HomeMy Public PortalAbout150-2018 - Algamated Transit Union Local 1474M
AGREEMENT
BETWEEN
THE CITY OF RICHMOND
AND
THE ALMAGAMATED TRANSIT UNION
LOCAL 1474
January 1, 2019
THROUGH
DECEMBER 319 2020
Contract No.: 150-2018
s
INDEX
AGREEMENT
WITNESSETH
Page I Section — 1 FORM OF AGREEMENT
Page 1 Section — 2 NON-DISCRIMINATION IN EMPLOYMENT
Page 2 Section — 3 ADDENDUMS TO THE CONTRACT
Page 2 Section — 4 DURATION
Definition Pages
Page 2 Driver Classifications — Detailed
Page 3 Holiday Definitions —National Holiday -Working Holiday
A) Management
Page 4
Section —
A 1 COVERAGE OF AGREEMENT
Page 4
Section —
A2 UNION BUSINESS
Page 4
Section —
A3 INCREASE OR DECREASE IN FORCES
Page 5
Section —
A4 MANAGEMENT CLAUSES
Page 6
Section —
A5 UNIFORMS
Page 6
Section —
A6 ACCIDENT REPORTS/MEETINGS
Page 6
Section —
A7 OPERATING CONDITION OF BUSES
Page 6
Section —
A8 LABOR / MANAGEMENT COMMITTEES
B) Union Members
Page 7
Section
B 1 MEMBERSHIP IN THE UNION
Page 8
Section —
B2 SENIORITY
Page 8
Section —B3
ROSEVIEW TRANSIT SYSTEM DRIVERS
Page 9
Section —
B4 PARATRANSIT SYSTEM DRIVERS
Page 9
Section —B5
EXTRA BOARD DRIVERS
Page 9
Section —
B6 PART-TIME EMPLOYEES
Page 10
Section —
B7 DRIVER VACANCIES
Page 10
Section —
B8 OVERTIME
Page 10
Section —
B9 LUNCH
Page 10
Section —
B 10 LEAVE OF ABSENCE
Page 11
Section —
B I 1 TRANSFER
Page 11
Section —
B 12 ARREST
C) Grievance Procedure
Page l l Section — C1 GRIEVANCE PROCEDURE
Page 12 Section — C2 FACT FINDING
D) Benefits
Page 12
Section —
D1 RATES OF PAY AND LONGEVITY
Page 13
Section —
D2 VACATION
Page 14
Section —
D3 PAID DAYS OFF (HOLIDAYS / PERSONAL DAYS)
Page 15
Section —
D4 SHORT TERM DISABILITY PROGRAM/SICK DAYS
Page 16
Section —
D5 HOSPITALIZATION AND LIFE INSURANCE
Page 17
Section —
D6 BEREAVEMENT PAY
Page 18
Section —
D7 P.E.R.F.
Page 18
Section —
D8 PASSES
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2018 between the
City of Richmond, Indiana, by and through its Board of Public Works and Safety, hereinafter
referred to as the "City", as owner and operator of the Rose View Transit System and Paratransit
System, and Amalgamated Transit Union, Local No. 1474, hereinafter referred to as the "Union".
WITNESSETH:
The parties enter into the Agreement for purposes of promoting cooperation and continuity in the
relations between the City and the Amalgamated Transit Union, Local No. 1474, in consideration
of the promises, obligations, and undertaking of each party contained herein, do hereby mutually
agree, as follows:
SECTION 1. FORM OF AGREEMENT
(a) This agreement shall extend to and be binding upon the parties herein as hereafter
set forth and shall continue to be in effect from January 1, 2019 to December 31, 2020, all
inclusive, and from year to year thereafter, excepting that if either party shall elect to terminate
the same, it shall give notice in writing on or before November First of each succeeding year, to
the other party hereto, of its determination to terminate the same, and its desire to renegotiate an
Agreement, and in such event, the parties hereto shall meet for the purpose of re -negotiating said
Agreement, within the following sixty (60) days; or if either party desires to change the terms of
any named Section or Sections of this Agreement, it shall give notice in writing, on or before
November First of each succeeding year, to the other party, of its desires to effect such change or
changes to be effective on January 1 following, and in such event, the parties hereto shall meet
for the purpose of adjusting such change or changes of the terms within the months of November
and December. This paragraph refers only to non -economic issues.
The following paragraph is in effect as far as economic issues are concerned.
Pursuant to Amended Ordinance 2557-1971 and Ordinance 45-2000, the City and the
Union shall meet, concerning wages and rates of pay for the next calendar year, beginning 120
days prior to the introduction of the annual operating budget ordinance or April 1, whichever date
is earlier.
The term "successor" is hereby defined to mean any successor by merger or
consolidation with another Corporation, or by sale, assignment, transfer or lease of all, or
substantially all, of those assets of the City that are used for the operation of Rose View Transit
System, or Roseview Paratransit System to any other person, firm, or corporation.
SECTION 2. NON-DISCRIMINATION IN EMPLOYMENT
To the full extent required by applicable law, there shall be no discrimination, intimidation,
coercion, or harassment by the City or by the Union against any Rose View Transit System Bus
Driver or any Paratransit Vehicle Driver employee because of that employee's sex, race, color,
national origin, creed, age, handicap, veteran's status, political affiliation, or because of union
activity or membership or lack of same.
SECTION 3. ADDENDUMS TO THE CONTRACT
Upon mutual agreement by the City of Richmond and the Union, addendums to the
contract will be made throughout the term of the contract in regards to additional benefits that
have been granted to other employees.
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SECTION 4. DURATION
This agreement shall become effective upon its ratification by the parties and shall
remain in full force through December 31, 2020. On or about June 1, 2020, the City and the
Union agree to reopen the contract for purposes of negotiating a new contract and shall be
subject to the fact-finding provision of the City ordinance. In the event the parties have not
reached a new agreement by the termination date, this agreement shall continue to be in force
until the parties have reached and ratified a new agreement. Neither party shall have the authority
to amend, delete, or otherwise change any part of this agreement during its term, unless
otherwise authorized within this agreement.
Definition Pages
Job Classification Definitions for - Roseview / ParaTransit -
Paratransit Drivers - CDL - Preferred
Roseview Drivers - CDL - Required
Two types of driver classifications are used at Roseview Transit, they are full-time and
part-time.
