WPBC TWU-Collective Bargaining Agmt -1997-2023.pdf

Collective Bargaining Agreement

Between

White Plains Bus Co., Inc., Suburban Charter Service Inc., &

Suburban Paratransit Services, Inc.

And

Local 100, Transport Workers

Union of America, AFL-CIO

1997- 2023

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 PARA TRANSIT SERVICE, INC. ("SPS") (collectively "the

Company"), are parties to a collective bargaining agreement effective from July 1, 2013 through June 30, 2018 (the "Prior CBA"); and

WHEREAS, as a result of a stock purchase transaction and other corporate action, the

Company, as of June 30, 2018 now operate solely as WHITE PLAINS BUS CO., INC., doing business, in co1mection with its paratransit operation as Suburban Paralransit

St!rvict:, as affiliated with NA TI ON AL EXPRESS TRANSIT CORPORATION (the

"Company"); and

WHEREAS, the Union and the Company 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:

1. The parties agree to a successor collective bargaining agreement to be effective from July 1, 2018 through June 30, 2023 (the "CBA").

2. Unless specifically set forth otherwise in this MOU, the effective date of all changes to the provisions of the Prior CSA shall be on the date of ratification of the MOU

(the "Ratification Date").

3. (a) On a date which is no more than two (2) weeks after the Ratification Date, the

Company shall pay to all employees the first installment of a Ratification Bonus, i.e., 50% of that Ratification Bonus in the following amounts by employee classification:

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Monitors $75.00

Van Driver $175.00

ParaTransit Driver $300.00

Bus Driver $200.00

Mechanic $425.00

On May 10, 2019, the Company shall pay to all employees the second installment of a Ratification Bonus, i.e., 50% of that Ratification Bonus in the following amounts by employee classification:

Monitors $75.00

Van Driver $ 175.00

ParaTransit Driver $300.00

Bus Driver $200.00

Mechanic $425.00

(b) Section S(A) (Rates of Pay) shall be modified to provide for wage rate increases across the board to be effective as follows:

i. Fl'fot:tivc Januar")· 1, 2019 amJ retroactive to that date, a wage increase of 1.0%. for all employees other than Monitors ("Non-Monitors") and 1.5% for Monitors.

ii. Effective July l, 2019, a wage increase of 1.25% for Non-Monitors and 1.25% for Monitors.

iii. Effective January 1, 2020, a wage increase of 1.25% for Non-Monitors and 1.25% for Monitors.

iv. Effective July 1, 2020, a wage increase of 1.375% for Non-Monitors and 1.25% for Monitors.

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v. Effective January l, 2021, a wage increase of 1.375% for Non-Monitors and t.25% for Monitors.

vi. Effective July 1, 2021, a wage increase of 2.125% for Non-Monitors and 1.5% for Monitors.

vii. Effective January 1, 2022, a wage increase of 2.125% for Non-Monitors and 1.5% for Monitors.

viii. Effective July 1, 2022, a wage increase of 2.5% for Non-Monitors and 2.25% for

Monitors.

1x. Effective January l, 2023, a wage increase of2.5% for Non-Monitors and 2.25% for Monitors.

4. Section 5(A) (Rates of Pay) shall be modified to provide that:

The hourly rates of pay for employees with less than one (l) year of service as of the date of ratification of this Agreement shall be $2.00 less than top rate. Current employees shall receive pay according to their longevity under this provision (i.e. , each employee with more than one ( 1) year of service as of the date of ratification of this Agreement shall receive the top rate of pay. The hourly rate for each employee with less than one (1) year of service as of the date of ratification of this Agreement shall be increased by the general wage increases as set forth above and, in addition, according to the following schedule:

After 6 months employment: After 12 months employment:

additional $1.00 per hour additional $1.00 per hour

The above pay progression shall not apply to newly hired drivers with a minimum of three (3) years of COL experience in school bus/transit operation and who have a clean driving record. In no event shall this progression to top rate occur over a period longer than one (I) year for any affected new hire.

5. Section 5(D) (Rates of Pay- Experimental Salaried Driver) - shall, effective on the Ratification Date, shall be deleted. The employee holding the position of ESD shall be permitted to exercise his relative seniority in all ways contemplated under this Agreement.

