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HomeMy Public PortalAbout123-2007 - Roseview - 2008 ContractAGREEMENT BETWEEN THE CITY OF RICHMOND, INDIANA AND AMALGAMATED TRANSIT UNION LOCAL UNION NO. 1474 JAN UARY 1, 2008 THROUGH DECEMBER 31, 2010 CONTRACT NO. 123-2007 INDEX SECTION 1 FORM OF AGREEMENT PAGE 1 SECTION 2 NON-DISCRIMINATION PAGE 1 SECTION 3 MEMBERSHIP IN THE UNION PAGE 2 SECTION 4 COVERAGE OF AGREEMENT PAGE 3 SECTION 5 GRIEVANCE PROCEDURE PAGE 3 SECTION 6 FACT FINDING PAGE 4 SECTION 7 UNION BUSINESS PAGE 4 SECTION 8 INCREASE OR DECREASE PAGE 4 IN FORCES SECTION 9 MANAGEMENT CLAUSES PAGE 5 SECTION 10 SENIORITY PAGE 6 SECTION 11 LEAVE OF ABSENCE PAGE 6 SECTION 12 VACATION PAGE 7 SECTION 13 PASSES PAGE 7 SECTION 14 ARREST PAGE 7 SECTION 15 ROSEVIEW TRANSIT SYSTEM DRIVERS PAGE 8 SECTION 16 PARATRANSIT SYSTEM DRIVERS PAGE 8 SECTION 17 UNIFORMS PAGE 9 SECTION 18 ACCIDENT REPORTS/MEETINGS PAGE 9 SECTION 19 PAY TELEPHONE REIMBURSEMENT PAGE 9 SECTION 20 OPERATING CONDITION OF BUSES PAGE 9 2 SECTION 21 RATES OF PAY AND LONGEVITY PAGE 9 INDEX SECTION 22 PART-TIME EMPLOYEES PAGE 10 SECTION 23 PERSONAL DAYS PAGE 11 SECTION 24 LUNCH PAGE 11 SECTION 25 EXTRA BOARD DRIVERS PAGE 11 SECTION 26 SHORT TERM DISABILITY PROGRAM PAGE 11 SICK DAYS SECTION 27 HOSPITALIZATION INSURANCE AND PAGE 12 LIFE INSURANCE SECTION 28 BEREAVEMENT PAY PAGE 13 SECTION 29 TRANSFER PAGE 14 SECTION 30 DRIVER VACANCIES PAGE 14 SECTION 31 ADDENDUMS TO THE CONTRACT PAGE 14 SECTION 32 P.E.R.F. PAGE 14 SECTION 33 DURATION PAGE 14 3 AGREEMENT THIS AGREEMENT is made and entered into this 29th day of November 2007, 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: (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, 2008 to December 31, 2010, 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. 11 SECTION 3. MEMBERSHIP IN THE UNION (a) New employees shall be on probation for the first ninety (90) days of employment, dating from the dates they were first hired to duty as an extra board driver or a fulltime employee. New employees, after the expiration of thirty (30) 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 Holiday pay while in their orientation period. Probationary employees who have completed one (1) month of continuous employment with the City are eligible for the City's group health insurance on the first day of the month following the completion of the one (1) month of continuous employment. 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. (g) 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. Accordingly, it is fair that each employee in the bargaining unit pay his or her own way and assume his or her fair share of the obligation along with the grant of equal benefit containing in this Agreement. (c) In accordance with the policy contained in sub -paragraphs (a) and (b) of this article, all employees shall, as a condition of continued employment, pay to the Union (the employees' exclusive bargaining representative), an amount of money equal to that paid by other employees, who are 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 thirty (30) days after date of employment. SECTION 4. 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: (b) 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 Transportation, as a part of his/her functions, shall direct the overall operation of Rose View Transit System and Paratransit Transportation System. 69 x011101 Ll &Wel N I WEI Ll N =11111 U:%Z63 =1 Bill N (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 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 Transportation has received the grievance. Answers to any grievance by the Director of Transportation or his/her office shall be in writing to the Local. 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 31 the Board of Public Works and Safety in which to request the establishment of a Fact Finding Committee as set forth in Section 6 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 6. SECTION 6. 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. SECTION 7. 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 8. 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 five (5) days before the lay-off becomes effective. 7 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 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. SECTION 9. 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 eighteen (18) 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 10. SENIORITY (a) The seniority of any employee who accepts a supervisory position will continue to accumulate. 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 the same as though he or she had never left such classification for such supervisory work. (b) Seniority of employees will be computed from the date the employee was first hired to duty as a full-time employee provided their employment is continuous. (c) The City agrees to recognize the seniority of drivers in "fill-in" driving schedules as much as possible while maintaining the efficient operations of the total transit system. 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 not accrue seniority. However, a part-time employee that works continuously for a two (2) year period will be given the opportunity to fill the vacancy. A=101101Ll51MI=EXT/=Ee]y_1- 1=1Ll M (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. (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. 9 SECTION 12. VACATION (a) Hourly and monthly rated employees will be given vacations on the following basis: 1 year of continuous service — 5 days vacation 2 years of continuous service — 10 days vacation 3 years of continuous service — 11 days vacation 4 years of continuous service — 12 days vacation 5 years of continuous service — 15 days vacation One additional day per year after five (5) years of continuous service with a maximum of twenty-five (25) days vacation. (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 30th 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) Employees shall select their first and second choice of vacation days March 1 of the applicable year. The scheduling of vacation shall be by seniority and dependent upon the operational needs of the City. 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. SECTION 13. 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. SECTION 14. 