Full -Time Drivers — Driver working 40 hours per week, assigned to a fixed route daily or
weekly. Assigned to either Paratransit or Roseview Transit. All contractual monetary
compensation including but not limited to, hourly wage (subject to probationary difference),
bonuses (stipends), clothing allowance, CDL stipend. Eligible for contractual city benefits
including but not limited to vacations, national and working holiday pay, sick leave, longevity pay,
insurance programs.
Extra Board Drivers — Named for schedules being posted on the extra board at office.
Drivers guaranteed a minimum of 35 hours per week. Not assigned a fixed route. Varied hours
from week to week. Assignments can include both Paratransit and Roseview Transit. All
contractual monetary compensation including but not limited to, hourly wage (subject to
probationary difference), bonuses (stipends), clothing allowance, CDL stipend. Eligible for
contractual city benefits including but not limited to vacations, national and working holiday pay,
sick leave, longevity pay, insurance programs. Extra Board Drivers are considered Full -Time
Drivers.
Part -Time Drivers — Part -Time Driver will be used only after all other drivers mainly Extra
Board Drivers have been scheduled a minimum of 40 hours. Drivers usually working under 30
hours per week, per government mandated limits. Assignments can include both Paratransit and
Roseview Transit. Scheduled for fill-in hours as needed by Roseview management with
schedules posted on extra board at office. Monetary compensation is the same as contractual
pay awarded to full-time drivers including, hourly wage (subject to, probationary difference),
bonuses (stipends) (prorated for hours worked), clothing allowance, CDL stipend longevity pay.
Not eligible for vacation pay, national or working holiday pay, sick leave or other city benefits.
New Employees — New Employees are, first time hirers and rehired former employees,
Full -Time, or Part -Time to Roseview Transit and City of Richmond. See Probationary
Employees.
Transfers — To Roseview Transit from other city departments are not "New Employees"
but must be in training for a period or 80 hours (2 weeks) or until management feels that
employee is proficient on all routes.
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Probationary Employees — Any new employee hired directly to City of Richmond through
Roseview Transit. Probationary employees can be hired as full-time or part-time. Probationary
period is 180 days (6 months). During probationary period part-time employees have no benefits
of any type with the exception of monetary awards (see Section D1) new hire pay differential,
raises, stipends, bonuses, CDL stipend, uniform allowances and any monetary awards that apply.
If a probationary part-time employee is moved to full-time status the probation period continues
until a total of 180 days of part-time and full-time is completed. Full-time employees in
probationary period are eligible for benefits (see Section 61), except working holidays / personal
days. If a part-time employee has completed 180 day probationary period, then moves to full-
time status no probationary restrictions will apply and all full-time benefits will be awarded at that
time.
Temporary Drivers — Temporary Drivers can be hired to Roseview Transit as fill-in drivers
for a period of time to not exceed 60 working days. These drivers will be used only after fulltime,
extra board and part-time drivers have been scheduled their required hours (40 hours for fulltime
and extra board and 29 for part-time drivers) a week. Temporary Drivers upon completion of 60
days can not be rehired as Temporary Driver for a period of 60 days. Temporary Driver
classification will not be eligible to join the union. If during the 60 days of employment an opening
becomes available for a full-time or part-time driver management and union officials will discuss
filling the position with the temporary driver after other current drivers have been offered the
position. If hired the time served as temporary driver will be counted as hire in date and toward
the probation period time. The driver would then be covered by the appropriate new hire
classification and probation would continue till complete.
Holiday Definitions — National Holidays / Working Holidays
Roseview Transit has two holiday classifications. For clarification of these we have
named them, National Holidays and Working Holidays. They are as follows;
National Holidays, Transit System does not operate.
Working Holidays, Transit System operates as normal.
(Working Holidays may be used as Personal Days off at a later date).
Examples of but not limited to;
National Holidays are - New Years Day — Or Day Observed if on Sunday
Memorial Day — Last Monday in May
Fourth of July — Or Day Observed if on Sunday
Labor Day — First Monday in September
Thanksgiving Day — Last Thursday in November
Christmas Day — December 25th
Or Day Observed if on Sunday
Working Holidays are - Driver's Birthday Veterans Day
Martin Luther King Jr. Day Thanksgiving Friday
Presidents Day Christmas Eve
Good Friday New Years Eve
Columbus Day
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A: Management
SECTION Al. COVERAGE OF AGREEMENT
(a) The Union shall be the exclusive bargaining agency for all employees covered by this
Agreement. This Agreement shall cover all present and future employees of the City employed in
this department described as follows:
Any official of the City, or their private secretaries, or any person in a supervisory
capacity who has the authority to employ, discharge, discipline or enforce working rules and
regulations of the City over employees, are excluded from this Agreement. The Manager shall be
responsible for the day-to-day management and supervision of Rose View Transit System and
Paratransit Transportation System. The Director of Public Works and Engineering, as a part of
his/her functions, shall direct the overall operation of Rose View Transit System and Paratransit
Transportation System.
SECTION A2. UNION BUSINESS
(a) Employees called upon to transact business for the Union which requires absence
from duty, shall, upon application, be allowed to absence themselves for sufficient time to
transact said business for the Union, provided sufficient notice is given in the application and
number applying for leave of absence is not so great as to be detrimental to bus service.
(b) Any employee elected to fill office in the Union, which requires his or her absence
from duty with the City, shall be granted a leave of absence. At the expiration of one (1) year's
absence, upon request, he or she shall be granted another leave of absence. Upon his or her
retirement from such office, he or she shall be reinstated to his or her former position with the City
with full seniority or rank.
(c) The City shall provide a reasonable amount of space in the City Parking Garage break
room and in the Transit Office near the time clock for the display of Union -provided bulletin
boards. Those designated bulletin boards shall be for the exclusive use of Local 1474 to
communicate with bargaining unit members about union business, programs and activities.
SECTION A3. INCREASE OR DECREASE IN FORCES
(a) When it becomes necessary to reduce the force, the City will make such lay-offs
resulting from such reduction in force, with full regard to years of service.
(b) In case of lay-offs resulting from such reductions, the employees affected and the
President of the Union shall be notified in writing thirty (30) days before the lay-off becomes
effective.
