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EXHIBIT 10.15
AGREEMENT
between
GREYHOUND LINES, INC.
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and the
INTERNATIONAL ASSOCIATION OF MACHINISTS
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and
AEROSPACE WORKERS
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covering
Garage Employees At
Dallas, Texas
Houston, Texas
Kansas City, Missouri
San Antonio, Texas
Brownsville, Texas
Grand Junction, Colorado
Expires October 1, 1999
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A G R E E M E N T
between
GREYHOUND LINES, INC.
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
MEMORANDUM OF AGREEMENT -- This Agreement, effective October 1, 1996 and
expiring October 1, 1999, is entered into by and between Greyhound Lines, Inc.
and its successors and assigns, hereinafter called the "Company", and the
International Association of Machinists and Aerospace Workers, hereinafter
called the "Union". The parties recognize that the assets of Greyhound Lines,
Inc. are under new ownership. No contract language, award, adjustment,
interpretation letter, practice, or right agreed to between the Union and the
previous owners, or made binding between them through arbitration or otherwise,
shall remain in effect unless expressly agreed to herein, or as later agreed by
the parties. This Agreement may be modified only by formal amendment signed by
the parties.
The titles used in this Agreement are for reference purposes only and are not
to be considered as a part of this operative language.
As used herein, whenever "he" or "his" or their related pronouns appear, they
have been used for literary purposes and are meant in their generic sense to
include both female and male sexes.
If the Company, or any portion thereof, is sold, there shall be included in the
documents relating to such a sale a requirement that the purchaser accept and
be bound by this Agreement and all its terms for the duration of this
Agreement.
P R E A M B L E
The welfare of the Company and its employees is dependent largely upon the
service which the Company renders to the public. Improvement in this service
and economy in operating and maintenance expenses are promoted by willing
cooperation between the management and the voluntary organizations of its
employees. When the groups responsible for better service and greater
efficiency share fairly in the benefits which follow their joint efforts,
improvements in the conduct and efficiency of the Company's business are
greatly encouraged. The Parties to this Agreement recognize the foregoing
principles and agree to be governed by them in their relations.
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ARTICLE I
UNION RECOGNITION
SECTION 1. - The Company recognizes the International Association of Machinists
and Aerospace Workers, A.F.L. - C.I.O. as the exclusive, authorized
representative for the purpose of collective bargaining with respect to wages,
rates of pay, hours of employment and other conditions of employment of all
employees covered by this Agreement.
SECTION 2. - This Agreement covers and is limited to the Employees in the
following classifications who are employed in the bargaining unit for which the
Union is the certified Bargaining Agent, which embraces and is confined to the
shops in the garages owned by the Company in the following locations: Dallas,
Texas; Houston, Texas; and Kansas City, Missouri; San Antonio, Texas;
Brownsville, Texas; and Grand Junction, Colorado.
- Working Foremen
- Journeymen
- Apprentices
- Partsmen
- Coach Servicers
Employees not regularly assigned to work in the above classifications will not
be permitted to perform work in any of the above classifications where Company
Shops are maintained, except that the Company may assign employees as they may
desire to the taking of inventory.
ARTICLE II
XXXXXXX OF MAINTENANCE WORK
It will be the Company's policy to have Maintenance work historically performed
in its garages on Company operated vehicles continue to be performed at Company
garages, however, in cases of road failure, the Company may have emergency
temporary repairs made in order to operate the bus to a Company facility for
repairs. Notwithstanding this provision or any other provision of this
contract, if a service worker changes classifications or leaves the employ of
the Company, the Company shall have the right, in its sole discretion, to have
the service work of that employee performed through subcontracting or through
the hiring of part-time employees not subject to this Agreement.
ARTICLE III
JOB DEFINITION
SECTION I. - Except as hereinafter provided, Working Foremen, for the purpose
of this Agreement, are those employees who are assigned by the Company to work
at the point where and in the classification in which employed, with authority
to direct the work of other
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employees on the same shift, but without authority to hire or discharge.
Working Foremen are appointed by the Company and the work schedule and days off
of working foremen will be assigned by the Company. Working Foremen will not
come under the provisions of Article III, Sections 1, 2, 3, and 4.
At small Shop points, where five (5) or less Journeymen, including the Working
Xxxxxxx, are regularly employed, the Working Xxxxxxx may be assigned from any
point and such Working Xxxxxxx, at such small Shop points, shall have such
supervisory duties and authority as may be delegated by the Company.
Working Foremen shall retain their seniority positions in the respective
classifications and shall be subject to the provisions of Article IV, Section
2, in the reduction and restoration of forces.
Journeymen are those skilled craftsmen who have learned their trade through the
completion of a recognized apprenticeship or equivalent training and experience
and who are capable of performing the work requirements of the Company.
Apprentices are those employees primarily engaged in learning the trade of the
Journeyman Mechanic through working under the supervision of a Journeyman
Mechanic and also working as needed as a Greaser and Fueler.
Partsmens' duties consist of receiving, shipping and dispensing of Maintenance
Department parts and materials, stock inventories, stock room clerical work,
tool room attending, and such other duties incidental to the orderly and proper
handling of Maintenance parts, materials and tools, including the dismantling
of junk parts.
The primary duties of Coach Servicers shall be:
- Steam Cleaning
- Shop Cleaning
- Washing and Fueling
- Hostling
- Parts Cleaning
- Interior Special Cleaning of Coaches
- Interior Regular Cleaning of Coaches.
ARTICLE IV
SENIORITY
SECTION 1. - Seniority of employees covered by this Agreement shall be confined
to the point where and to the classification in which employed, except as
hereinafter provided.
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SECTION 2. - When it becomes necessary to reduce the forces in any
classification at any shop, excepting the Apprentice classification, master
seniority at that point shall govern, the employee affected to take the rate
and assigned hours of the job to which assigned. In reduction of force in the
Apprentice classification at any Shop, length of service in that classification
at that Shop shall govern. Seven (7) working days notice shall be given the
employee affected before the reduction is made, and layoffs on account of force
reduction shall be made effective upon the completion of the work week of the
laid-off employees, provided however that this provision shall not be effective
if the force reduction is because of strikes, picketing or circumstances beyond
the control of the Company. Employees laid off as a result of force reduction,
who desire to remain in the service of the Company, will supply the Vice-
President/Maintenance and the Shop Committee with their addresses and will
immediately advise them, in writing, concerning any changes in "address".
