE 19

DRUG AND ALCOHOL TESTING FOR SAFETY SENSITIVE EMPLOYEES

The Company Drug and Alcohol Policy as it pertains to safety sensitive Operators are incorporated into this Agreement by reference. The Union agrees to this portion of Company’s Drug and Alcohol Policy which is a no tolerance policy and a refusal or positive test as outlined in the federal regulations will result in discharge. The Parties agree to be bound by the Federal Transit Administration and the U.S. Department of Transportation regulations regarding drug and alcohol testing. The policy as required from time to time must be modified to comply with these regulations.

The Company and the Union are committed to having a drug-free workplace. The parties also agree to be bound by all current and future federal requirements as outlined in the Federal Motor Carrier Safety Regulations for drug and alcohol testing.

All Operators will be offered Union representation when the Company conducts all reasonable suspicion and post-accident testing. If the employee declines representation, they will sign a Union Representation Waiver form.

However, under no circumstances will the collection be delayed for representative to arrive. Suspicion is not reasonable unless based upon specific, contemporaneous and articulable observations concerning behavior speech or appearance of a safety sensitive employee and observed by trained supervisory personnel.

All drug and alcohol testing will be administered by an independent third-party tester. There will be no interference or involvement from the Company or the Union once the testing procedures have started.

Any Operator who is suspended from work pending test results will be paid until the results are known. After the results are known, the Company shall determine if any discipline is necessary.

To help achieve a drug and alcohol-free workplace and encourage any Operator with related problems to self-refer, the Company offers a free and confidential Employee Assistance Program (E.A.P) to all of its employees. If referred to a recovery program and released to work the Operator will be subject to return to duty testing and follow up testing for a minimum of thirty-six (36) months. Self-referral must occur prior to any notice of required random, post-accident, or reasonable suspicion testing.

ARTICLE 20

SAFETY

Section 1: The Parties recognize that accident/incident prevention work is paramount to the safe operation of the

Company's transportation system and that safety programs, safety meetings and general accident prevention work is mutually beneficial both to the Company and to its employees. The Union, therefore, agrees that it will encourage the employees to cooperate with the Company in such safety work and will urge them to attend all safety meetings held and conducted by or for the Company and to take an active part and interest in accident and incident prevention work. There will be at least 8 hours of TREC training annually. In addition, the company will schedule four (4) safety meetings a year scheduled at times at both yards to help facilitate employee attendance. In the event that there is a need for more safety meetings, the company will contact the union in advance and if requested, meet and discuss the need for the additional safety meetings. Employees that attend TREC and all four one-hour safety meetings will have two (2) attendance occurrence removed.

Section 2: The Company and Union agree to continue their efforts to prevent injury to employees and passengers.

Section 3: The Company and the Union will comply with all safety rules promulgated by the city, state, and federal government, which apply.

Section 4: The Company will provide safe vehicles to be operated by their employees.

Section 5: The Company agrees to review driving records of each Operator on their anniversary date.

Section 6: The Company will furnish a “high visibility safety vest” and replacement vests (at the Companies expense, to each Operator. With respect to wearing a vest, and/or Operators buying their own high visibility vest either safety green chartreuse or orange, the following shall apply:

a. An Operator will wear a vest at the following locations:

1. While in the bus yard

2. When outside a vehicle and in moving traffic (e.g., bus breakdown, putting out cones, etc.)

3. Any time while on duty and out of the vehicle at any transit center.

b. An Operator will not be required to wear a vest at the following locations:

1. While inside a building

2. While driving

3. While in the employee parking lot

Failure to wear/utilize said vest as prescribed, will lead to basic standard progressive discipline

ARTICLE 21

ACCIDENT/ INCIDENT

Section 1: All Operators are required to fill out accident/incident reports following any accidents or incidents.

All Operators will fill out the reports as soon as possible following the accident/incident. All accident/incident reports must be turned in no later than twenty-four (24) hours; days off by contract excluded (vacation, sick, holidays, etc.). Operators will be paid actual time but no less than twenty (20) minutes per accident/incident report provided they are permitted to make the report at the garage where they complete their day's work. Additionally, Operators instructed to provide supplemental reports will be paid actual time to do such.

All Operators required to make such a report at any place other than specified above, shall be paid for the actual time required, including travel time.

Section 2: Accidents/incidents will be judged by the Company as to preventability or non-preventability within fifteen (15) business days after the accident/incident occurs. Notification of a determination of preventability will be furnished to the Operator and at the same time the Union.

Operators requesting to have their accident heard at the ARB may do so in writing when signing the preventability form.

If an accident/incident is judged preventable and then reversed by the Accident/Incident Review Board, the Operator who has been assessed a penalty shall be reimbursed any wages lost due to penalty by the Company. In the event of termination, the Operator will be reinstated with full seniority; benefits and lost pay, and their record changed to reflect a non-preventable.

If an accident/incident is judged preventable by the Accident/Incident Review Board and is contested, it will be handled through the grievance an arbitration procedure outlined in Article 32.

Section 3: The Accident/Incident Review Board shall consist of three (3) representatives: one (1) from the

Company, one (1) from the Union and a mutually agreed upon Safety Specialist (DPS, National Safety Council, etc.) The Accident Review Board will be held every month, if cases are pending, and will not be restricted to 28-31 days from the previous month ARB.

Section 4: Any Operator may, at their own option, and on their own time, submit supplementary reports in order to provide new or additional material pertinent to the case. The Operator must submit all additional material no later than seventy-two (72) hours prior to the Accident/Incident review board meeting.

The Safety Department shall post and notify the Operator and Union, in writing, by memo of the scheduled date of the Accident/Incident Review Board no later than ten (10) business days prior to the meeting, unless the accident results in termination of an Operator.

In cases in which the Accident/Incident…