Furloughed employees will be called back, providing such call back is within one (1) year
after the date of their furlough or lay-off. Furloughed employees, when recalled, will be notified by
registered mail, and any recalled employee who fails to report for duty within ten (10) days after
receipt of registered letter, will forfeit all rights under this Agreement. Furloughed employees
must keep the Management advised of any change of address.
(c) Whenever it shall be known that a vacancy or opening shall continue for thirty (30)
days or more, the following procedure shall be used in the filling of such vacancies. Seniority of
employees will be recognized. If the vacancy is not filled in this manner, the vacancy will be
posted for a five (5) day period in the City bus garage, and bids will be accepted and considered,
as follows:
(d) In the filling of any vacancy as stated above, such employees or individuals must
have the proper qualifications to perform the work available in the position that is open. Former
employees of the City will be given due consideration in filling the vacancies when it becomes
necessary to hire new employees.
(e) A copy of each job bid posting will immediately be forwarded to the President of the
Union upon issuance, and when a vacancy is filled, the name of the employee will be furnished to
the President of the Union.
(f) Employees leaving the service of the City, upon application to their Supervisor, will be
furnished with a service letter.
(g) The City agrees to attempt to budget funds in 2019 to hire one (1) full-time driver to be
added to the Roseview/Paratransit Department effective January 1, 2020.
SECTION A4. MANAGEMENT CLAUSES
(a) The Union agrees that it will not, in any manner, interfere with or limit the right of the
City to discharge or discipline its employees where sufficient cause is shown, except that no
employee will be discharged or disciplined because of membership in the Union.
(b) It is mutually agreed that the City shall have the right at all times to make reasonable
rules and regulations for the conduct of its employees, and the employees agree to recognize this
right and to abide by same, it being understood that such rules and regulations are necessary for
the successful operating of the business of the City. Any rule made and put into effect by the City
shall be bulletined and shall be enforced until such time as it is changed.
(c) Whenever the City deems it necessary to discharge or otherwise discipline an
employee, the Manager will arrange a meeting with the employee to discuss the matter before
any action is taken. The employee has the right to request Union representation to be present.
Upon completion of such meeting, the Manager shall have the right to determine and administer
said discipline.
(d) No notation will be placed against an employee's record without just and sufficient
cause, subject to appeal there from. When a notation is made against an employee's record, he
or she will be notified of the same in writing at that time.
(e) An employee committing an offense which may subject him or her to disciplinary
action or dismissal shall be disciplined, dismissed, or notified in writing concerning his or her
record (as specified in paragraph c of this section) within thirty (30) days of committing such
offense, or his or her record is cleared concerning the offense.
(f) All reprimands or discipline whether written or oral will be removed from employee's
record after twelve (12) months, and each offense will revert back to the previous offense in each
category.
(g) Notwithstanding subsection (f) above, an employee is subject to discipline, up to and
including discharge, if the employee is at fault in four or more serious accidents within a two (2)
year period from the date of the first accident. Accidents will remain in an employee's personnel
file for a period of two years from the date of an accident. A serious accident is defined as one
caused by an employee that results in a total of at least Five Thousand Dollars ($5,000.00) in
either property damages or personal injury.
SECTION A5. UNIFORMS
(a) The City agrees to purchase for the drivers two (2) jackets and two (2) pairs of pants
after thirty (30) consecutive days of employment.
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(b) The City agrees to purchase for the drivers after one (1) year of continuous service,
five (5) pairs of pants, five (5) long sleeve shirts, and five (5) short sleeve shirts. Between the
months of April and October inclusive, all drivers shall have the right to wear shorts provided said
shorts are approved by Management. Between the months of October and April, all drivers have
the right to wear navy blue sweaters, provided sweaters are approved by Management. In
addition drivers are permitted to wear holiday sweaters provided said sweaters are approved by
Management. Uniforms will be replaced at the Management's discretion, as needed, upon the
receipt of old uniforms. At least once each year, Management shall inspect the uniforms of all
drivers in order to determine if replacements are needed. This shall not preclude replacement of
uniforms at other times. All drivers agree to the dress code as established by Management.
(c) The City agrees to pay each active member of the Amalgamated Transit Union Local
1474 on or about February 15', a cleaning uniform clothing allowance of $400.00. The clothing
allowance is considered an annual allowance during the time of this agreement. Said allowance
shall be paid in one (1) separate check on or before February 1It of each year.
(d) Notwithstanding any language to the contrary herein, employees shall be allowed a
semi -casual day every Friday. Specifically, employees shall be allowed to wear black jeans and
blue jeans. Between the months of April and October, employees may wear light tan khaki pants
or mid -thigh length shorts in conjunction with their uniform shirt, provided that no torn or other
disheveled clothing shall be allowed. A professional appearance shall be required at all times
and the Transit Manager shall determine whether the casual clothing is acceptable.
SECTION A6. ACCIDENT REPORTS/MEETINGS
Fifteen (15) minutes' time shall be paid for making out each accident report. Time shall
be allowed for attending Safety Meetings, at a regular rate of pay. The City will pay for the
required time to attend court, inquest, or perform other special services at the request of the City
including committee meetings, or other meetings called by the City, at not less than the regular
rate of pay.
SECTION A7. OPERATING CONDITION OF BUSES
(a) The City agrees that all buses shall be kept in good operating condition so that they
may be operated safely on the schedule required by the City. The City shall use its best efforts to
ensure that all buses shall be equipped with such heating and air conditioning arrangements so
that the operator in discharge of his duties shall be reasonably comfortable.
(b) The City agrees to keep the interior of the buses clean, sprayed aggressively for
insects, and sanitized, on a regular basis.
(c) The City agrees to attempt to budget funds in 2019 to update/fix-up the terminal and
breakroom in 2020.
SECTION A8. MANAGEMENT AND UNION COMMITTEES
The ATU Local 1474 requests to have a representative attend meetings of the City of
Richmond Health and Safety Committee. This representative will be allowed to attend scheduled
meetings and pass on to the committee issues and concerns about health and safety that arise
during the daily operation of the transit system. Then reporting back to the membership any
information that the committee would recommend to make our job safer for the drivers and
passengers.
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ATU Local 1474 would be interested forming a Labor / Management Committee for the
purpose of discussing issues that may arise between labor and management from time to time.
The committee will be comprised of equal members of union members and management. This
committee will try to reach an agreement of an issue before needing to take it to the next level in
the grievance procedure. Meeting decisions agreed to by both parties will be finalized in writing
for both labor and management.