In the restoration of forces in a classification, at any point, the furloughed
employees in that classification, at that point, will be recalled in the
reverse order in which they were laid off provided, however, that employees who
have been on layoff status continuously for three (3) years shall no longer be
entitled to recall.
The Company will notify each employee recalled by registered United States mail
or by telegraph. Copy of such recall notice will be given to the Shop
Committee. An employee receiving recall notice shall, within twenty-four (24)
hours from receipt of such notice, advise the Company by registered United
States mail or telegraph of acceptance or rejection of recall and the time of
reporting. Employees recalled to service at their home points shall, within
fifteen (15) days following receipt of notice, report for duty or arrange for a
leave of absence as provided in Article XXI hereof.
While forces are reduced, if employees are needed at another point, furloughed
employees in the classification in which employees are needed shall be given
preference, in order of seniority, to transfer to such point with the privilege
of returning to home point when forces are permanently increased at home point,
such transfer to be made without expense to the Company. Failure to accept the
first opportunity to return to his home point on a permanent job shall forfeit
all previous home point seniority at that point and new home point seniority
shall be established at the point to which he transferred as of the first day
worked at that point. Furloughed employees offered employment at an outside
point shall advise the Company of acceptance of the job within twenty-four (24)
hours "after" receipt of notice; otherwise, the next eligible employee shall be
notified. The Company notice shall state the time the employee will be
required to report for work if he accepts the position.
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SECTION 3. - When an employee is displaced, he shall exercise his master
seniority in placing himself in his classification at that point. If a
displaced employee, by reason of lack of seniority, cannot place himself at his
home point, he may displace the youngest employee having lesser master
seniority in his classification at another point of his designation, on the
condition that he shall, within seventy-two (72) hours, pursuant to the receipt
of notice by him of his displacement, give written notice to the official in
charge and to the Shop Committee at the point of his designation.
Failure to accept the first opportunity to return to his home point on a
permanent job shall forfeit all previous home point seniority at that point and
new home point seniority shall be established at the point to which he
transferred as of the first day worked at that point.
An employee whose job is discontinued shall be given not less than three (3)
days written notice thereof.
"Permanent jobs" as used in this Article shall mean and include jobs known to
be of sixty (60) days or more duration.
SECTION 4. - Employees who transfer under the provisions of Sections 2 and 3 of
this Article will carry seniority with them and may exercise same at point to
which transferred prior to such time as a permanent vacancy occurs at home
point.
SECTION 5. - Employees in the same classification, but in different Shops, may
trade jobs if such trade is mutually agreed to by the Company and the Union.
Both employees shall have seniority equal to that of the employee having the
least seniority.
SECTION 6. - Employees covered by this Agreement who are transferred to
supervisory positions in the Company's employ shall retain their seniority for
a period of sixty (60) days. If they do not return to the bargaining unit
within sixty (60) days, they will forfeit all accrued seniority. An employee
who transfers from a job not covered to one that is covered by this agreement
shall establish seniority as a new employee.
SECTION 7. - In the event of the acquisition of any additional lines by the
Company, Maintenance Department employees of such lines performing work covered
by this Agreement who are taken into employment by the Company shall come under
this Agreement. Such employees will be permitted to bring with them seniority
status in an amount not exceeding thirty (30) days time prior to acquisition by
the Company and further will hold, as between themselves, their former
seniority ranking accruing to them while employed by the acquired line.
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SECTION 8. - The seniority of all full-time employees shall be measured from
the hour and date of first work performed in the department to which they are
assigned either in the service of the Company or in the service of Greyhound
Lines, Inc. before March 19, 1987, whichever occurred first. Should two or
more employees commence service on the same date and hour, the date and hour of
the application for employment shall determine the order of their seniority.
Seniority lists shall be posted as of July 1st of each year thereafter. The
employees who were employed since the posting of the last preceding list and
whose seniority dates are posted for the first time shall have thirty (30) days
after such first posting in which to protest the posted date; otherwise, same
shall be considered permanently established and no longer subject to protest.
SECTION 9. - Employees on leave of absence to serve as Union Officers or
employees promoted to supervisor positions from a job covered by this Agreement
shall retain and continue to accumulate seniority.
SECTION 10. - The Company agrees that for the duration of the labor agreement,
that it will not layoff (furlough) journeymen mechanics at the Dallas garage
who were hired prior to January 1, 1993.
ARTICLE V
BIDDING PROCEDURES
SECTION 1. - All new jobs created and all known permanent vacancies occurring
in the respective classifications, excepting Working Foremen who are appointed
and assigned by the Company, will be bulletined within seven (7) calendar days
in the affected shop for a period of three (3) working days, provided however,
that apprentice jobs will be bulletined simultaneously for a period of three
(3) working days in all shops covered by this agreement.
Employees working at points, other than the Shop where the vacancy exists, who
desire to bid on Apprentice jobs, may make application, in writing, forwarding
by United States mail, to the official in charge of the Shop where the vacancy
exists, furnishing a copy to the Vice President/Maintenance.
All bulletins shall define the job (i.e., engine overhaul, painting, bodywork,
etc.) regular working days and hours of assignment. Bulletined jobs will be
awarded to senior eligible employees making written application therefor.
Employees, excepting those who completed an apprenticeship training, who have
not had previous Journeyman experience with the Company, will not be eligible
to bid on Journeyman jobs.
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Nothing herein shall prevent temporary assignment to work within the employee's
classification, assigned hours and days off.
After a trial period of not more than fifteen (15) calendar days in a new
position, employees who have been found incapable of qualifying for the
position shall be returned to their vacated position without loss of seniority.
SECTION 2. - There shall be one (1) general bid per year unless otherwise
agreed between the parties. Employees may not change classifications at the
general bid.
SECTION 3. - Vacancies and new positions in the classification of Partsmen
shall be filled on the basis of seniority by employees employed in that
classification in the affected Shop, whenever possible. Such vacancies and new
positions shall be offered to the Partsmen in the affected Shop in the order of
their classification seniority.