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6. Section S(E) (Rates of Pay - Miscellaneous Flat Rate Work - Summer Camps) shall be modified to provide that, effective for Summer 2019, drivers, and monitors, if any, performing summer camp work shall be paid at a rate equal to 77% of driver (or monitor) hourly rate of pay, as applicable, and all other rates contained in this provision shall be deleted. All other work performed during the summer shall be paid at the same driver and monitor rates of pay which are applicable at other times of the year.

7. Section 6(1) (Hours of Work- Paychecks and Stubs; Direct Deposit) shall be modified to remove any temporal references to the "Ratification Date" and shall provide, at the end of such provision, as follows:

The Company shall provide to any employee, upon request, a physical itemized pay stub as provided for in the CBA, within 24 hours of such request. The parties acknowledge that the Company currently provides this information electronically via individual employee accounts through www.MyADP.com. To the extent that any employee requires assistance in accessing the relevant information through his/her My ADP account or other employee accounts, he/she shall sign a written authorization substantially in the form contained in Appendix "A" hereto pennitting a Company representative to assist in such process

8. Section 3 (New Employees) shall be modified to replace "six ( 6) months" with

"four (4) months."

9. Section 5 (Rates of Pay- Training, Retraining Rates) shall be modified to provide for the following new rates:

Pre-Service Training Rate shall be $15.00 per hour for the life of the contract (subject to statutory minimwn wage increases).

Re· Training Rate shall be $3.00 less than top non-revenue rate

10. Section S (Charter Pay) shall be modified to provide that additional time/work after six (6) hours on charters shall be paid at the same rate as scheduled time (33 113% of net

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charter charges), regardless of when or whether the Company charges its customer for such additional time, such additional pay to be paid in the pay cycle following the work in question. 11 . Section 5 (Charter Cancellation) shall be modified to provide that in the event of such cancellation, the driver. shall receive 2 hours' reporting pay or, alternatively, 50% of driver's pay (of percentage of first day's charge) for charters, whichever is greater.

In the event that the driver whose trip is cancelled accepts different work, the driver will be paid the guarantee plus the additional assignment pay.

12. Section 5 (Charters) shall be modified to provide that the parties shall collaborate to provide as much information as possible on charter postings (date requested, price details, etc.) to be reviewed, as necessary, by Section Chairman with

Company personnel responsible for such postings

13. Section 5 (Charters) The Company will keep and make available for inspection by the Union a binder containing, without limitation, a record of all charters indicating the gross amount paid by the customer to the Company for such charter and a true copy of a supporting invoice, as well as final net charter pay and itemized deductions.

14. Section_ (HolidayNacation Pay) shall be modified to provide that charter/coach drivers receive $200.00 per day for holidays and $1,000.00 per week for vacation weeks.

l S. Section_ (Shuttle Pay) to be modified to provide as follows:

Upon ratification, regular weekend shuttle work for college(s) shall be included as part of run pay for weeks when school is in session (subject to holiday breaks), subject to the CBA provisions for Holiday Pay.

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16. Section 5(F)(ii) - 42 Week Guarantee shall be modified to provide that after one

(I) year of service, all 42 week employees, regardless of date of hire, shall be entitled to the full 42 week guarantee regardless of the location of their scheduled runs, and shall receive run pay based on their AM and PM pick package, including mid-day or late runs for the duration of that run, for all weeks under guarantee including periods when schools are closed. All 42 week employees shall receive paid holidays after six (6) months.

17. Section 5(F)(ii) - 42 Week Guarantee (Weekly Guarantees) shall be modified so as to provide for the following weekly guaranteed hours for each category as follows:

School School

Bus Bus

Contract YR

**1

18.

Non- **** **** Single Single Van Monitor N-2 Spare Spare

Run Run Run Driver Monitor

25 25 25 22.5 20 30 27.5 25 26.25 25

23.75 20 30 27.5 25 27.5 25 23.75 22.5 30

27.5 25 27.5 25 23.75 22.5 30 27.5 25

27.5 25 25 22.5 30 27.5

Changes in the Guarantees for Year I shall commence effective as of ratification

The Company shall be under no obligation to employ anyone in the category of Spare Monitor

Section_ (Reporting Pay) Employees are not required to report when the schools they cover are closed, or the pupils they cover are not going to school. Employees who are requested to report to the facility on such days shall receive a minimum of two (2) hours' reporting pay (AM and I or PM) or, if other work is assigned, actual time worked or the guarantee attached thereto, whichever is greater.

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