B: Union Members
SECTION B1. MEMBERSHIP IN THE UNION
(a) New employees shall be on probation for the first one hundred and eighty (180) days
of employment, dating from the date they were first hired to duty with Roseview as fulltime or
part-time employee. New employees, after the expiration of ninety (90) days of continuous
employment, shall be eligible to enter the Union. Probationary employees will not be covered by
Section 5 (Grievances) or Section 6 (Fact Finding) during their probationary period. However,
during the probationary period, new employees are eligible for those benefits that are required by
law, such as worker's compensation insurance and Social Security. They may also be eligible for
other employer -provided benefits, subject to the terms and conditions of each benefit program.
Employees should read the information for each specific benefit program for the details on
eligibility requirements. The probationary employee may be laid off or discharged as exclusively
determined by the City during the probationary period. Probationary employees are eligible for
Bereavement Leave, Jury Leave and National Holiday Pay while in their probationary period.
Upon satisfactory completion of the probationary period, employees enter the "regular"
employment classification.
(b) The City is to forward to the Financial Secretary of the Union, in writing, the name and
date of employment of all new employees. Also, the City is to furnish to the Financial Secretary
of the Union, in writing, the name and date of removal from the payroll, of all employees covered
by this Agreement, as specified in Section 4 (Coverage of Agreement) by reason of resignation,
discharge or leave of absence.
(c) The Secretary or Treasurer of the Union is to forward to the Payroll Department of the
City the original copy of the payroll deduction slip which is to be retained by the City authorizing
deductions for Union dues. Also, the Secretary or Treasurer shall forward to the Payroll
Department of the City, not later than the fifteenth (15) day of each month, the amount to be
deducted from the pay of each employee covered by this Agreement. This amount shall not
exceed the amount owed to the employee by the City. The City will pay to the Secretary or
Treasurer of the Union, not later than the Twenty-fifth (25) day of each month, the amount
deducted from the paychecks for such dues.
(d) At any time an employee covered by this Agreement is declared to be "not in good
standing" with the Union, the City will be so notified in writing by the properly accredited officials
of the Union before any action is taken.
(e) Notwithstanding any other provision herein, no Act shall be required or permitted by
either party, which will be an unfair labor practice under Section 9 (a) or (b) of the National Labor
Relations Act, as amended.
(f) It is agreed that in the event the Section of the Labor Management Relations Act of
1947, as amended, pertaining to a Union Shop, is amended or repealed, this Section will revert to
Section 2 as it is written in the Agreement expiring January 31, 1948.
None of the provisions of this Agreement shall conflict with State or Federal laws.
AGENCY SHOP
(a) Membership in the Union is not compulsory. Employees have the right to join, not to
join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any
pressure on or discriminate against any employee as regards this matter.
(b) The Union is required under this Agreement to represent all of the employees in the
bargaining unit fairly and equally without regard as to whether or not an employee is a member of
the Union. The terms of this Agreement have been made for all employees in the bargaining unit
and not only for members of the Union; and the City has executed this Agreement.
(c) In accordance with the policy contained in sub -paragraphs (a) and (b) of this article,
all union employees shall pay (the employees' exclusive bargaining representative), an amount of
money equal to that paid by other members of the Union, which shall be limited to an amount of
money equal to the Union's regular and usual initiation fees and its regular and usual dues and its
general uniform assessments. Such payment shall commence sixty (60) days after date of
employment.
SECTION B2. SENIORITY
(a) The seniority of any employee who accepts a supervisory position will discontinue
accumulating union seniority for union bus driver position. Seniority as a union member will be
suspended (frozen) during the time in a management position. If for any reason he or she should
thereafter be relieved of such supervisory duties, his or her seniority standing as a bus driver
shall be restarted from the pre management seniority time. After returning to union status in good
standing recalculated time will be used for route preference and vacation scheduling purposes.
(b) Seniority date of employees will be determined from the date the employee was first
hired as a Roseview Transit employee, whether hired as full-time or part-time initially. Employees
initially hired as part-time when taking a full-time position will use for seniority purposes their initial
part-time hire date as a city employee. Part-time employees have no seniority rights while part-
time.
(c) The Union is fully aware that the new American Disabilities Act (ADA) may require
deviations from past practice with respect to driving assignments. The City understands and will
respond to questions raised as a result of ADA rules and regulations in a timely manner.
(d) For the purpose of filling any vacancy, part-time employees shall be preferred after
Roseview Transit employees.
SECTION B3. ROSEVIEW TRANSIT SYSTEM DRIVERS
(a) All regular runs are to be scheduled a minimum of eight (8) hours per day and not less
than forty (40) hours per week, with pre -determined days off each week. These hours are
guaranteed. Regular runs are not to include preparatory and turn -in time on each time out.
Regular runs are approximately eight (8) hours. The City agrees that it will not set up a regular
run substantially over eight (8) hours, e.g. 11 or 12 hours. This does not prohibit a driver from
requesting extra hours. If the Manager has an emergency he or she still may request a driver to
drive extra hours. Overtime pay is one and one-half times regular pay. Overtime will be paid
after forty (40) hours in any given week, but all excused paid leave time (i.e. sick pay, holidays,
vacation days, or personal days) will be counted toward the forty (40) hours. Fixed -route drives
shall be paid overtime pay for any time worked during their scheduled day off.
(b) The Bus Board is to be open semi-annually in September and April of each year.
When known that a vacancy shall occur for thirty (30) days or more, seniority rights will be
recognized.
(c) If a driver is called in to work, he or she shall be paid a minimum of two (2) hours for
each call. If any employee reports to work more than fifteen (15) minutes late for work, the
manager or supervisor may refuse to permit the employee to commence work for two (2) hours.
(d) Extra drivers will be available for duty on one and one half hour's notice at any time
during the workweek. Drivers, when not available for duty in the above specified time, for reasons
of sickness or any other reason that would keep them from working, should be marked off the
Board the same as a regular driver, and allowed time for the semi-monthly pay period will be pro-
rated on the basis of the time he or she was available for duty.
It is agreed to by both parties that if Federal or State Law should demand that Rose View
Transit System bus drivers be paid overtime that this section dealing with minimum pay will be
opened up and negotiated again.