When necessary to go outside that classification in filling such positions,
Coach Servicers whose education and previous experience indicate aptitude to
perform the work required shall be given preference over outside applicants.
Coach Servicers who become Partsmen under the foregoing provisions shall have
seniority rights in such new classification, based upon their length of service
in such new classification only, any other provisions of this Agreement to the
contrary notwithstanding.
An employee, bidding outside of his regular classification on such position, if
the successful bidder, shall be on probation during the first thirty (30) days
worked on the new job, and if disqualified by the Company during such
probationary period, shall return to his former job.
SECTION 4. - An employee, bidding on jobs under the provisions of this
Agreement, shall furnish a copy of each such bid to his Local Committee and, if
the job on which he bids is another Shop point, he shall also furnish a copy of
such bid to the Local Committee at that point.
SECTION 5. - When a vacancy exists, and which is to be continued in the
Journeyman classification, the Shop Committee may meet with Company supervision
to assist in screening other employees in other classifications who may be
capable of performing Journeyman's work.
If, in the judgment of supervision, an employee of another classification is to
be given a probationary period, not to exceed ninety (90) days, as a
Journeyman, the employee shall have the right to retain his original seniority
until the probationary period is ended, at which time, he will have the right
to exercise
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his original seniority in his former position, or forfeit his original
seniority if he elects to remain classified as a Journeyman.
If he elects to remain as a Journeyman at the conclusion of his probationary
period, his seniority date as a Journeyman shall be the date his probationary
period started; however, his original employment date with the Company shall be
used to determine his benefits such as vacation, pension, etc.
ARTICLE VI
UNION SECURITY AND CHECK-OFF
All full and part-time employees covered by any portion of this Agreement must
become and remain members of the Union not later than the thirty-first (31st)
day following their date of employment as a condition of their continued
employment with the Company.
The Company agrees to check-off and remit to the financial officer of the
respective District or Local Union monthly from the pay of each employee who is
a member of the Union, and who has so authorized the Company in writing, all
dues, initiation fees, regular assessments as may be assessed against such
member, and such voluntary contributions to the Union as may be separately
authorized by the employee. Requests for check-off of assessments will be
signed by the financial officer of the District or Local Union.
ARTICLE VII
MANAGEMENT OF OPERATIONS
It is not the intent of this Agreement to include matters of management herein,
and the Company reserves to itself the management, conduct and control of the
operations of its business, including: (1) the determination of the type,
kind, make and size of equipment and when, how and where such equipment shall
be used; (2) the prescribing of rules, instructions and regulations for the
safe, proper and effective conduct of its business in a competitive
environment; (3) the number and qualifications of employees employed by it and
their reasonable standards of conduct; (4) the assignment of work to the extent
not specified herein; and (5) except as limited by the Article titled "Xxxxxxx
of Maintenance Work", the use of leased operations and independent contractors.
The Company also reserves the right to change decisions within the scope of
this Article at any time.
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ARTICLE VIII
SECTION 1. - Hourly Rates of Pay -- Maintenance Employees
Effective Effective Effective
WAGE RATES 10/1/96 10/1/97 10/1/98
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Dallas, Texas
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Working Xxxxxxx $15.13 $15.58 $16.05
Journeyman $14.87 $15.32 $15.78
Partsmen $13.39 $13.79 $14.21
Coach Servicers
Regular Hourly Rate $ 7.92 $ 8.16 $ 8.40
**New Hire Hourly Rate $ 7.41 $ 7.63 $ 7.86
HOUSTON, TEXAS
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Working Xxxxxxx $15.32 $15.76 $16.25
Journeyman $15.06 $15.51 $15.98
Partsmen $13.55 $13.96 $14.38
Coach Servicers
Regular Hourly Rate $ 7.92 $ 8.16 $ 8.40
**New Hire Hourly Rate $ 7.41 $ 7.63 $ 7.86
SAN ANTONIO, TEXAS
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Working Xxxxxxx $14.38 $14.81 $15.25
Journeyman $14.12 $14.54 $14.98
Coach Servicers
Regular Hourly Rate $ 7.92 $ 8.16 $ 8.40
**New Hire Hourly Rate $ 7.41 $ 7.63 $ 7.86
BROWNSVILLE, TEXAS
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Working Xxxxxxx $12.76 $13.14 $13.54
Journeyman $12.50 $12.88 $13.27
Coach Servicers
Regular Hourly Rate $ 7.92 $ 8.16 $ 8.40
**New Hire Hourly Rate $ 7.41 $ 7.63 $ 7.86
GRAND JUNCTION
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Working Xxxxxxx $14.49 $14.93 $15.37
Journeyman $14.23 $14.66 $15.10
Coach Servicers
Regular Hourly Rate $ 7.92 $ 8.16 $ 8.40
**New Hire Hourly Rate $ 7.41 $ 7.63 $ 7.86
KANSAS CITY
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Working Xxxxxxx $16.11 $16.59 $17.09
Journeyman $15.85 $16.33 $16.82
Coach Servicers
Regular Hourly Rate $ 8.18 $ 8.42 $ 8.68
**New Hire Hourly Rate $ 7.66 $ 7.89 $ 8.13
The Company shall have the right to increase wages on a location basis to meet
market concerns. Such increases will not be on an individual basis, but must
cover all employees in the classification. The Company will meet with the
Union prior to announcing such increases.
**An employee hired at this rate is entitled to the regular hourly rate at the
end of twenty-four (24) months of continuous full-time employment.
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SECTION 2. - Vacation Relief Jobs:
Vacation relief positions may be created as needed. If the relief assignment
contains work of his own classification and lower classification, he shall
receive his own rate of pay for work performed in the lower classification.
Whenever there are no vacations to relieve, the vacation relief employee will
work the day shift Monday through Friday, with Saturday and Sunday off. When
performing vacation relief, the vacation relief employee will assume the
complete work schedule of the employee he is relieving, both work days and days
off. The employee will have at least sixteen (16) hours off between shifts.
If Apprentices, prior to becoming indentured, had worked one (1) year or more
as a Coach Servicer, at the rate applicable to steam cleaning and greasing,
they shall retain the highest rate for greasing and steam cleaning until their
length of service as an Apprentice entitles them to a higher rate.