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 Transportation 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 10 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. SECTION 15. 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. 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 16. 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. 11 SECTION 17. 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. (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. 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 driver on or about February 1st, 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 1st 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 blue jeans, 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 18. 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 19. PAY TELEPHONE REIMBURSEMENT When operators are out on their runs and pay telephones have to be used in the line of duty, operators shall receive same back when remittance is turned in for that day. SECTION 20. OPERATING CONDITION OF BUSES 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. SECTION 21. RATES OF PAY AND LONGEVITY Rates of pay per hour for Rose View Transit System and Paratransit System Drivers: Length of Service During 1st 6 months During 2nd 6 months During 3rd 6 months Effective 01 /01 /08 Hourly Rate $ 12.92 $ 13.08 $ 13.28 12 After 18 months $ 13.81 All drivers who have a Commercial Drivers License (CDL) will receive a $250.00 stipend per year. All drivers who have a Public Passenger Chauffer License (PPCL) will receive a $125.00 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: 2008 $ 5.00 per year of service 2009 $ 5.00 per year of service 2010 $ 7.50 per year of service 2011 $ 7.50 per year of service 2012 $10.00 per year of service 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 of 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. 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 holiday pay, personal days, bereavement pay, or vacation pay. However, all such 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. 13 SECTION 23. PAID DAYS OFF (HOLIDAYS AND PERSONAL DAYS) The City agrees to fourteen (14) paid days off. These paid days off shall be identified as a combination of recognized 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. Because the buses do run on Martin Luther King Day, employees scheduled to work on that day shall take a personal day for this holiday. 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'h days at a time in addition to full days. SECTION 24. 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 25. 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. SECTION 26. 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 seven (7) consecutive calendar days or after all accumulated sick days have been exhausted, the Short Term Disability program benefit shall begin on the eighth (8th) 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 six (6) sick days each year. Said sick days shall automatically accrue on January 1st of each calendar year. 14 (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'h 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 hired after January 1 st shall receive the number of sick days equal to the number of full months remaining in the year divided by two. (Example: An employee hired April 15th shall receive 4 days for the months of May thru December.) (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. Q) Members of the Bargaining Unit shall be provided with Long Term Disability Insurance and wellness benefits granted to non -union City employees. 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 27. HOSPITALIZATION INSURANCE AND LIFE INSURANCE (a) The City shall continue to provide group health insurance and life insurance for active members of the Amalgamated Transit Union, Local 1474 Bargaining Unit as is provided for other active City employees. In the event any other employee (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 one (1) designated member of the Amalgamated Transit Union, Local 1474 as a voting member of the City's Insurance Committee. (d) The City of Richmond has a Group Life Insurance Policy. (e) City will pay eighty percent (80%) of Hospitalization Policy and the employee shall pay not more than twenty percent (20%). This includes a major medical policy. (f) The City shall contribute up to $2000.00 per year 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: 15 (1) A retiree who subsequently obtains other employment may elect to carry two insurance policies provided that the City is secondary. (2) 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. (3) 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. (4) 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. (5) 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. (d) The City Group Life Insurance Policy for Twenty-five Thousand Dollars ($25,000.00) for employees at no cost to the employee. (e) 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 at the time of retirement. 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, 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. 16 SECTION 29. 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, but the transferee shall be placed at the bottom of the seniority list of the system to which the driver is transferred. SECTION 30. 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. Existing drivers within Rose View and Paratransit shall first be entitled to any vacant route within their respective organization based on seniority. SECTION 31. 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. SECTION 32. 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. SECTION 33. DURATION This agreement shall become effective upon its ratification by the parties and shall remain in full force through December 31, 2010. Re -openers on wages and retirement shall commence on or about June 1 of 2008 and 2009 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. 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 S/S Vickie Robinson President S/S Dian Lawson Vice -President S/S Mary Jo Flood Member AMALGAMATED TRANSIT UNION, LOCAL 1474 By:S/S Michael E. Lawson Printed: Michael E. Lawson Title: President ATU 1474 17 Date: November 29, 2007 APPROVED: S/S Sarah L. Hutton Sarah L. "Sally" Hutton, Mayor Date: November 30, 2007 IN