SECTION B4. PARATRANSIT SYSTEM DRIVERS
The parties agree that a standard workweek shall consist of forty (40) hours. These hours
are guaranteed. Paratransit System drivers shall work between the hours of 6:00 a.m. and 6:00
p.m. with a one-half hour paid lunch. Drivers shall be guaranteed a minimum of forty (40) hours
per week. If the Manager has an emergency he or she still may request a driver to drive extra
hours. Overtime pay is one and one-half times regular pay. Overtime will be paid after forty (40)
hours in any given week, but all excused paid leave time (i.e. sick pay, holidays, vacation days, or
personal days) will be counted toward the forty (40) hours. Drivers shall be paid overtime pay for
any time worked during their scheduled day off.
The Paratransit Drivers schedules shall be open to bidding semi-annually in September
and April of each year. When known that a vacancy shall occur for thirty (30) days or more,
seniority rights will be recognized.
SECTION 135. EXTRA BOARD DRIVERS
The City agrees to provide at least thirty-five (35) hours of work per week for Extra Board
Drivers at their regular rate of pay as determined by this contract.
After working for one (1) continuous year, Extra Board Drivers working over eighty (80)
hours in a two (2) week period, shall receive one (1) hour per occurrence towards an eight (8)
hours paid day off. Not to exceed over three (3) days in a year.
SECTION 136. PART-TIME EMPLOYEES
Whenever conditions warrant, the City, through its Public Transit Manager, and the
Union, through its President, or other authorized officer(s), will meet to discuss the City hiring a
part-time employee (s) under the following terms and conditions:
(a) Such part-time employee(s) shall not be used for the purpose of reducing the
minimum hours of work of the regular employees, the extra board drivers or the paratransit
drivers; instead, the contemplated use of such part-time drivers is to fill in on an "as needed"
basis.
(b) All parties recognize that due to the nature of employment for part-time employees
such part-time employees shall not be entitled to full fringe benefits, such as National Holiday or
Working Holiday pay, personal days, bereavement pay, or vacation pay. However, all such
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employees shall be paid at the same rates of pay, subject to the probationary and seniority pay
differentials, as regular employees hereunder.
(c) Part-time employees will not be used unless all available extra board drivers have
been scheduled to work forty (40) hours during a given week. In the event the City errors in
assigning the work to a part-time employee, the most senior available extra board driver affected
with less than forty hours during a given week will be compensated for the time lost.
SECTION 137. DRIVER VACANCIES
Rose View Transit drivers and Paratransit drivers shall have the first right to driver
vacancies within the Transportation Department. Said right shall be determined by seniority.
SECTION B8. OVERTIME
Members of the Amalgamated Transit Bargaining Unit recognize the right of the City to
consider and implement alternative overtime scheduling methods. Currently, the Transit System
uses extra board drivers and part-time drivers to fill in and offers overtime to the most senior
qualified employee if all the extra board drivers and part-time drivers are working. The Transit
System would like to try alternative method of scheduling overtime. This new method of
assigning overtime would allow the remaining drivers that want overtime to sign an overtime list.
The list will list the drivers in seniority order and the drivers that sign the list would be offered the
overtime in seniority order. If a driver cannot work when called, he/she will go to the bottom of
the overtime list. All drivers on the list will be called on a "rotation" basis. After all the extra board
drivers have been scheduled forty (40) hours for the week for the week and drivers are needed
for overtime, supervision would offer the overtime beginning at the top of the list and work down.
If a driver is on the list and is not available for overtime, that driver must notify supervision of the
time he/she is not available. If supervision cannot fill the overtime requirement from the list, the
least senior driver on the list will be forced to work. If such change is implemented, the change
shall be implemented for a trail period of not less than thirty (30) days. I f the change is deemed
successful, the Transit System will continue to use this method. In the event that the method is
found to ineffective during the initial trail period, the Transit System will return to the original
overtime scheduling method.
SECTION B9. LUNCH
(a) Rose View Transit System:
On continuous runs of seven (7) hours or more, bus drivers shall be given at least thirty
(30) minutes paid lunch relief.
(b) Paratransit System:
City agrees to provide thirty (30) minutes per day of idle time, as scheduled and
determined by Paratransit Management, between the hours of 10:30 a.m. and 2:00 p.m., for the
purposes of allowing drivers to eat their lunch while not operating their vehicle.
SECTION 610. LEAVE OF ABSENCE
(a) Leave of absence without pay may be granted any full-time employee after one year
of employment with the City. Such leave shall not exceed 12 consecutive months. An employee
may submit a written request to his or her supervisor for a leave of absence with an explanation
of the purpose and term requested. Such request will be subject to approval of the City.
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(b) A leave may be requested for any reason including education, health or family
responsibilities not covered by any other provision of this policy. Requests for leave of absence,
for reasons of illness or injury, must be accompanied by a doctor's certificate in support of the
same. During such period, vacation leave shall not accrue, and such employee shall not receive
compensation for designated holiday. Health insurance benefits may be retained under the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
(c) Upon returning to work after an approved leave of absence, employment will be made
within the position that was vacated when possible to do so. If the vacated position was filled
during the employee's absence, employment will be offered in a similar position or the next best
position when the next opening occurs.
(d) An employee granted a leave must give written notice to the City of intent to return to
work at least fourteen (14) calendar days prior to his or her return or the expiration of the leave of
absence period, whichever occurs first. If the employee fails to notify the City, the employee will
be considered terminated as of the last day he or she actually worked for the City.
SECTION B11. TRANSFER
No driver may be transferred without his or her consent to the Paratransit System or to
the Rose View Transit System. A driver may transfer voluntarily from one system to another, if an
opening becomes available.
SECTION B12. ARREST
(a) In the event an employee of the City is arrested while in performance of his or her
duties as an employee of the City, or if legal action is instituted against an employee because of
any action of the employee in the performance of his or her duties, the Director of Public Works
and Engineering or his or her representative, and a representative of the Union, will meet as soon
as possible after such arrest or after the commencement of such legal action to discuss the
charge against the employee. If the City shall determine that the said employee was acting in the
proper and correct performance of his or her duties as an employee of the City when the alleged
action with which he or she is charged took place, the City will retain an attorney to represent the
employee. If the City shall determine that the said employee was not acting in the proper and
correct performance of his or her duties as an employee of the City when the alleged action with
which he or she is charged took place, the employee shall bear the cost for the attorney.