Jobs may be set up as Greaser, which shall cover greasing coaches on the grease
rack or pit, and as Parts Cleaner, which shall cover cleaning parts. If such
jobs, or either of them, are set up, they should be bulletined and bid by the
Coach Servicers at the shop point involved. Coach Servicers who are assigned
to such jobs and those who are temporarily assigned to such work for four (4)
or more hours in any work day, shall be paid a differential of ten cents ($.10)
per hour, in addition to their regular Coach Servicers' rate for time so
worked. This differential shall not apply in the case of any employee assigned
to such work whose regular rate of pay is higher than that of Coach Servicer.
Effective March 1, 1977, the classification of Stripper is added and will come
under all provisions of this paragraph.
SECTION 3. - Except as expressly stated herein, no employee shall have his rate
of pay reduced as a result of the signing of this Agreement. Nothing herein
shall prohibit the paying of a higher rate of pay at the discretion of the
Company.
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ARTICLE IX
VACATIONS
SECTION 1. - Vacations will be granted in the following manner:
(a) Employees who complete one (1) year but less than fifteen (15)
years of continuous employment shall be granted a vacation of two (2) weeks
with pay.
(b) Employees who complete fifteen (15) years but less than
twenty-five (25) years of continuous employment shall be granted a vacation of
three (3) weeks with pay.
(c) Employees who complete twenty-five (25) years of continuous
employment but less than twenty-seven (27) years of continuous employment shall
be granted a vacation of four (4) weeks with pay.
(d) Employees who complete twenty-seven (27) years of continuous
employment or more shall be granted a vacation of five (5) weeks with pay,
effective with the 1997 vacation bid.
"Week" as used herein shall mean forty (40) hours.
The Company will post a vacation schedule on or before December 1st of each
year, listing each week separately and will designate how many employees can be
released for vacation purposes each week. Ten (10) days after such schedule
has been posted all employees eligible, or who will become eligible during such
vacation period, shall then express their choice of vacation period, in
accordance with seniority ranking, on a bid sheet presented to the employees
for that purpose.
The annual posting of vacations shall be during December, with vacations to be
taken the following calendar year. The number of weeks vacation to be bid in
December will be determined by the employees seniority during the calendar year
in which the vacation is taken.
Employees leaving the service of the Company will be charged the number of days
vacation not earned for which they have been paid.
No vacation will be allowed until an employee has completed one (1) year of
service.
Employees may set one week of their vacation aside at bid time to be used on a
day-by-day basis. If this is done, the days must be approved in advance by
supervision.
Employees with three (3) weeks vacation shall be entitled to bid for a one (1)
or two (2) week vacation, and employees with four (4) week vacations should be
entitled to bid for up to two (2) weeks vacation on the first round of vacation
bidding, and up to three
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(3) weeks on the second round of vacation bidding and the balance, if any, will
be bid on the third round of vacation bidding for periods then available.
All vacations must be taken within the period designated by employee's bid.
Employees who fail to make bid or who are on furlough or absent, due to
illness, and cannot be reached by the bid sheet must take vacation at a time
designated by the Company.
Employees who are absent from work during their regular assigned work period in
any service year shall forfeit one-twelfth (1/12) of the vacation allowance
due them for that service year for each aggregate of 173 hours not worked
during said year. A period of time not worked of less than four (4)
consecutive hours shall not be taken into account in computing such aggregate.
No deduction shall be made from the vacation allowance for absence due to bona
fide illness or disability for the first 519 hours of such absence in any
service year.
For each aggregate of 173 hours worked by an employee as overtime during his
service year, he shall receive an allowance of one-twelfth (1/12) of his
vacation allowance, which shall be applied only as credit against an equal
amount of deduction assessed because of absence. Penalties or credits shall
not be extended beyond the period in which assessed.
Employees who have completed earning an annual vacation and who leave the
service for any cause prior to taking such earned vacation shall be paid an
amount of money equal to such earned vacation.
Employees whose service entitles them to, at any time during their service
year, and those who voluntarily leave the service of the Company, (except those
leaving the service of the Company under the provisions of the Pension
Program), prior to having worked six (6) months of their service year for
which, if completed, they would be entitled to a vacation, shall receive no
vacation allowance for that service year.
Employees who are discharged for cause qualify for a vacation and who
voluntarily leave the service of the Company after having worked six (6) months
of their service year, for which, if completed, they would be entitled to a
vacation, shall be paid their vacation allowance pro-rata for the time so
worked.
The Company will, upon request of an employee, review any vacation periods that
become open after the December bid, and operating conditions permitting, will
consider an employees request for any open vacation periods. Such requests
will be considered on a first come basis.
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ARTICLE X
HOURS OF WORK AND OVERTIME
SECTION 1. - The regular work week shall be forty (40) hours, consisting of
either five (5) consecutive eight (8) hour days or four (4) consecutive ten
(10) hour days. The Company shall have the right twice per year to determine
the percentage of each at each location after consultation with the Union,
provided that not more than 25% of the employees covered by this Agreement on
March 19, 1987 shall be compelled to work shifts of ten hour days without the
consent of the Union. Work performed in excess of these limits shall be
overtime and will be paid at the rate of time and one-half.
SECTION 2. - The Company will post on the bulletin board in each Shop a correct
schedule showing the regular hours and days to be worked by each employee. In
the event it becomes necessary to change the scheduled hours of any job to the
extent of one (1) hour or more, or change days off, then those jobs so changed
shall be termed "vacancies" and shall be bulletined in accordance with the
requirements of Article V, Section 1.
SECTION 3. - All work performed outside and in excess of bulletined hours will
be paid for at the rate of time and one-half, except as otherwise provided
herein.
Excepting when it is a result of the employee's exercise of his seniority
rights, work performed on the sixth (6th) and seventh (7th) consecutive days
worked, in a work week, shall be paid for at one and one-half (1-1/2) times the
employee's regular rate of pay.