C: Grievance Procedure
SECTION C1. GRIEVANCE PROCEDURE
(a) The grievance procedure for both Rose View Transit System bus drivers and
Paratransit Transportation System vehicle drivers shall consist of three (3) steps outlined in the
following procedure:
First, the complaint must be filed in writing within five (5) working days of the occurrence.
A meeting must be arraigned between the employee and the Manager, and if requested, by said
employee, the Union President.
Second, if the grievance is not satisfactorily settled by completion of the first step outlined
above, then the complaint of the employee shall be presented to the Director of Transportation in
written form within five (5) days after the initial meeting between employee and parties as
provided in step one. The Director of Transportation shall thereupon arrange a meeting with the
aggrieved employee, or any representative said employee may select to help present his or her
case, which meeting shall not be later than five (5) days after the Director of Public Works and
Engineering has received the grievance. Answers to any grievance by the Director of Public
Works and Engineering or his/her office shall be in writing to the Local.
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Third, and finally, if a satisfactory agreement is not reached through completion of step
two above described, then the said grievance shall be forwarded to the Board of Public Works
and Safety of the City in written form, and within eight (8) days after receiving said grievance, the
Board of Public Works and Safety will arrange a final meeting between said Board, the aggrieved
employee, and any representatives said employee may select to help represent his or her case.
This does not preclude the aggrieved employee's right to initiate civil action. The parties shall
have thirty (30) days following a final decision of the Board of Public Works and Safety in which to
request the establishment of a Fact Finding Committee as set forth in Section C2 of the
Agreement.
(b) In the event that it becomes necessary or advisable to set up any working conditions
or rates of pay that are not in accordance with or covered by the provisions of this Agreement,
such changes shall be handled by the President of the Union and the authorized representative of
the City. All agreements or changes must be in writing and become a supplement to the contract.
(c) There shall be no strikes on the part of the employees and no lockouts on the part of
the City by or against the employees during the term of this Agreement, or any extension thereof.
Any questions concerning this contract arising between the City and the Union which cannot be
amicably adjusted by conference between the City and the Union shall be submitted to arbitration
as provided in Section C2.
SECTION C2. FACT FINDING
(a) Should the parties fail to agree with respect to any grievance or dispute arising under
the terms of this Agreement, the issues shall be submitted to a Fact Finding Committee
comprised of three members. One member, appointed by the party requesting the fact finding,
shall be named at the time the request for deliberation is made. Within ten (10) working days
after the receipt of such request the other party shall name its member. The Board of Public
Works and Safety shall make any such appointment for the City. Within seven (7) working days
thereafter, the two (2) members or their representatives shall select the Chairman of the Fact
Finding Committee. Should the two (2) members be unable to agree upon the appointment of the
Chairman within ten (10) working days after the second of the members was named, then the
final appointment will be selected as following: each member will offer three (3) names, each
party will alternately strike a name from the panel until two (2) names remain. A toss of the coin
will determine final selection of the Chairman. The decision of the Fact Finding Committee shall
be final and binding.
D: Benefits
SECTION D1. RATES OF PAY AND LONGEVITY
The probationary period is intended to give new employees the opportunity to
demonstrate their ability to achieve a satisfactory level of performance and to determine whether
the new position meets their expectations. The City uses this period to evaluate employee
capabilities, work habits, and overall performance.
All new and rehired employees work on a probationary basis for the first one hundred and
eighty (180) calendar days after their date of hire. Any significant absence will automatically
extend the probationary period by the length of the absence. If the City determines that the
designated probationary period does not allow sufficient time to thoroughly evaluate the
employee's performance, the orientation period may be extended for a specified period.
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Rates of pay per hour for Rose View Transit System and Paratransit System Drivers
effective 01 /01 /2019:
Hourly Rate 2019 Hourly Rate 2020
Starting Rate $13.71 $14.53
After Probation Period $15.23 $16.14
All active members of the Amalgamated Transit Union Local 1474 who have a
Commercial Drivers License (CDL) will receive a $300.00 stipend per year. All drivers who have a
Public Passenger Chauffer License (PPCL) will receive a $150.00 stipend per year. Paratransit
drivers that have a CDL will be used as needed for Roseview. Payments of these stipends are to
be included with the uniform stipend payment on the first pay period in February of each year.
In addition, any night driver shall be paid an additional $ .31 per hour for the service
performed while on the night shift.
As an incentive for continuous service with the City of Richmond, each active
AMALGAMATED TRANSIT UNION, Local 1474. Bargaining Unit employee covered by this
Agreement shall receive longevity pay as follows:
Effective January 1, 2018, longevity pay shall be calculated at the rate of one-fourth of
one percent (114 of 1%) of the base salary times years of service of each Transit employee who is
active as of August 9, 2018.
(Example: $14.37 [hourly salary] x 40 [weekly hours] _ $574.80 x 52 weeks =
$29,889.60.
$29,889.60 x .0025 [longevity calculation] _ $74.72 x number of years served.)
For the purpose of this Section, an employee's years of service shall begin accruing on
January 1 of their year of hire and shall continue to accrue each year on January 1. It is
understood that an employee's year of hire is counted as a full year. Longevity payments will be
made on the first pay period in December each year. Upon termination of employment, an
employee will be paid their final prorated longevity payment with their last check. They shall be
paid one twenty sixth (1/26) of the longevity payment for each pay period completed in the current
year.
If the city negotiates a higher across the board raise or bonus with any other City
Bargaining Unit, the Rose View Transit/Para Transit Unit shall also receive such higher raise or
bonus. If the City reduces non -wage benefits for other City Bargaining Units and places those
savings in wage increases for the other Bargaining Units, the raise provided shall not be
considered a raise for purpose of this paragraph. This paragraph will be eliminated effective
January 1, 2021.
SECTION D2. VACATION
(a) Full-time hourly employees will be given vacations on the following basis:
1 year of service up to
2 years of service
3 years of service
4 years of service
5 years of service
— 6 days vacation
— 11 days vacation
— 12 days vacation
— 13 days vacation
— 16 days vacation
One additional day per year after five (5) years of continuous service with a maximum of
twenty-six (26) days vacation.
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(b) Employees entitled to vacations and leaving the service of the Company after the
anniversary date of their employment will be allowed vacation pay, regardless of the reason for
leaving the service, providing that they have not been allowed a vacation for that year of service.
In order for an employee to receive full vacation pay when voluntarily leaving during the first six
months of any calendar year, the employee must notify the City on or before June 30'h of the prior
year.
(c) Employees who for some reason have not worked for a period of thirty (30)
consecutive days or longer, during the year preceding the vacation, will be granted vacation
allowance pro -rated according to the number of months actually worked.
(d) Vacation pay is to be on the basis of regular day or week's work, at the rate of pay in
effect at the time vacation is taken. All drivers will receive eight (8) hours minimum daily vacation
pay-
(e) Employees who have earned 15 days or more of vacation time per calendar year may
"sell back" five (5) days at their regular rate from the City per year. If an employee elects to "sell
back" vacation time, written notice must be given to the City by August 1 of that year. The
employee has the option to change his or her mind by November 1 of that year. Employees
would be compensated for their unused vacation days by December 31 of that year.
(f) All employees shall make their first choice of vacation before moving to the second round of
choices for vacation scheduling with March 1 being the deadline for the applicable year. The scheduling of
vacation shall be by seniority and dependent upon the operational needs of the City. Employee (A) has 5
working days to select their first and/or second choices for vacation. After 5 days it moves to the next
employee (B) in seniority. Employees (A) & (B) now are in first come first served basis, if needed moving
on the employee (C) and so on. After March 1 vacation scheduling will be a first come first basis. Once
approved by the City, an employee's vacation selection can only be withdrawn, or approval can only be
revoked by the City, with the mutual consent of the parties.
(g) After the vacation selection period, vacations will be approved on a first come first
served basis. The scheduling of vacation shall be dependent upon the operational needs of the
City.
(h) An employee's anniversary date for purposes of vacation time is considered to begin January
in the year of hire.
Example: An employee is hired September 4"' of a given year. September though December is
the year of hire and is also considered the employee's first year. January 1st the following year begins the
employee's second year. The employee probationary period ends March 3`d. Beginning March 41, the
employee shall earn one (1) vacation day for each month worked during the remainder of the calendar
year (nine days of vacation). The next January 1 sl is the employees third year and the employee is to
receive twelve days of vacation.
During the first full calendar year after the year of hire: An employee must have served at least a
6-month probationary period during which no vacation time is earned or granted. After the probationary
period, the employee is then eligible to earn one (1) day of vacation for each full month worked in that
calendar year, not to exceed 11 workdays. This vacation schedule is based on uninterrupted service.
SECTION D3. PAID DAYS OFF (HOLIDAYS AND PERSONAL DAYS)
The City agrees to fifteen (15) paid days off. These paid days off shall be identified as a
combination of recognized National Holidays and other personal days, one of which shall be the
employee's birthday. The holidays shall be as follows: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Full -Time employees still
in probationary period will receive National Holiday pay for those days. Because the buses do
run on Martin Luther King Day, employees scheduled to work on that day shall take a personal
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day for this holiday. Working Holidays will be taken as personal days. These paid days off nor
any other fringe benefit does not apply to temporary or part-time employees. An employee must
have worked for the City six (6) months continuously to be eligible to receive these paid days off.
The taking of any paid day off must be requested of the Manager at least 48 hours in advance,
absence a bona fide emergency, and then such notice shall be given as soon as possible.
Approval of such request shall be dependent upon the staffing needs of the City. Employees will
receive eight (8) hours pay for each paid day off taken. In addition, employees shall be allowed to
take personal days in the form of/2 days at a time in addition to full days.
SECTION D4. SHORT TERM DISABILITY PROGRAM/SICK DAYS
(a) Members of the Bargaining Unit shall be covered by a Short Term Disability Program
at no cost to the employee. If absence due to illness or non -job related injury extends beyond
eight (8) consecutive calendar days or after all accumulated sick days have been exhausted, the
Short Term Disability program benefit shall begin on the ninth (9'h) day or after the exhaustion of
accumulated sick days, with a daily rate of sixty percent (60%) of the employees regular daily
salary based upon a forty (40) hour work week. Such benefit payment shall continue during the
period of absence up to a maximum of sixty-five (65) work days or thirteen (13) weeks. Short
Term Disability shall be taken concurrently with any Family and Medical Leave.
(b) No further salary or Short Term Disability benefit will be paid until and unless a person
returns to work.
(c) Upon completion of the thirteen (13) week disability program, an employee is entitled
to return to their previous position if they are able to do so. Thereafter, an employee is entitled to
the first suitable and available job opening within the City.
(d) Full-time employees shall receive eight (8) sick days each year. Said sick days shall
automatically accrue on January 111 of each calendar year. If the City Employee Policy Manual is
revised to grant an additional sick day or days to non -union employees, the members of this
Bargaining Unit shall receive the additional sick day or days.
(e) Sick days are used as a protection for the employee or immediate family in case of
illness, or medical, dental or eye examinations or treatment for which arrangements cannot be
made outside of normal working hours. The number of days allowed for any use herein shall be
controlled by FMLA.
(f) After three consecutive calendar days absence due to employee sickness,
documentation of illness from a physician shall be required pursuant to FMLA. In addition, if the
City has reasonable suspicion of any abuse of sick day policy, the City may inquire into the basis
of such sick day use. In addition, employees shall be allowed to take sick days in the form of/z
days at a time in addition to full days.
(g) Accumulated unused sick days shall be earned forward for use in subsequent years.
The maximum number of days that can be accumulated is 30 days.
(h) Employees that complete their probationary period after January 151 earn one (1) sick
day for each complete calendar month worked after completing their probationary period up to a
maximum of eight (8) days for the calendar year.
(i) Unused sick days will not be paid to an employee at the time of separation from the
City except for the following circumstance: Any employee who retires from the City of Richmond
with twenty (20) years of service will receive their regular rate of compensation for all unused sick
days up to thirty (30) days.
0) Members of the Bargaining Unit shall be provided with Long Term Disability Insurance
at no cost to the employee and at the benefit levels that prevail at this time.
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If a female driver becomes pregnant, she may request a leave of absence. However,
thirty (30) days after delivery, she must inform the City of her intention to return to work or not to
return to work. If it is necessary to hire a temporary replacement, this person shall be informed
that he or she might have to be laid off once the leave of absence person returns to work.