SECTION 4. - Overtime work will be divided as nearly equally as possible among
the employees in the classification involved who are qualified to do the
particular work required and who have made written application to the Company
to participate therein. Such employees who pass up overtime shall have their
time record charged therewith. Employees who do not make such application
shall not be entitled to share equally, and shall not be assigned to work
overtime, if an employee, who has made such application, is available for such
work.
SECTION 5. - Employees who are called back to work, after having left the
Company premises following the completion of the regular day's work or on their
assigned days off, shall be paid for such work at the applicable overtime rate
and shall be paid a minimum of four (4) hours at such applicable overtime rate.
Employees who are required to work beyond the regular quitting time of their
shift shall be given as much advance notice thereof as circumstances will
permit, with the understanding that they shall be given at least two (2) hours
notice, except in case of emergency.
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ARTICLE XI
HOLIDAY ALLOWANCE
SECTION 1. - For Employees with ten (10) or more years seniority there shall be
eight (8) paid holidays composed of New Year's Day, Xxxxxx Xxxxxx Xxxx, Jr's
Birthday, Washington's Birthday, Easter Sunday, Fourth of July, Labor Day,
Thanksgiving and Christmas.
For employees with more than ninety (90) days but less than ten (10) years
seniority there shall be five (5) paid holidays composed of New Year's Day,
Fourth of July, Labor Day, Thanksgiving and Christmas. On his tenth
anniversary date of employment, and employee will be entitled to all subsequent
holidays in that calendar year to which employees with ten (10) or more years
seniority are entitled. In order to receive holiday pay, an employee must work
the last scheduled work day prior to the holiday and also the first scheduled
work day immediately after the holiday.
Employees shall receive holiday pay for the holidays set forth above at their
regular hourly rate of pay for the number of hours of their regular shift on
the date of the holiday.
In those cases where a shift involves two (2) calendar days, the entire shift
should be applied to the day on which the shift commences.
When a paid holiday falls within an employee's vacation period, the employee
shall receive an extra day's pay, but his vacation period shall not be
extended. Should he so desire, he may be given an extra day off as a leave of
absence. Premium pay for holiday work shall not be charged to the overtime
record under Section 4 of Article IX, unless the employee was not regularly
scheduled to work such holiday.
ARTICLE XII
APPRENTICESHIP
SECTION 1
See new Greyhound/IAM apprentice program.
ARTICLE XIII
PROBATIONARY EMPLOYMENT
SECTION 1. - Applicants for employment shall fill out and sign application
forms supplied by the Company, and employment shall be considered temporary
until such application is approved by the proper official of the Company. If
the employee is not notified to the contrary, prior to the expiration of
forty-five (45) work days, his application shall be considered to have been
approved unless it
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is later found that false information materially affecting acceptance of
application was given, in which event, if the employee is dismissed from
service on account thereof, he shall be given a hearing thereof, provided he
makes written request therefore within ten (10) days from date of dismissal
notice.
SECTION 2. - New employees shall be on probation for and during the first
forty-five (45) work days of their employment. The provisions of Article XIV
shall not apply to probational employees whose services are terminated during
their probationary period.
The Company shall assign probational employees to such work, hours and days off
as it may determine during their probationary period, without regard to the
provisions of this Agreement in respect to advertising and bidding jobs. Such
probational employees may be assigned overtime work at the discretion of the
Company, without regard to Article X, Section 4, but in no event, more than
that accorded regular employees thereunder. When an employee satisfactorily
completes his probation, he shall be charged with the average amount of
overtime worked by the group to which he is then assigned in effectuating
Article X, Section 4, with respect to him thereafter.
ARTICLE XIV
GRIEVANCE PROCEDURE
SECTION 1. - No employee, who has been in the service of the Company sixty (60)
days or more, shall be dismissed without just and sufficient cause. In the
event of discipline or dismissal, the employee affected and his Shop Committee
shall be given prompt, written notice thereof, and if requested in writing of
the supervisor in charge of the Shop involved, within ten (10) days after such
notice, shall be given a fair and impartial investigation and an opportunity to
obtain and present witnesses. Such investigation, if so requested, shall be
conducted by the supervisor. Prior to holding such investigation, the employee
and his duly-authorized representative shall be apprised in writing of the
precise charge or charges. If a stenographic report of the investigation is
made by a Company stenographer, the Committee shall be provided a copy thereof
promptly. The supervisor shall make his written decision on the matter within
ten (10) days from the close of the investigation.
SECTION 2. - Discipline charged to an employees record which is over eighteen
(18) months old will not be considered by the Company providing there is no
other discipline within the eighteen (18) month period.
SECTION 3. - The presentation and handling of grievances shall be according to
the following procedure:
(a) Any employee covered by this Agreement who has a
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complaint shall discuss the complaint with this supervisor within ten (10) days
from the date of the occurrence in an effort to resolve the complaint without
resort to the formal grievance procedure. Any disposition at this step shall
be non-procedential and many not be relied upon by the Union or the Company in
any grievance hearing for any purpose.
This procedure shall not extend the time limits for filing a written grievance.
(b) The aggrieved employee or the Union Xxxxxxx shall present same,
in writing, to the supervisor in charge of the Shop in which it arises within
fifteen (15) days after it first comes to the attention of the complaining
party. Any matter that is not so presented shall be waived and no longer
subject to handling as a grievance.
(c) If such supervisor is requested, in writing, to do so, he shall,
within five (5) days after receipt of such request, arrange a hearing at which
the Company, employee and Chairman of the Shop Committee, or his designee shall
have full opportunity to present all evidence that they desire to have
considered in the matter. The Supervisor shall render his written decision
within fifteen (15) days after the receipt of the request for hearing.
(d) Appeal may be taken from the Supervisor's decision to the
Regional Manager-Maintenance or his designated representative, provided written
notice of appeal is filed within ten (10) days after the date of the
Supervisor's decision. The written decision of the Regional Manager
Maintenance or his representative shall be rendered within fifteen (15) days
after receipt of notice of appeal, unless written request for conference is
made within five (5) days from date of such notice, in which event, the time
for such conference shall be fixed by agreement and the time for making
decisions shall run from the close of the conference.
(e) The provisions of (b) and (c) above shall not apply to discipline
or dismissal cases which shall be handled according to the provisions of
Section 1 of this Article. If, after being so handled, the aggrieved employee
desires to appeal from the results of the investigation, he may do so by
following the procedure provided in (d) above.
(f) The time limits specified in (c) and (d) for holding conferences
may be extended by agreement and, in the event of extension, the management
representative shall give his written decision within five (5) days after the
conference is concluded.
(g) Failure to file notice of appeal in the manner and within the
time above provided shall render final the last decision made.
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(h) Failure of management representative to make decisions as above
provided shall result in forfeiture of the Company's case.
(i) The foregoing grievance procedure shall not prevent an aggrieved
employee or the Shop Committee or both from attempting to adjust any grievance
through informal conference with the Xxxxxxx involved.
If it is found that an employee has been unjustly suspended or dismissed from
the service, such employee shall be reinstated with his seniority and service
rights unimpaired and compensated at his regular rate for any time lost
resulting from the suspension or dismissal less any earnings received by him
during the period of such suspension or dismissal.
SECTION 4. - Grievances with respect to the interpretation or application of
any of the terms or provisions of this Agreement which are not satisfactorily
settled under the foregoing grievance procedure may be submitted to arbitration
in the following manner:
The party desiring Arbitration shall give written notice to arbitrate to the
other party within ten (10) days following the decision of the Regional
Manager-Maintenance or his representative provided for in subsection (c) of
Section 2 of this Article. Such notice will be given to the Industrial
Relations Department of the Company.
In the event a grievance is submitted to Arbitration, an Arbitrator shall be
selected according to and governed by the following procedure:
- The representative of the Union and the Company shall meet within
five (5) working days after Notice of Appeal to Arbitration. The
representative shall request the Federal Mediation and
Conciliation Service to provide a panel of five (5) Arbitrators
from which they shall select the Arbitrator. The Arbitrator
shall be chosen from the list of such nominees by alternately
striking names until one (1) remains, and he shall be notified
immediately. The question as to which party shall strike first
shall be determined by the toss of a coin.
- A record shall be made of the proceedings had before the
Arbitrator, including a stenographic transcript of all testimony
and evidence offered. The parties shall be given a full
opportunity to present their case.
- A written decision of the Arbitrator shall be final and binding
upon the parties. The Arbitration Award shall not, in any case,
change or add to any of the terms or provisions of this
Agreement. The parties shall jointly share the fee and expenses
of the Arbitrator, as well as
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the costs of the Hearing, including the making and preparing of
the Record and Transcript.
SECTION 5. - Prior to arbitration the Automotive Coordinator, or his designee
will meet with the Company's Labor Relations representative, or his designee,
with the authority to resolve the dispute.
ARTICLE XV
UNION COMMITTEE
SECTION 1. - The Union may choose, from regular employees in each Shop, a
number of representatives to act on behalf of employees covered by this
Agreement in any capacity assigned to such representatives by the Union. In
event grievance hearings are conducted during regular working hours of the
Local Committeemen, or any of them, they will not lose time as a result
thereof.
ARTICLE XVI
TEMPORARY TRANSFERS
SECTION 1. - An employee sent out by the Company on a temporary transfer to an
outlying shop or point, or sent to temporarily fill a vacancy at an outlying
shop, will be paid at his regular straight time rate of pay for time
necessarily spent in traveling from his home shop to and from such outlying
shop or point.
While at such outside shop or point, he will be paid straight time and overtime
the same as at his home shop and will be guaranteed not less than eight (8)
hours work for each of his regularly assigned days. Reasonable necessary
living expenses will be allowed. The employee shall furnish receipts covering
all such expenses, excepting only expenses for meals.
ARTICLE XVII
ROAD CALLS
SECTION 1. - A list of employees capable of taking care of road calls will be
posted in each shop. Road call work will be given to those qualified
employees, if available, who have made application for overtime work as
provided in Article X, Section 4, and road call and shop overtime will be
consolidated in computing overtime record.
SECTION 2. - When an employee is sent out on a road call, he shall be paid at
overtime rates for time necessarily spent outside of the hours comprising his
regular assignment in making preparation for the work to be done on such call.
He shall be paid at his regular straight time rate of pay for time necessarily
spent in traveling from his home shop to and from the place of work for all
hours comprising his regular assignment, in any case, and for all time so spent
on calls over 100 road miles from his home shop whether
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within or outside of his regular assignment. For time so spent outside of his
regular assignment on calls 100 road miles or less from his home shop, he shall
be paid at overtime rates of pay.
After reaching and while at the place of work, he shall be paid at his regular
straight time rate of pay for the hours comprising his regular assignment and
at overtime rate of pay for such hours on his regular days off, whether worked
or not, and at overtime rate of pay for hours actually worked outside of his
said regular assignment.
If such employee is required by the Company to stay with the coach, such time
so spent shall be considered as work in applying this provision.
SECTION 3. - An employee on road call shall be reimbursed for reasonable and
necessary traveling and other expenses incurred while so engaged, provided
proper receipts are furnished the Company covering same, excepting only
receipts for meals.
SECTION 4. - The failure of a coach on the road to the extent the driver cannot
continue his trip automatically takes the coach from the jurisdiction of the
Transportation Department and places it under the jurisdiction of the
Maintenance Department where it will remain until it is okayed for service.
ARTICLE XVIII
INJURIES
SECTION 1. - Employees injured while at work will not be required to make an
accident report before receiving necessary medical attention, but are required
to make such report within forty-eight (48) hours after being injured, if
possible. Necessary and competent first aid medical attention will be given
injured employees at the earliest possible time. The Company will not be
obligated to furnish further medical attention than that as required by the
applicable compensation law.
SECTION 2. - Employees injured while at work and who require medical attention
will be given necessary time during working hours, without loss of time, to see
the doctor.
SECTION 3. - Employees injured on the job shall be paid for time necessarily
lost from regular assignment on the day on which injured.
ARTICLE XIX
PHYSICAL EXAMINATIONS
SECTION 1. - All employees covered herein must submit to a physical examination
on the request of the Company, the cost of such examination to be borne by the
Company. It will be the policy of
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the Company to request only one (1) examination a year, except in such
instances where a re-examination is deemed necessary to determine whether or
not recommendations for correction of infirmities have been met. The Company
will make every reasonable effort to have examination given at a time and place
that will cause least inconvenience to employees who cannot be given
examination during their regular working hours. When employees are required to
take such examinations during their regular working hours, they will be paid
for such time necessarily lost from work. When correction of infirmities is
requested, the employee will be furnished with a copy of the Company
physician's report.