SECTION D5. HOSPITALIZATION INSURANCE AND LIFE INSURANCE
(a) The City shall continue to provide group health insurance and life insurance for full-
time active members of the Amalgamated Transit Union, Local 1474 Bargaining Unit as is
provided for other active City employees. In the event any other employees (or group of
employees) are offered insurance benefits at a higher level and/or less cost, then all employees
covered by this agreement shall be offered the same or better benefits at the same cost offered to
other employees.
(b) In the event the City has or makes available any other type of insurance coverage
such as vision or personal property insurance to any city employee, the city shall also offer such
coverage to employees covered under this bargaining unit at the same cost and coverage as
provided to other city employees.
(c) The City agrees to recognize each Union regarding insurance matters. The Unions
recognized are FOP, IAFF, AFSCME, ATU (referred to hereafter as Bargaining Units).
The City and Bargaining Units agree to recognize the following guidelines for the
Committee;
1. One (1) vote per local Union and one (1) for civilian employees.
2. Committee agrees to recognize one (1) member from the City Council as a
liaison and they shall have no voting privileges.
3. The Committee may meet at least once per month and the City will provide
financial statements for the previous month.
4. The City agrees that any funds moved out of the Health Insurance Fund must
come to the committee with a majority vote. The vote of the Health Insurance Committee will be
used as a recommendation tool to the City Council.
5. A Recording Secretary will also be appointed to keep minutes of each meeting
with no voting rights.
(d) The City will provide a Group Life Insurance Policy in the amount of Twenty-five
Thousand Dollars ($25,000.00) for each employee at no cost to the employee.
(e) City will pay at least eighty percent (80%) of Hospitalization Policy and the employee
shall pay not more than twenty percent (20%). This includes a major medical policy.
(f) Working spouses either full-time or full-time equivalent, as defined by state law in
which the spouse is employed, of active employees or retirees with Healthcare coverage
available shall not be covered by the City's Healthcare Plan.
(g) The City shall contribute towards the City's health insurance premiums of any eligible
retiree who chooses to remain on City insurance, subject to the following terms and conditions:
If, the employee elects to remain a part of the City's PPO plan, the City shall charge one
dollar ($1) annual premium or contribution for coverage for the retiree or his or her spouse who
exists at the time of retirement. Such premium contribution does not include subsequent spouses.
Coverage under any plan, at any cost, shall only be available to spouse and children of the retiree
in existence at the time of retirement (or born subsequent to retirement with a spouse in existence
at the time of retirement), and not to subsequent stepchildren or natural children born with a
subsequent spouse. The premium coverage cost for any additional dependent(s) shall be equal
to the cost of premiums charged to other City employees with the following clarification: one child
shall be equal to the "single" cost; two or three children shall be equal to the cost for "two/three"
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coverage; etc. Working Spouses retirees with healthcare insurance available shall not be covered
by the City's healthcare plan.
Any spouse of a current retiree or current full time employee that has signed up for
retirement prior to January 01, 2013 will still be eligible to remain on the City's Healthcare Plan.
(2) A retiree who subsequently obtains other employment that offers insurance shall only
have the City plan as secondary.
(3) A retired employee eligible for retiree coverage, who is not covered under the City's
Plan due to being eligible for another Plan, covered by another Plan or covered as an active
employee under this Plan, and later loses such eligibility or coverage, may enroll again for retiree
coverage prior to age 65 under Late Enrollment provisions. All other Plan provisions, including
Pre -Existing Condition limitations shall apply.
(4) The City of Richmond's contribution for retiree health insurance benefits shall
continue until the retiree becomes eligible for Medicare coverage as prescribed by 42 U.S.C.
1395, et. Seq. The amount of the City's contribution to any retiree hereunder shall be subject to
subsequent modification through the Collective Bargaining process and resulting change in terms
of this Collective Bargaining Agreement, whether such changes occur before or after a particular
retiree's effective date of retirement.
(5) For the purpose of this section, an "Eligible Retiree" is defined to be any member of
the Amalgamated Transit Union Local No. 1474, who retires from active duty on the force, in
good standing, and with twenty (20) or more years of service to the City of Richmond and has
attained the age of fifty-five (55).
(6) The insurance contribution benefits hereunder shall only be available to those eligible
retirees whose first effective date of retirement is on January 1, 2001, and to those retirees and/or
dependents of a retiree who are participating in the City's group health insurance plan as of
December 31, 2000.
(g) The City of Richmond will provide to eligible retirees a Nine Thousand Dollar
($9,000.00) life insurance policy at no cost to the retiree. An eligible retiree is defined as an
employee who has twenty (20) years or more service with the City of Richmond and has attained
the age of fifty-five (55) at the time of retirement.
SECTION D6. BEREAVEMENT PAY
If an employee wishes to take time off due to the death of an immediate family member,
the employee should notify his or her supervisor immediately.
Up to three (3) days with pay will be allowed for the death in the immediate family which
includes: spouse, child, step -child, father, step -father, mother, step -mother, brother, step -brother,
sister, step -sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandchild,
grandparent, or any other family residing in the same household.
One (1) day will be allowed upon the death of the employee's brother-in-law, sister-in-
law, aunt, uncle, niece, nephew, cousin, or the grandparent of a spouse.
Absences for other funerals, as well as extra days for special circumstances, shall be
considered on a case -by -case basis.
Any days "taken off" for bereavement must be taken to correspond with the calling and or
subsequent funeral of the deceased.
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- .,
SECTION D7. P.E.R.F.
The City shall continue to participate in the public employee's retirement fund (P.E.R.F.)
and agrees to abide by all the terms and conditions as outlined in P.E.R.F. regulations. P.E.R.F.
starts for union employees at date of full-time employment.
SECTION D8. PASSES
Free transportation on Rose View City buses will be issued to employees' wives or
husbands and dependent children under eighteen (18) years of age.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED this agreement as of the day first
written above although signatures may be affixed on different dates.
THE CITY OF RICHMOND, INDIANA, by and through its Board of Public Works and Safety
VA*,k4�� Date: e-2mW
Vicki Robinson, President
a
Date:
ily Palmer, mber
Date:
Dick Foore, Member
THE AMALGAMATED TRANSIT UNION, LOCAL 1474
.
L!>� o„�-- Date:
Michael Power, President
APPROVED:
�Vid+Richmd,
City ofna
Date: 430
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