SECTION 2. - If the recommendation of the Company's doctors are not disputed,
they shall be complied with within a reasonable time. In the event there is a
dispute, the employee involved or the Union may, within fifteen (15) days after
the employee is notified by the Company of such recommendations, have such
employee examined by a doctor of his or its choice. If the two (2) doctors
fail to agree, a third examination will be had by a doctor mutually agreed
upon, and the majority opinion of the three (3) doctors will be govern. An
employee may be suspended for failure to comply with the recommendations agreed
upon for the repair of any correctable infirmity.
SECTION 3. - Employees who are required by the Company to take physical
examinations outside their regular working hours, to comply with DOT
Regulations, shall be paid two (2) hours pay at their regular rate.
ARTICLE XX
ATTENDING COURT - JURY DUTY
SECTION 1. - Employees required by the Company to attend Court or Coroner's
Inquest will be paid for the time necessarily lost from work while so assigned.
Reasonable expenses will be allowed. The Company will be entitled to the
mileage and witness fees.
SECTION 2. - Employees on Jury Duty will be allowed the difference between the
compensation they would have earned had they remained on their assignment and
the daily amount paid for Jury Duty. No compensation shall be paid for serving
on Juries on relief days.
ARTICLE XXI
LEAVES OF ABSENCE
SECTION 1. - A leave of absence may be granted on written application from
employee stating reason for the leave. A leave of absence will not exceed
ninety (90) days in a calendar year wherein there will be no loss of seniority.
An extension of the leave beyond the ninety (90) days may be granted upon proof
of medical necessity or explanation acceptable to the Company.
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SECTION 2. - An employee overstaying his leave of absence, unless detained by
conditions beyond his control, will automatically sever his connections with
the Company.
SECTION 3. - Upon the completion of a leave of absence, sixty (60) days must
elapse before another leave will be granted, unless by mutual agreement between
the Company and Union.
SECTION 4. - Special arrangements will be made between proper officials of the
Company and the Union for leaves of employees acting in an official capacity
for the Union.
SECTION 5. - An employee desiring to be absent from work must personally obtain
permission from his Xxxxxxx, preferably in writing, but if sickness or other
unavoidable causes prevent him from reporting for work, he shall notify his
Xxxxxxx as early as possible.
SECTION 6. - Employees entering military or naval service of the government,
pursuant to the provisions of the Selective Service and Training Act of 1940,
as amended, shall be granted all rights and privileges provided by that Act.
ARTICLE XXII
SICK LEAVE
SECTION 1. - (a) Any sickness or injury which prevents an employee from
performing the duties of his regular job with the Company shall be considered
as sickness under this Article, provided, however, that no employee shall
receive benefits thereunder whose sickness is caused by venereal diseases,
intoxication, or any injury which may be the result of any intoxication by
alcohol or drug addition, or any condition occurring while violating any
criminal law or resulting therefrom.
(b) Employees having one (1) year of seniority shall be eligible for
sick leave for each assigned work day off not in excess of five (5) days per
year. A work day shall be at the regular hourly rate for the number of hours
of the employee's regular shift on the day missed. All employees shall be
permitted to carryover all sick leave accumulated and outstanding with
Greyhound Lines, Inc. as of March 18, 1987. Any employee who established a
sick leave period, and who does not use same, will be allowed to accumulate two
weeks of such unused sick leave. The maximum amount of sick leave, consisting
of both the allowance as referred to in this paragraph, and the two (2) weeks
accumulation, shall be one hundred twenty (120) hours to be taken in any one
year.
(c) There shall be a three (3) day waiting period in respect to each
sickness for and during which no sick leave benefits shall be due or payable.
This waiting period shall begin on the day on
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which the employee visits or is visited by a doctor and shall include days off,
as well as scheduled work days. In the event the employee is hospitalized,
sick benefits shall commence as of the first day of sickness. If an employee
is disabled during this regular working hours and has worked less than four (4)
hours, the preceding day shall be considered as the date last worked.
If he has worked four (4) hours or more, that day shall be considered as the
date last worked. Following the completion of said waiting period, the
employee shall receive sick leave pay for each regular assigned work day lost
because of such sickness, up to the maximum sick leave credit to which he is
then entitled. In the event the loss of time from work on account of sickness
is compensable, under any present or future state of federal compensation act
or claims against a third party, then only the difference between the sick
leave allowance and the amount paid under such compensation act or third party
suit or settlement for such loss of time shall be payable hereunder.
Sick leave claims involving Workmen's Compensation will not be paid until the
employee returns to work and his rights, under the Workmen's Compensation Act,
are fully determined. In the event the employee terminates his employment with
the Company, without returning to work, such sick leave claims will be honored
when his rights, under the Workmen's Compensation Act have been fully
determined. Sick leave claims involving injuries sustained outside the course
of employment, where an employee has a claim or suit pending against a third
party for such injuries and resulting damages, will not be paid until the
employee returns to work and his claim against the third party has been
disposed of by trial or settlement.
(d) No employee shall be entitled to receive benefits under this plan
for any time lost by reason of sickness while on vacation. However, if an
employee should become sick while on vacation and is unable to return to work
at the end of his vacation, his three (3) day waiting period shall commence on
the first regularly scheduled work day following the conclusion of his
vacation.
(e) In order to receive benefits under this plan, the employee shall
submit to the Company medical evidence of his disability from a Company
physician or other bona fide licensed medical doctor and, if requested, on
forms to be provided by the Company. The expense of this medical evidence
shall not be borne by the Company. The Company, at its option, may require a
special examination of the employee by a doctor to be designated by the
Company. This shall be done without cost to the employee. Notification of
absence on account of sickness shall be given to the employee's immediate
supervisor as soon as possible. Application for sick leave benefits shall be
filed with the employee's supervisor within five (5) days after return of the
employee to duty.
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(f) Any employee found to have abused the sickness benefit privilege
by falsification or misrepresentation shall thereupon be subject to
disciplinary action and reduction or elimination of sickness benefits, and
shall further restore to the Company amounts paid to him for period of such
absence.
ARTICLE XXIII
INSURANCE AND PENSION
SECTION 1.
(a) Employees currently in the Amalgamated Council of Greyhound Local
Unions pension plan will remain in such plan and in addition the Company,
effective October 1, 1996, will contribute on behalf of those employees
twenty-five dollars ($25.00) per month for the life of the contract for regular
full-time employees to the Automotive Industries Plan.
(b) Effective October 1, 1996, the employer will make a maximum
combined contribution to the health and welfare and pension funds of $495.00
per month per regular full-time employees. Said contributions will be
increased to $535.00 per month on October 1, 1997 and to $575.00 per month on
October 1, 1998.
(c) For those employees in (a) above, the contributions in (b) will
be used for health and welfare premiums only.
(d) For all other employees, the contributions will be used for both
Health and Welfare and Pension contributions.
(e) The health and welfare benefit plans will be determined by the
Union and the Union will notify the Company where to send the required
payments.
(f) The employer agrees to accept the provisions of the various Trust
Agreements and agrees to sign and be bound by the terms of said Agreements.
SECTION 2. - Employees will be permitted to participate in the Greyhound Lines,
Inc. Cash or Deferred Retirement Plan for Represented Employees with the
understanding that the Company is not obligated to make any matching
contributions on behalf of such employee. The Union agrees to accept and abide
by the terms of the Plan and the related Trust and the Union agrees to waive
its rights to participate in any discussions regarding the administration,
amendment or terminating of the Plan or the related Trust.
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ARTICLE XXIV
LEGALITY
SECTION 1. - Anything contained in this Agreement, in violation of any Federal,
State or Municipal Law now in effect, or that is passed, will become null and
void.
ARTICLE XXV
MISCELLANEOUS
SECTION 1. - Space for a Bulletin Board shall be provided in a suitable place
in each Shop for the exclusive use of the employees.
SECTION 2. - Time spent by employees attending Maintenance Service Meetings
called by Officials of the Company shall be paid for at the regular rate of
pay, when in excess of one (1) meeting per month.
SECTION 3. - No employee shall be coerced to contribute to any charity or
social agency.
SECTION 4. - Employees and those dependent upon them for support will be given
the same consideration in the issuing of free or reduced rate transportation
over the Company's lines and its connecting carriers as is granted other
employees of the Company.
SECTION 5. - Sanitary drinking fountains shall be provided in or convenient to
all garages and proper heating and lighting of the garages for comfort of the
employees shall be maintained. The Company shall furnish each employee two (2)
towels per year, and soap, with proper quarters for washing and dressing.
SECTION 6. - The Company agrees that any conditions detrimental to the health
or safety of employees will be corrected when brought to their attention.
Employees will be required to use safety devices provided by the Company in
accordance with posted instructions.
The Company will work with the Union to insure a safe workplace and the Company
shall furnish all maintenance employees, when exposed to foul weather proper
foul weather gear which shall consist of rainsuits and individual boots where
the shoeless type is used.
SECTION 7. - Special first-class tools for use on Company equipment shall be
furnished for the use of the employees. Employees will be required to carry
such first-class hand tools as the work of their classification requires.
SECTION 8. - Funeral Leave - Employees will receive up to three (3) days paid
leave per occurrence for loss of a parent, spouse or child. Pay will be only
for scheduled time missed. The Company reserves the right to request written
proof.
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SECTION 9. - The Shop Xxxxxxx will be allowed the use of the Company telephone
during working hours for Union business only and only when permission is
granted by a Company supervisor. If this privilege is found to be abused, the
Company will notify the Union and the practice will be discontinued.
SECTION 10. - A key to the first aid kit will be furnished to the Shop Xxxxxxx.
The Shop Xxxxxxx will be held accountable for supplies that are maintained by
the Company in the first aid kit.
SECTION 11. - Employees shall be paid bi-weekly. The Company will designate
the day of the week that the pay day will be made on and will designate a
reasonable payroll cut off or lead time which shall be no less than ten (10)
days.
SECTION 12. - Employees at service islands will have the option to substitute
insulated coveralls for one set of uniforms.
ARTICLE XXVI
NO STRIKE, LOCKOUT
SECTION 1. - There shall be no lockouts by the Company, and there shall be no
strikes or other work stoppages of any variety called by the Union, for the
duration of this Agreement.
Where a labor dispute arises with another Union recognized by the Company and a
legal picket line is established at or around a Company terminal, garage or
other facility our employees, who are members of the International Association
of Machinists, will be permitted to honor such a legal picket line only at the
facility where work of the other Union local is or was being performed at the
time of the dispute as a regular job or bid shift.
ARTICLE XXVII
TERMINATION OF AGREEMENT
This Agreement shall be in effect from October 1, 1996, until and including
October 1, 1999, and shall remain in effect from year to year thereafter unless
changed or terminated as herein provided.
Either party desiring to make any changes or modifications in this Agreement to
become effective at the end of the initial term or any annual extension
thereof, or desiring to terminate this Agreement at the expiration thereof,
shall notify the other party in writing of its desire either to enter into
negotiations for the purpose of making changes or modifications herein or of
its desire to terminate this Agreement at least sixty (60) days prior to the
expiration of the initial term or any extension hereof. In the event that any
change or modification so requested by either party is not mutually agreed upon
prior to the expiration date of this Agreement or any renewal thereof, the
Agreement shall terminate at such expiration date unless the same shall be
extended by mutual
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consent. After receipt of notification requesting changes or modifications in
the Agreement, the parties agree to set a mutually satisfactory date to meet
and discuss same.
The foregoing is the complete collective bargaining Agreement entered into by
and on behalf of the parties signatory hereto, indisputable errors and/or
omissions accepted.
Signed this ____ day of _______________, 1996.
GREYHOUND LINES, INC.
By:
--------------------------------
By:
--------------------------------
By:
--------------------------------
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS
A.F.L. - C.I.O.
By:
--------------------------------
By:
--------------------------------
By:
--------------------------------
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